The Burger Court Opinion
Writing Database
Grayned v. City of Rockford
408 U.S. 104 (1972)
Paul J. Wahlbeck, George Washington University
James F. Spriggs, II, Washington University
Forrest Maltzman, George Washington University
,§Ntreuto (!unrt of titt
Anita „§tatto
. cc. 2L1 ,1
June 15, 1972
CHAMBERS OF
THE CHIEF JUSTICE
No. 70-5106 -- Grayned v. City of Rockford
Dear Thurgood:
Please join me in the above case. I have
an impression that I have previously joined you, but
I cannot put my finger to the carbon. In any event,
let this fill any deficiencies.
Regards,
Mr. Justice Marshall
Copies to Conference
2nd DRAFT
SUPREME COURT OF THE UNITED STATES
No. 70-5106
Richard Grayned, Appellant,
City of Rockford.
On Appeal from the Supreme Court of Illinois_
c̀
[June —, 19721
dissenting.
The municipal ordinance on which this case turns is_
19.2 (a) which provides in relevant part:
"That no person, while on public or private grounds
adjacent to any building in which a school or any
class thereof is in session, shall willfully make orassist in the making of any noise or diversion which
disturbs or tends to disturb the peace or good orderof such school session or class thereof."
Appellant was one of 200 people picketing a school
and carrying signs promoting a Black cause—"Black
cheerleaders, too," "Black history with black teachers,"
"We want our rights" and the like.
The picketers were mostly students; but they included
former students, parents of students, and concerned citizens. They had made proposals to the school board on
their demands and were turned down. Hence the picketing. The picketing was mostly by black students who
were counselled and advised by a faculty member of the
school. The school contained 1.800 students. Those
counselling the students advised they must be quiet, walk
hand in hand, no whispering, no talking.
Twenty-five policemen were stationed nearby. There
was noise but most of it was produced by the police who
used loudspeakers to explain the local ordinance and to
announce that arrests might be made. The picketing
MR. JUSTICE DO -UGLAS,
\
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3rd DRAFT
SUPREME COURT OF THE UNITED' ST,N.TES-- ;
No. 70-5106
Richard Grayned, Appellant,)
City of Rockford.
Rcwi:eulated:
On Appeal from the Supreme Court of Illinois.
[June — 1972]
MR. JUSTICE DOUGLAS, dissenting
in part.
While I join Part I of the Court's opinion, I would also
reverse the appellant's conviction under the antinoise
ordinance.
The municipal ordinance on which this case turns is§ 19.2 (a) which provides in relevant part:
"That no person, while on public or private grounds
adjacent to any building in which a school or any
class thereof is in session, shall willfully make or
assist in the making of any noise or diversion which
disturbs or tends to disturb the peace or good order
of such school session or class thereof."
Appellant was one of 200 people picketing a school
and carrying signs promoting a Black cause—"Black
cheerleaders, to cheer too." "Black history with black
teachers," "We want our rights" and the like. Appellant,
however, did not himself carry a picket sign. There was
no evidence that he yelled or made any noise whatsoever.
Indeed, the evidence reveals that appellant simply
marched quietly and on one occasion raised his arm in
the "power to the people" salute.
The picketers were mostly students; but they included
former students, parents of students. and concerned citizens. They had made proposals to the school board on
their demands and were turned down. Hence the picketing. The picketing was mostly by black students who
were counselled and advised by a faculty member of the
13 1
'Ptrittb tatgs.
uprintit (Court cf
zrflp
a9114t5tort, p.
CHAMBERS OF
June 15, 1972
JUSTICE WILLIAM 0. DOUGLAS
Dear Thurgood:
Would you please announce the fact
that I am dissenting in No. 70-5106 - Grayned
v. City of Rockford?
W. 0. D.
Mr. Justice Marshall
aprentz Tt aart of ti/grtnitb-,.75.tatgo
as, ilitt4turt,
p.
CHAMBER$ OF
JUSTICE WILLIAM O. DOUGLAS
213-34
June 19, 1972
7
Re: No. 70-5106 - GRAYNED v. ROCKFORD
Dear Mr. Chief Justice:
7
Mr. Justice Douglas requested that
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3
the above case be held over a week before
c.
being handed down because he intends to make
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further changes to his dissenting opinion.
