Need an research paper on 10 legal briefs. Needs to be 10 pages. Please no plagiarism. 2. Procedural History: The case was first heard in a Chicago court, before being appealed in the Illinois appellate court and later the Illinois Supreme Court. The case was passed further to US Supreme Court for a final determination.
3. Facts: Terminiello, a suspended catholic priest made a speech that was injurious to the personality of certain racial groups in an auditorium if the state of Chicago. this caused a public disturbance which forced the police to arrest him and present him to court.
5. Reasoning: The reasoning applied under this case is that inflammatory speeches and fight words are against the provisions of the first amendment of the US constitution. Therefore, the law does not protect the right of speech which creates anger and dispute. Additionally, the provisions of the amendment are against any speech or words that cause public unrests and disputes.
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6. Rule: The trial court ruled that Terminiello was guilty of a breach of peace, because his conduct entailed a breach of public peace and decorum. The both the Appellate and the Supreme courts of Illinois affirmed the ruling. The US Supreme Court ruled that the statute used to charge him was unconstitutional.
7. Holding: the Supreme Court held that the speech made by Terminiello was protected under the first amendment of the US constitution. It also held that the statute applied to convict him by the Chicago trial court was unconstitutional.
8. Dissent: Chief justice Vinson opposed the opinion, observing that the statute applied was suitable for punishing fight words. The same sentiments was echoed by justices Frankfurter and Jackson, who observed that reversing the ruling granted by the trial court and affirmed by both the appellate and the supreme courts of Illinois was a breach of balance of power of the state and the federal courts.
2. Procedural History: The case was first held in a California trial court.