United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kovacs v. Cooper, 336 U.S. 77 (1949)

Kovacs v. Cooper

No. 9

Submitted October 11, 1948

Decided January 31, 1949

336 U.S. 77

Syllabus

An ordinance of Trenton, New Jersey, forbids the use or operation on the public streets of a "sound truck" or of any instrument which emits "loud and raucous noises" and is attached to a vehicle on the public streets.

Held: As applied to the defendant in this case, it does not infringe the right of free speech in violation of the First Amendment, made applicable to the states by the Fourteenth Amendment. Pp. 336 U. S. 78-79, 336 U. S. 89.

135 N.J.L. 584, 52 A.2d 806, affirmed.

Appellant was convicted in Police Court for violation of an ordinance of Trenton, New Jersey. The New Jersey Supreme Court upheld the conviction, 135 N.J.L. 64, 50 A.2d 451, and the Court of Errors and Appeals affirmed by an equally divided court. 135 N.J.L. 584, 52 A.2d 806. On appeal to this Court, affirmed, p. 336 U. S. 89.

Page 336 U. S. 78