.

[109] Terminiello _v._ Chicago, 337 U.S. 1 (1949).

[110] Ibid. 4.

[111] Ibid. 33. Dissenting opinions were written by Chief Justice
Vinson, Justice Frankfurter (with whom Justices Jackson and Burton
concurred) and Justice Jackson, (with whom Justice Burton agreed).

[112] 340 U.S. 315 (1951).

[113] Ibid. 319-320. Anent this finding, Justice Douglas, in his
dissent, declared that: "Public assemblies and public speech occupy an
important role in American life. One high function of the police is to
protect these lawful gatherings so that the speakers may exercise their
constitutional rights. When unpopular causes are sponsored from the
public platform, there will commonly be mutterings and unrest and
heckling from the crowd. * * * But those extravagances * * *, do not
justify penalizing the speaker by depriving him of the platform or by
punishing him for his conduct. * * * If * * * the police throw their
weight on the side of those who would break up the meetings, the police
become the new censors of speech. Police censorship has all the vices of
the censorship from city halls which we have repeatedy [sic] struck
down."--Ibid. 330-331.

[114] 333 U.S. 507 (1948).

[115] Ibid. 514-515.

[116] Musser _v._ Utah, 333 U.S. 95 (1948).

[117] Ibid. 101. This dissent probably marks the climax of the clear and
present danger doctrine.

"On March 20, 1949, members of the Vice Squad of the Philadelphia Police
Department, at the direction of Inspector Craig Ellis, head of the Vice
Squad, commenced a series of mass raids upon book stores and booksellers
in Philadelphia. Inspector Ellis gave his men a list of books that in
his opinion were obscene, and directed them to seize the books wherever
found. Fifty-four booksellers were raided, and nearly twelve hundred
copies of the books were confiscated.

"These raids were remarkable not only because of the scale on which they
were conducted, but in several other respects. First, they were directed
in major part against books written by authors in the forefront of
American literature and published by some of the leading publishers in
America. Second, the raids were conducted and the books were confiscated
without warrants of search or seizure or court order of any kind. Third,
the list of books to be seized was compiled by Inspector Ellis and a
patrolman in his office, without consultation with the District
Attorney's office or the obtaining of any legal opinion as to whet