[148] Kovacs v. Cooper, 336 U.S. 77 (1949).
[149] Public Utilities Commission v. Pollak, 343 U.S. 451 (1952). The decision overruled the United States Court of Appeals for the District of Columbia. Here Judge Edgerton, speaking for himself and two associates, said: "Exploitation of this audience through assault on the unavertible sense of hearing is a new phenomenon. It raises 'issues that were not implied in the means of communication known or contemplated by Franklin and Jefferson and Madison.' But the Bill of Rights, as appellants say in their brief, can keep up with anything an advertising man or an electronics engineer can think of. * * *
"If Transit obliged its passengers to read what it liked or get off the car, invasion of their freedom would be obvious. Transit obliges them to hear what it likes or get off the car. Freedom of attention, which forced listening destroys, is a part of liberty essential to individuals and to society. The Supreme Court has said that the constitutional guarantee of liberty 'embraces not only the right of a person to be free from physical restraint, but the right to be free in the enjoyment of all his faculties * * *.' One who is subjected to forced listening is not free in the enjoyment of all his faculties." He quoted with approval Justice Reed's statement in Kovacs v. Cooper, "The right of free speech is guaranteed every citizen that he may reach the minds of willing listeners."—191 F. 2d 450, 456 (1951).
[150] Lovell v. Griffin, 303 U.S. 444 (1938); Schneider v. State, 308 U.S. 147 (1939); Largent v. Texas, 318 U.S. 418 (1943).
[151] Schneider v. State, 308 U.S. 147 (1930); Jamison v. Texas, 318 U.S. 413 (1943).
[152] Marsh v. Alabama, 326 U.S. 501 (1946).
[153] Tucker v. Texas, 326 U.S. 517 (1946).
[154] Valentine v. Chrestensen, 316 U.S. 52 (1942).
[155] Martin v. Struthers, 319 U.S. 141 (1943).
[156] Breard v. Alexandria, 341 U.S. 622 (1951).