1971 United States Supreme Court case
Organization for a Better Austin v. Keefe Full case name Organization for a Better Austin, et al. v. Keefe Citations 402 U.S. 415 (more ) Prior Certiorari to the Appellate Court of Illinois, First DistrictCourts cannot prohibit peaceful distribution of pamphlets, unless a heavy burden is met to justify prior restraint. Chief Justice Warren E. Burger Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun Majority Burger, joined by Black, Douglas, Brennan, Stewart, White, Marshall, Blackmun Dissent Harlan U.S. Const. amends. I , XIV
Organization for a Better Austin v. Keefe , 402 U.S. 415 (1971), was a United States Supreme Court case in which the Court held that courts cannot prohibit peaceful distribution of pamphlets, unless a heavy burden is met to justify prior restraint.
Keefe, a real estate broker, worked in the Chicago neighborhood of Austin . Keefe soon garnered a reputation for his business practices, which were considered to be inflammatory and controversial. Among the asserted practices was that Keefe attempted to generate sales by panicking white homeowners into selling at below-market prices by suggesting that African Americans would soon be living nearby, then selling the houses to African Americans at market value or higher (a practice known as blockbusting ).
Some residents of Austin, including the Organization for a Better Austin (OBA), attempted to coerce Keefe to change his tactics by distributing flyers in the town of Westchester , where Keefe resided. Keefe sued, and obtained an injunction preventing the OBA from distributing flyers in Keefe's neighborhood. The OBA argued that their pamphlets were merely informational, but Keefe argued that they were invasions of privacy, and were intimidating.
The Illinois Appellate Court upheld the injunction (115 Ill.App.2d 236, 253 N.E.2d 76).
Opinion of the Court [ edit ] The Supreme Court, in an 8 to 1 decision, overturned the injunction. The court ruled that peaceful distribution of pamphlets is an important aspect of the First Amendment freedom of speech, and that prior restraint of such peaceful speech requires a very compelling reason.
Justice Harlan dissented solely on the basis that the injunction did not constitute a "final decision" from which an appeal could be taken, and that the Court thus lacked jurisdiction.
Public displays and ceremonies Statutory religious exemptions Public funding Religion in public schools Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected speech
Incitement and sedition Defamation andfalse speech Fighting words and the heckler's veto True threats Obscenity Rosen v. United States (1896) United States v. One Book Called Ulysses (S.D.N.Y. 1933) Roth v. United States (1957) One, Inc. v. Olesen (1958) Smith v. California (1959) Marcus v. Search Warrant (1961) MANual Enterprises, Inc. v. Day (1962) Jacobellis v. Ohio (1964) Quantity of Books v. Kansas (1964) Ginzburg v. United States (1966) Memoirs v. Massachusetts (1966) Redrup v. New York (1967) Ginsberg v. New York (1968) Stanley v. Georgia (1969) United States v. Thirty-seven Photographs (1971) Kois v. Wisconsin (1972) Miller v. California (1973) Paris Adult Theatre I v. Slaton (1973) United States v. 12 200-ft. Reels of Film (1973) Jenkins v. Georgia (1974) Southeastern Promotions, Ltd. v. Conrad (1975) Erznoznik v. City of Jacksonville (1975) Young v. American Mini Theatres, Inc. (1976) Vance v. Universal Amusement Co., Inc. (1980) American Booksellers Ass'n, Inc. v. Hudnut (7th Cir. 1985) People v. Freeman (Cal. 1988) United States v. X-Citement Video, Inc. (1994) Reno v. ACLU (1997) United States v. Playboy Entertainment Group, Inc. (2000) City of Los Angeles v. Alameda Books, Inc. (2002) Ashcroft v. ACLU I (2002) United States v. American Library Ass'n (2003) Ashcroft v. ACLU II (2004) Nitke v. Gonzales (S.D.N.Y. 2005) United States v. Williams (2008) American Booksellers Foundation for Free Expression v. Strickland (6th Cir. 2009) United States v. Kilbride (9th Cir. 2009) United States v. Stevens (2010) Brown v. Entertainment Merchants Ass'n (2011) FCC v. Fox Television Stations, Inc. (2012) Free Speech Coalition v. Paxton (2025) Speech integral to criminal conduct
Strict scrutiny Overbreadth Vagueness Symbolic speech versus conductContent-based restrictions Content-neutral restrictions
Compelled speech Compelled subsidy of others' speech
Government grants and subsidies Government as speaker Loyalty oaths School speech Public employees Hatch Act and similar lawsLicensing and restriction of speech Commercial speech Valentine v. Chrestensen (1942) Rowan v. U.S. Post Office Dept. (1970) Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations (1973) Lehman v. Shaker Heights (1974) Goldfarb v. Virginia State Bar (1975) Bigelow v. Virginia (1975) Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council (1976) Linmark Assoc., Inc. v. Township of Willingboro (1977) Carey v. Population Services International (1977) Bates v. State Bar of Arizona (1977) In re Primus (1978) Ohralik v. Ohio State Bar Association (1978) Friedman v. Rogers (1979) Consol. Edison Co. v. Public Serv. Comm'n (1980) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) Metromedia, Inc. v. San Diego (1981) In re R.M.J. (1982) Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982) Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio (1985) Pacific Gas & Electric Co. v. Public Utilities Comm'n of California (1986) Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986) San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee (1987) Shapero v. Kentucky Bar Association (1988) Riley v. Nat'l Fed'n of the Blind (1988) State University of New York v. Fox (1989) Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990) City of Cincinnati v. Discovery Network (1993) Edenfield v. Fane (1993) United States v. Edge Broadcasting Co. (1993) Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994) Lebron v. National Railroad Passenger Corp. (1995) Rubin v. Coors Brewing Co. (1995) Florida Bar v. Went For It, Inc. (1995) 44 Liquormart, Inc. v. Rhode Island (1996) Glickman v. Wileman Brothers & Elliot, Inc. (1997) Greater New Orleans Broadcasting Assn., Inc. v. United States (1999) Los Angeles Police Department v. United Reporting Publishing Co. (1999) United States v. United Foods Inc. (2001) Lorillard Tobacco Co. v. Reilly (2001) Thompson v. Western States Medical Center (2002) Nike, Inc. v. Kasky (2003) Johanns v. Livestock Marketing Ass'n (2005) Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007) Milavetz, Gallop & Milavetz, P.A. v. United States (2010) Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010) Sorrell v. IMS Health Inc. (2011) Expressions Hair Design v. Schneiderman (2017) Matal v. Tam (2017) Iancu v. Brunetti (2019) Barr v. American Association of Political Consultants (2020) Vidal v. Elster (2024) Campaign finance and political speechAnonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections