In re Kay

*934 Opinion

Petitioners James Caswell, 1 Thomas Patrick Kay, Alfred Figueroa, and Raul Loya were convicted by a jury of disturbing a lawful meeting, a misdemeanor, in violation of section 403 of the Penal Code. Petitioners appealed to the appellate department of the superior court, which affirmed their conviction. The appellate department, at petitioners’ request, certified the case to the Court of Appeal. The Court of Appeal refused certification. Petitioners, who had been sentenced to four months in jail, 2 then sought a writ of habeas corpus from this court, claiming that *935 their convictions violated the guarantees of free speech and due process of law in the federal and state Constitutions. We issued an order to show cause, and ordered petitioners released on their own recognizance pending our determination of this proceeding.

We now conclude that petitioners’ conduct does not fall within the constitutionally compelled meaning of section 403, and that the writ should therefore issue.

I. The Facts

City officials scheduled a celebration of Independence Day for July 4, 1968, in Dateland Park in the City of Coachella. They invited as a speaker, among others, Congressman…

I dissent. I would deny the writ.