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Communication Quote by Potter Stewart

“The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it's invalid on its face.” quote by Potter Stewart
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“The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it's invalid on its face.”

Potter Stewart

About This Quote

Source Supreme Court Opinion, 1972, United States v. O'Brien

Even if a law requires a permit for speech, it can be ignored if the law itself is unconstitutional.

In simple terms: Unconstitutional speech permits are invalid.

Key Takeaway

Challenge laws that violate constitutional rights.

Themes

law civil liberties constitution

Mood

cautious empowering

Type

legal political

When to use this quote

  • protests
  • public speaking
  • religious gatherings
  • political rallies

Key Concepts

First Amendment jurisprudence

Questions to Reflect On

  • When should individuals risk defying a law?
  • How to identify unconstitutional statutes?
A Different Perspective

The statement assumes all courts will recognize the invalidity promptly.

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