GREGORY V. CITY OF CHICAGO (1969)

Gregory v. City of Chicago is unusual in that its holding does not matter. What makes it a significant First Amendment case is Justice Hugo Black’s concurrence discussing the heckler’s veto: when a speaker’s opponents threaten violence against the speaker, causing the government to silence the speaker in order to avoid that violence. It is therefore a form of government censorship. In an early articulation of the concept, the Court ruled in Terminiello v. City of Chicago (1949) it was impermissible to arrest a speaker simply because that person’s message stirred up discontent. The concern is that the government will pick favorites, allowing pro-government figures to speak while silencing critics under the pretext of avoiding unrest. Gregory therefore sits squarely within the ACLU’s ongoing battle against government censorship, especially when attacks on free speech arrive cloaked in benign concern for the speaker’s well-being.