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MATTER OF CLIVE W.

109 Misc.2d 788 (1981)

In the Matter of Clive W., a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, Kings County.

July 8, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Joseph Greenberg and Evelyn Waltrous of counsel), for petitioner. Charles Schinitsky, Martin Guggenheim and Ronald Hauben for respondent.

AILEEN HAAS SCHWARTZ, J.

The real test of a free society is the law's view of a confrontation between the constable and the citizen. That crucible assumes a special gravity when words are a part of the offending conduct.

Three issues are critical in the instant matter: Does the First Amendment immunize against criminal responsibility for unlawful conduct? May disorderly conduct (Penal Law, § 240...

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