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7.4
Fay Allal
Secretary
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The Chief Justice
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SUPREME COURT OF THE UNITED STiTirS
CLI.culatr_):
No. 70-5106
Richard Grayned, Appellant,
v.
City of Rockford.
On Appeal from the Supreme Court of Illinois.
[June 26. 1972]
dissenting in part.
While I join Part I of the Court's opinion, I would also
reverse the appellant's conviction under the antinoise
ordinance.
The municipal ordinance on which this case turns is
§ 19.2 (a) which provides in relevant part:
"That no person, while on public or private grounds
adjacent to any building in which a school or any
class thereof is in session, shall willfully make or
assist in the making of any noise or diversion which
disturbs or tends to disturb the peace or good order
of such school session or class thereof."
Appellant was one of 200 people picketing a school
and carrying signs promoting a Black cause—"Black
cheerleaders to cheer too," "Black history with black
teachers," "We want our rights'' and the like. Appellant,
however, did not himself carry a picket sign. There was.
no evidence that he yelled or made any noise whatsoever.
Indeed, the evidence reveals that appellant simply
marched quietly and on one occasion raised his arm in.
the "power to the people" salute.
The picketers were mostly students; but they included
former students, parents of students, and concerned citizens. They had made proposals to the school board on
their demands and were turned down. Hence the picketing. The picketing was mostly by black students who
were counselled and advised by a faculty member of the.
MR. JUSTICE DOUGLAS,
ny-re/me (4trurt trf tkelarriter tat
askingtan,
D. (c.
zk 3
CHAMBERS OF
JUSTICE WM. J. BRENNAN, JR.
June 14, 1972
RE: No. 70-5106 - Grayned v. City of Rockford
Dear Thurgood:
I agree.
Sincerely,
Mr. Justice Marshall
cc: The Conference
-1117-rrirtr Q.;oart of tilrIiniteb Stars
PaslIington,
J.
CHAMBERS OF
JUSTICE POTTER STEWART
June 13, 1972
70-5106 - Grayned v. Rockford
Dear Thurgood,
I am glad to join your opinion for
the Court in this case.
Sincerely yours,
r
Mr. Justice Marshall
Copies to the Conference
,f)uprgutt (gottrt of till Ariter .tatto
paskingtint,7a. (c.
CHAMBERS OF
JUSTICE BYRON R. WHITE
June 13, 1972
Re: No. 70-5106 - Grayned v. City
of Rockford
Dear Thurgood:
Please join me.
Sincerely,
,s„.„/
Mr. Justice Marshall
Copies to Conference
1st DRAFT
SUPREME COURT OF THE UNITED STATES
No. 70-5106
Richard Grayned, Appellant,
On Appeal from the Suv.
preme Court of Illinois.
City of Rockford.
[June —, 1972]
MR. JUSTICE MARSHALL delivered
the opinion of the
Court.
Appellant Richard Grayned was convicted for his part
in a demonstration in front of West Senior High School
in Rockford, Illinois. Negro students at the school had
presented their grievances to school administrators, who
then gave an unsatisfactory response. At that point,
a more public demonstration of protest was planned.
On April 25, 1969, approximately 200 people—students, their family members, and friends—gathered
next to the school grounds. Appellant, whose brother
and twin sisters were attending the school, was part of
this group. The demonstrators marched around on a
sidewalk about 100 feet from the school building, which
was set back from the street. Many carried signs which
summarized the grievances: "Black cheerleaders to cheer
too"; "Black history with black teachers"; "Equal rights,
Negro counselors." Others, without placards, made the
"power to the people" sign with their upraised and
clenched fists.
In other respects, the evidence at appellant's trial
was sharply contradictory. Government witnesses reported that the demonstrators repeatedly cheered,
chanted, baited policemen, and made other noise that
was audible in the school; that hundreds of students
2nd DRAI'T
SUPREME COURT OF THE UNITED STATES
No. 70-5106
Richard Grayned. Appellant)
On Appeal from the Suv.
preme Court of Illinois.
City of Rockford.
[June —, 1972]
MR. JUSTICE MARSHALL delivered the opinion of the
Court.
