Arvo W. Kannisto and the San Francisco Police Officers Association v. The City and County of San Francisco, a Municipal Corporation , 541 F.2d 841 ( 1976 )

SNEED, Circuit Judge

(concurring):

I concur in Judge Wright’s opinion.

This case presents an almost classic confrontation between the need to establish and maintain the efficiency of a particular activity of the state and the values of free speech protected by the First Amendment. The Constitution does not prohibit an accommodation of these interests. Nor should an accommodation in most instances require the intervention of the slow and somewhat ponderous federal judiciary. A society which accepts no accommodation save that mandated by a federal court is neither strong nor happy. Moreover, such reliance on the federal courts slowly saps their strength. Inevitably they become but another suspect mediative institution indistinguishable from those they supplanted. We have not reached that point as yet. Being required to intervene in cases such as this, however, contributes little to our avoidance of this fate.