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Kovacs v. Cooper (Doc. #: 9) (1949)  [Findlaw]

Argument Date 11/11/1948
Decided 01/31/1949
Supreme Court Vote 5-4
Note In Saia v. New York (1948) a divided Court per Douglas, J., struck down a city ordinance requiring permission from the chief of police before a soundtruck could be used within the city.
Supreme Court Ruling First Amendment claim denied
IssueWhether a municipal ban on the use of any sound system emitting "loud and raucous" noises on public streets violates the First and Fourteenth Amendments.
Majority Opinion Reed. J., announced the judgment of the Court (opinion joined by Vinson, C.J & Burton, J.)
Concurring Opinion Frankfurter, J., & Jackson, J.
Dissenting Opinion Murphy, J., & Black, J. (joined by Douglas, J. & Rutledge, J.)
Lower Court New Jersey Supreme Court
Lower Court Ruling First Amendment claim denied
For Petitioner
George Pellettieri (for Appellant)

For Respondent
Louis Josephson (for Appellee)

Opinion - Lower Court
Kovacs v. Cooper, 135 N.J.L. 584, 52 A.2d 806 (rehearing en banc, 1947 (Ct. equally divided, judgment affirmed) [LexisNexis]

Kovacs v. Cooper, 135 N.J.L. 64, 50 A.2d 451 (1946) (vote: 2-1) [LexisNexis]

"High Court Backs Sound Trucks Ban; Splits 5-4 on Trenton's Law Against 'Loud' Noises -- Justices' Views Diverge Widely," New York Times, February 1, 1949, p. 23
Edwards, Willard, "Sound Truck Ban Upheld in High Court," Chicago Daily Tribune, February 1, 1949, p. 1
Marder, Murrey, "Supreme Court Upholds Ban On 'Raucous' Sound Trucks; Sound Truck Curb Upheld," Washington Post, February 1, 1949, p. 1
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 3.02[3][a]
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