Appellant Richard Grayned was convicted for his part
in a demonstration in front. of West. Senior High School
in Rockford, Illinois. Negro students at the school had
first presented their grievances to school administrators.
When the principal took no action on crucial complaints,
a more public demonstration of protest was planned.
On April 25. 1969, approximately 200 people—students. their family members, and friends—gathered
next to the school grounds. Appellant., whose brother
and twin sisters were attending the school, was part of
this group. The demonstrators marched around on a.
sidewalk about 100 feet from the school building, which
was set back from the street. Many carried signs which
summarized the grievances: "Black cheerleaders to cheer
too"; "Black history with black teachers"; "Equal rights,
Negro counselors." Others, without placards, made the
"power to the people" sign with their upraised and
clenched fists.
In other respects. the evidence at appellant's trial
was sharply contradictory. Government witnesses reported that. the demonstrators repeatedly cheered,
chanted. baited policemen. and made other noise that
was audible in the school; that hundreds of students
To: The
Mr.
Mr.
Mr.
Mr.
Mr.
NOTICE: This opinion is subject to formal revision before publication
Mr.
In the prelimittaevr print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the
Mr.
United States. Washington. D.C. 20543. of any typographical or other
formal errors, in order that corrections may be made before the preliminary print goes to press.
Chief Justice
Justice Douglas
Justice Brennan
Justice Stewari7
Justice White
Justice Blackr=1
Justice Bowel:
Justice
From: Marshall, J.
SUPREME COURT OF THE UNITED
No. 70-5106
Richard Grayned, Appellant,
v.
City of Rockford.
nbs
a, irculated:
JUN 1
c 77_7
0
Recirculated:
On Appeal from the Supreme Court of Illinois.
[June 19. 1972]
MR. JUSTICE MARSHALL delivered the opinion of the
Court.
Appellant Richard Grayned was convicted for his part
in a demonstration in front of West Senior High School
in Rockford, Illinois. Negro students at the school had
first presented their grievances to school administrators.
When the principal took no action on crucial complaints.
a more public demonstration of protest was planned.
On April 25. 1960, approximately 200 people—students, their family members, and friends—gathered
next to the school grounds. Appellant, whose brother
and twin sisters were attending the school. was part of
this group. The demonstrators marched around on a
sidewalk about 100 feet from the school building, which
was set back from the street. Many carried signs which
summarized the grievances: "Black cheerleaders to cheer
too"; "Black history with black teachers"; "Equal rights,
Negro counselors." Others, without placards, made the"power to the people" sign with their upraised and
clenched fists.
In other respects. the evidence at appellant's trial
was sharply contradictory. Government witnesses reported that the demonstrators repeatedly cheered,
chanted, baited policemen. and made other noise that
was audible in the school; that hundreds of students
were distracted from their school activities and lined
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CHAMBERS OF
JUSTICE HARRY A. BLACKMUN
June 14, 1972
aft
X
Re: No. 70-5106 - Grayned v. City of Rockford
C
Dear Thurgood:
Will you please note at the end of your opinion
something along the following lines:
"Mr. Justice Blackmun joins in the
judgment and in Part I of the opinion of
the Court. He concurs in the result as
to Part II of the opinion."
With the half victory for the appellant, I suppose
we shall be confronted with a question of costs. I do not
know whether we should consider this now, so that it will
not be delayed over the summer. In any event, I shall be
guided by your recommendation as to this.
Sincerely,
Mr. Justice Marshall
cc: The Conference
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.§u4Trtute (Caurt of ifyr1Trtittir,§trato
10ttsitingtart, 73. (C. znAlt.g
C HAM BERS OF
JUSTICE LEWIS F. POWELL, JR.
June 14, 1972
Re: No. 70-5106 Grayned v. City of Rockford
Dear Thurgood:
Please join me.
Sincerely,
Mr. Justice Marshall
cc: The Conference
„§upreutt (Caurt of ittt 'gaiter Sstatrix
agf triztg Li lc, p (c. 2I1 w
CHAMBERS OF
JUSTICE WILLIAM H. REHNQUIST
June 14, 1972
Re: No. 70-5106 - Grayned v. City of Rockford
Dear Thurgood:
Please join me.
Mr. Justice Marshall
Copies to the Conference