BURGER, C.J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

408 U.S. 92

Police Department of the City of Chicago v. Mosley

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

MR. CHIEF JUSTICE BURGER, concurring.

I join the Court's opinion, but with the reservation that some of the language used in the discussion of the First [p103] Amendment could, if read out of context, be misleading. Numerous holdings of this Court attest to the fact that the First Amendment does not literally mean that we "are guaranteed the right to express any thought, free from government censorship." This statement is subject to some qualifications, as for example those of Roth v. United States, 354 U.S. 476 (1957); Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). See also New York Times Co. v. Sullivan, 376 U.S. 254 (1964).