CITY OF BATON ROUGE v. EWING

No. 55390.

308 So.2d 776 (1975)

CITY OF BATON ROUGE, Appellant, v. Wilbur EWING, Appellee.

Supreme Court of Louisiana.

Dissenting Opinion March 6, 1975.


Attorney(s) appearing for the Case

George B. Eldredge, Legal Intern, Martin E. Regan, Jr., Legal Intern, P. Raymond Lamonica, Supervising Atty., LSU Clinical Legal Education Program, Baton Rouge, for plaintiff-appellant.

Byron Magbee, Baton Rouge, for defendant-appellee.


TATE, Justice.

The defendant Ewing was charged with using "indecent, vile, and profane language", in violation of a city ordinance. The city court granted the defendant's motion to quash the charge. The motion was based on the ground that the ordinance was unconstitutional as violating the protection of free speech provided by the First Amendment to the federal constitution.

The City appeals.

The ordinance at issue is Baton Rouge City Code, Title 13...

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