MATTER OF ROCKWELL v. MORRIS


12 A.D.2d 272 (1961)

In the Matter of George L. Rockwell, Appellant, v. Newbold Morris, as Commissioner of Parks of The City of New York, Respondent, and Department of New York Jewish War Veterans of the United States, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1961.


Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

Seymour B. Quel of counsel (Saul Moskoff with him on the brief; Charles H. Tenney, Corporation Counsel), for respondent.

Theodore Brooks for intervenor-respondent.

RABIN, VALENTE and STEVENS, JJ., concur with BREITEL, J. P.; EAGER, J., dissents in part and votes to affirm in opinion.


BREITEL, J. P.

Rockwell, a self-styled American Nazi and, reputedly, a rabid racist, applied to the Commissioner of Parks on May 17, 1960, for a permit to use Union Square Park to make a public political speech the following July 4. The park is located in New York City in a traffic and pedestrian-congested area which is also a transfer point for a number of rapid transit lines. Respondent Commissioner denied...

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