Valentine v. Chrestensen facts for kids
Quick facts for kids Valentine v. Chrestensen |
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| Argued March 31, 1942 Decided April 13, 1942 |
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| Full case name | Valentine, Police Commissioner of the City of New York v. Chrestensen |
| Citations | 316 U.S. 52 (more)
62 S. Ct. 920; 86 L. Ed. 1262; 1942 U.S. LEXIS 725; 1 Media L. Rep. 1907
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| Prior history | Chrestensen v. Valentine, 34 F. Supp. 596 (S.D.N.Y. 1940); affirmed, 122 F.2d 511 (2d Cir. 1941); cert. granted, 314 U.S. 604 (1941). |
| Holding | |
| Commercial speech in public thoroughfares is not constitutionally protected. | |
| Court membership | |
| Case opinions | |
| Majority | Roberts, joined by unanimous |
| Laws applied | |
| U.S. Const. amend. I | |
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Overruled by
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| Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) | |
Valentine v. Chrestensen was an important case decided by the Supreme Court of the United States in 1942. The Court decided that the government could control advertisements (called 'commercial speech') in public places like streets. This ruling meant that advertising in public spaces was not protected by the First Amendment in the same way other types of speech were.
Contents
What Happened in the Case?
The Submarine and the Handbills
A man named F. J. Chrestensen owned a World War I submarine, the USS S-49. He kept it docked in the East River in New York City. Chrestensen wanted to show his submarine to people and charge them money to see it.
To get visitors, he started giving out handbills (flyers) on the streets. However, New York City had a rule (a local law called an ordinance) that said you couldn't hand out flyers that were just for "commercial advertising." This meant no flyers simply trying to sell something.
The Police Get Involved
Lewis J. Valentine, who was the Police Commissioner of New York City, told Chrestensen that his flyers broke the city's rule. He explained that only flyers giving out information or protesting something were allowed.
So, Chrestensen changed his flyer. He took off the part about the admission fee from the front. On the back, he added a protest against the City Dock Department. He was upset because they wouldn't let his submarine dock.
Even with the change, the Police Department still stopped him. They said the front of the flyer was still advertising, even without the price. Chrestensen felt he was losing money because of this. He believed his rights were being violated under the Fourteenth Amendment.
Taking the Case to Court
Chrestensen sued the city. A lower court, the Second Circuit Court of Appeals, agreed with him. They said he should be allowed to hand out his flyers. But Commissioner Valentine disagreed and asked the Supreme Court to review the case.
The Supreme Court's Decision
What the Court Said
The Supreme Court looked at the case and disagreed with the lower court. They decided that even though governments can't stop people from speaking freely in public, they can control purely commercial advertising.
Justice Owen Roberts wrote the main opinion for the Court. He explained that it was up to the government to decide if an activity, like advertising, was getting in the way of people using the streets freely. The Court also felt that Chrestensen only added the protest to his flyer to try and get around the city's rule. Because of this, it didn't make his flyer protected speech.
What Happened After?
Valentine v. Chrestensen was the first big case about "commercial speech" and how much protection it had. However, this ruling was later changed. In 1976, another Supreme Court case, Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, overturned the decision in Valentine v. Chrestensen. This new ruling gave more protection to commercial speech under the First Amendment.
