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PEOPLE v. KATZ

21 N.Y.2d 132 (1967)

The People of the State of New York, Respondent, v. Elliot Katz, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Isidore Silver for appellant.

Thomas J. Mackell, District Attorney (Sidney Baumgarten of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and BREITEL concur with Judge KEATING; Judge VAN VOORHIS dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.

KEATING, J.

Elliot Katz, a 20-year-old college student, set up a 3-foot by 3-foot card table near the corner of Roosevelt Avenue and Main Street in Queens. Pinned to the table was a sign which stated: "Stop the War in Viet Nam." On the table were various pamphlets containing information relating to the Vietnam situation. People who stopped at the table were requested to write to either their Congressman or the...

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