| Hague v. Committee for Industrial Organization | |
|---|---|
 | |
| Argued February 27–28, 1939 Decided June 5, 1939 | |
| Full case name | Frank Hague, Mayor, et al. v. Committee for Industrial Organization, et al. |
| Citations | 307U.S.496 (more) |
| Case history | |
| Prior | Certiorari to the Circuit Court of Appeals for the Third Circuit. Certiorari, 306 U.S. 624, to review a decree which modified and affirmed a decree of injunction, 25 F.2d 127, in a suit brought by individuals, unincorporated labor organizations, and a membership corporation, against officials of a municipality to restrain alleged violations of constitutional rights of free speech and of assembly. |
| Holding | |
| The Court held that Hague's ban on political meetings violated theFirst Amendment right tofreedom of assembly, and so the ordinances were void. | |
| Court membership | |
| |
| s | |
| Concurrence | Roberts, joined by Black |
| Concurrence | Stone, joined by Reed |
| Concurrence | Hughes |
| Dissent | McReynolds |
| Dissent | Butler |
| Frankfurter and Douglas took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. I | |
Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939), is aUS labor law case decided by theUnited States Supreme Court.
InJersey City,New Jersey,MayorFrank Hague had in 1937 used a cityordinance to prevent labor meetings in public places and stop the distribution of literature pertaining to theCommittee for Industrial Organization's cause. He referred to the CIO as "communist."
“Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens” (Justice Roberts).
District andcircuit courts ruled in favor of the CIO, which brought the suit against the mayor for these actions and which was represented byMorris L. Ernst,Spaulding Frazer,Lee Pressman andBenjamin Kaplan. Hague appealed to theSupreme Court which ruled against him and held that Hague's ban on political meetings violated theFirst Amendment right tofreedom of assembly, and so the ordinances were void.
This case brought forth thepublic forum to the Supreme Court, and is used as a tool for many other cases dealing with First Amendment Rights/ public forum issues. It took a long time after the14th Amendment was adopted (1866) and ratified (1868) before the Supreme Court began to use it to assert individual rights against State and local Governments; which amplified the right to peacefully assemble and fight for freedom of speech.
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