This section contains the nature of the case and procedural background.

Cantwell (D), a Jehovah's Witness, played a religious record on a public sidewalk, denouncing other religions. D did not attempt to intimidate anyone into listening against his will and did not call for violence. He was neither noisy, truculent, nor offensive. D asked for permission to play the record with each person he interfaced with. His recording attacked all organized religion as an instrument of Satan. When people threatened him with harm, he peacefully moved down the street. No violence ever broke out. However, D was convicted of breaching the peace. D appealed.

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