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    TURNER v. STATE OF NEW YORK , 386 U.S. 773 (1967)

    U.S. Supreme Court

    TURNER v. STATE OF NEW YORK , 386 U.S. 773 (1967)

    386 U.S. 773

    William TURNER et al., Petitioners,
    No. 399.

    Supreme Court of the United States

    Argued April 12 and 13, 1967.

    May 8, 1967

    Argued April 12 and 13, 1967.

    Osmond K. Fraenkel, New York City, for petitioners.

    H. Richard Uviller, New York City, for respondent.


    The writ is dismissed as improvidently granted.

    Mr. Justice DOUGLAS, with whom Mr. Justice FORTAS concurs, dissenting.

    This case arose out of an assembly in Duffy Square, New York City, protesting American policy in Vietnam. After a few minutes of speeches, the police dispersed the crowd, utilizing two policemen on horseback and a dozen patrolmen.

    The complaint charged disorderly conduct,

    A conviction on one ground may not be sustained on grounds that might have been charged but were not. 'It is as much a violation of due process to send an accused to prison following conviction of a charge on which he was never tried as it would be to convict him upon a charge that was nevr made.' Cole v. State of Arkansas, 333 U.S. 196, 201 , 517. And see Shuttlesworth v. Birmingham, 382 U.S. 87 ; Ashton v. Kentucky, 384 U.S. 195 d 469. [386 U.S. 773 , 775]   Likewise a conviction 'upon a charge not made' is not consistent with due process. De Jonge v. State of Oregon, 299 U.S. 353, 362 .

    Where First Amendment rights are involved, as they were here, we have been meticulous to insist upon clean-cut violations of ordinances protecting law and order, lest broad or fuzzy applications be used to suffocate or impair the exercise of those constitutional rights. Stromberg v. State of California, 283 U.S. 359, 369 ; Edwards v. State of South Carolina, 372 U.S. 229, 237 ; Cox v. State of Louisiana, 379 U.S. 536 , 551-552, 462-463d 471; Ashton v. Kentucky, supra, 384 U.S. at 200-201, 86 S.Ct. at 1410.

    Issues of that character and gravity are tendered here and I would resolve them.

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