What is the test for First Amendment freedom of speech in the context of a local ordinance restricting the distribution of leaflets?

California, United States of America


The following excerpt is from Di Lorenzo v. City of Pacific Grove, 260 Cal.App.2d 68, 67 Cal.Rptr. 3 (Cal. App. 1968):

In Kovacs v. Cooper, 336 U.S. 77, 88, 69 S.Ct. 448, 454, 93 L.Ed. 513, the court declared: 'The preferred position of freedom of speech in a society that cherishes liberty for all does not require legislators to be insensible to claims by citizens to comfort and convenience. To enforce freedom of speech in disregard of the rights of others would be harsh and arbitrary in itself.'

Heavily relied upon by plaintiff is Martin v. City of Struthers, supra, 319 U.S. 141, 63 S.Ct. 862, 87 L.Ed. 1313. That case concerned a local ordinance which had the effect of forbidding members of a religious group from knocking on the doors of homes and delivering leaflets to persons therein. The ordinance was held to be a First Amendment violation. That holding is inapplicable to the instant case where plaintiff was not precluded from going upon private property and leaving her [260 Cal.App.2d 74] paper with its occupant. Indeed Martin v. City of Struthers, at p. 143, 63 S.Ct. at p. 863, holds that 'the peace, good order, and comfort of the community may imperatively require regulation of the time, place and manner of distribution (of literature).'

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