Coates v. City of Cincinnati

United States Supreme Court

402 U.S. 611

Coates et al.  v.  City of Cincinnati

Appeal from the Supreme Court of Ohio

No. 117.  Argued: January 11, 1971. --- Decided: June 1, 1971

Cincinnati, Ohio, ordinance making it a criminal offense for "three or more persons to assemble... on any of the sidewalks... and there conduct themselves in a manner annoying to persons passing by...," which has not been narrowed by any construction of the Ohio Supreme Court, held violative on its face of the due process standard of vagueness and the constitutional right of free assembly and association. Pp. 614-616.

21 Ohio St. 2d 66, 255 N.E. 2d 247, reversed.

STEWART, J., delivered the opinion of the Court, in which DOUGLAS, HARLAN, BRENNAN, and MARSHALL, JJ., joined. BLACK, J., filed a separate opinion, post, p. 616. WHITE, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN, J., joined, post, p. 617.

Robert R. Lavercombe argued the cause and filed a brief for appellants.

A. David Nichols argued the cause for appellee. With him on the brief was William A. McClain.

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