Grayned v. City of Rockford

Background

Richard Grayned was one of about 200 people who protested outside a public high school about racial grievances. The group marched on a public sidewalk set back about 100 feet from the school and carried signs; police warned and arrested roughly 40 protesters, including Grayned. He was convicted under two Rockford city rules: an "antipicketing" ban on demonstrations within 150 feet of a school during class hours, and an "antinoise" rule banning willful noise or diversions that disturb a school session. The Illinois Supreme Court upheld both rules, and the case reached the United States Supreme Court.

Reasoning

The Court asked whether each city rule was lawful on its face. It held the antipicketing rule invalid because it treated some picketing differently from others in a way that violated equal protection, and so Grayned's conviction under that rule was reversed. The Court upheld the antinoise rule, finding it not unconstitutionally vague or overbroad when read to forbid only willful acts that actually or imminently disrupt normal school activities. The decision relied on earlier state and federal cases and on Tinker's principle that speech may be limited when it materially disrupts classwork or causes substantial disorder.

Real world impact

The ruling means people may peacefully picket on public sidewalks near schools while classes are in session, so long as their actions do not willfully disrupt school activities. Cities may prohibit loud or disruptive demonstrations that interfere with classrooms, but restrictions must be carefully focused and measured against actual disruption. The Court noted that some unconstitutional applications could still occur and must be challenged in specific cases.

Dissents or concurrances

Justice Douglas disagreed about the antinoise rule and would have reversed Grayned's conviction because the record shows he walked quietly and did not personally make noise.