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Robert Zwicker v. James Boll

Citations: 20 L. Ed. 2d 642; 88 S. Ct. 1666; 391 U.S. 353; 1968 U.S. LEXIS 1636Docket: 573 M

Court: Supreme Court of the United States; May 20, 1968; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The case involves a group of University of Wisconsin students who were arrested during peaceful protests against U.S. policies in Vietnam. They challenged the constitutionality of the Wisconsin disorderly conduct statute, arguing it was overly broad and used to suppress their First Amendment rights. The appellants sought a declaratory judgment or an injunction against ongoing prosecutions, claiming their arrests were politically motivated and constituted harassment. The lower court dismissed their complaint, prompting an appeal. A dissenting opinion by Justice Douglas suggested remanding the case for a plenary hearing to assess allegations of bad faith and political discrimination. The appellants argued that their arrests were part of a systematic effort to deter political dissent, invoking 42 U.S.C. 1983 to assert federal claims of rights violations. The Supreme Court affirmed the lower court's decision but highlighted the importance of evaluating whether the statute's enforcement constituted a misuse of legal authority against unpopular political expression. The case underscores the delicate balance between maintaining public order and protecting constitutional rights to free speech and political assembly.

Legal Issues Addressed

Bad Faith Prosecution and Harassment

Application: The dissent argued that if the arrests were made in bad faith to harass and suppress the appellants' political statements, then they constitute a federal claim under 42 U.S.C. 1983.

Reasoning: If bad faith is established, a federal claim arises, irrespective of any subsequent actions by state courts, particularly concerning the ongoing harassment of individuals exercising their First Amendment rights.

Constitutionality of Disorderly Conduct Statute

Application: The appellants challenged the Wisconsin disorderly conduct statute, arguing it was unconstitutional due to overbreadth and its application to suppress political dissent.

Reasoning: The plaintiffs assert that their arrests under this statute are intended to deprive them of their constitutional rights of free speech, assembly, and the right to petition the government, as protected by the First and Fourteenth Amendments and 42 U.S.C. 1983.

First Amendment Rights and Political Expression

Application: The appellants claimed that their peaceful protests, which led to arrests under the disorderly conduct statute, were constitutionally protected expressions of their political views.

Reasoning: They argue that enforcement of the disorderly conduct statute serves to punish and deter them from exercising their rights, while also encouraging state officials to engage in intimidation and harassment.

Procedural Requirements for Injunctive Relief

Application: The case discusses the appropriateness of abstention and the necessity for a plenary hearing to address allegations of harassment related to the enforcement of the disorderly conduct statute.

Reasoning: The dissent highlighted concerns about the potential misuse of disorderly conduct statutes against unpopular political expressions.

Selective Enforcement of Statutes

Application: The appellants alleged that the disorderly conduct statute was selectively enforced to suppress their opposition to governmental policies, amounting to political discrimination.

Reasoning: Arrests of the appellants appear to have been motivated by their nuisance to the university rather than by actual disorderly conduct that would provoke a disturbance as defined under Wis. Stat. 947.01(1).