Kovacs v. Cooper

In Kovacs v. Cooper (1949) 336 U.S. 77, police in Trenton, New Jersey, arrested Kovacs for using a sound truck to comment on a labor dispute then in progress in the city. The police charged Kovacs with violating a Trenton ordinance banning " 'any device known as a sound truck ... which emits therefrom loud and raucous noises ... .' " (Id. at p. 78.) The court upheld the constitutionality of the ordinance, concluding it constituted a content-neutral effort to prevent "nuisances well within the municipality's power to control." (Id. at pp. 82-83.) In Kovacs v. Cooper the United States Supreme Court held that the cost efficiency of sound trucks was not a reason to grant them constitutional protection. The court stated: "That more people may be more easily and cheaply reached by sound trucks, perhaps borrowed without cost from some zealous supporter, is not enough to call forth constitutional protection for what those charged with public welfare reasonably think is a nuisance when easy means of publicity are open." (Kovacs v. Cooper, supra, 336 U.S. at pp. 88-89.)