Heckler's veto

A heckler's veto occurs when an acting party's right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's behavior. The common example is the termination of a speech or demonstration in the interest of maintaining the public peace based on the anticipated negative reaction of someone opposed to that speech or demonstration. The term was coined by University of Chicago professor of law Harry Kalven.

In common parlance, the term is used to describe situations where hecklers or demonstrators silence a speaker without intervention of the law.

In the United States, case law regarding the heckler's veto is mixed. Most findings say that the acting party's actions cannot be pre-emptively stopped due to fear of heckling by the reacting party, but in the immediate face of violence, authorities can force the acting party to cease their action in order to satisfy the hecklers.

The best known case involving the heckler's veto is probably Feiner v. New York, handed down by the Supreme Court in 1951. Chief Justice Fred M. Vinson, writing for the majority, held that police officers acted within their power in arresting a speaker if the arrest was "motivated solely by a proper concern for the preservation of order and protection of the general welfare". 340 U.S. 315.

In Gregory v. Chicago, Justice Hugo Black, in a concurring opinion, argued that arresting demonstrators as a consequence of unruly behavior of by-standers would amount to a heckler's veto.

It was rejected in Hill v. Colorado, where the Supreme Court rejected the "Heckler's Veto," finding "governmental grants of power to private actors" to be "constitutionally problematic" in cases where "the regulations allowed a single, private actor to unilaterally silence a speaker"

Heckler's veto is often used outside a strict legal context. One example is an article by Nat Hentoff in which he claims that "First Amendment law is clear that everyone has the right to picket a speaker, and to go inside the hall and heckle him or her—but not to drown out the speaker, let alone rush the stage and stop the speech before it starts. That's called the 'heckler's veto'."

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