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1939 United States Supreme Court case
Hague v. Committee for Industrial Organization Full case name Frank Hague, Mayor, et al. v. Committee for Industrial Organization, et al. Citations 307 U.S. 496 (more 59 S. Ct. 954; 83
L. Ed. 1423; 1939
U.S. LEXIS 1067; 1 Lab. Cas. (
CCH ) ¶ 17,048; 4 L.R.R.M. 501
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. The Court held that Hague's ban on political meetings violated the First Amendment right to freedom of assembly , and so the ordinances were void.
Chief Justice
Charles E. Hughes
Associate Justices
James C. McReynolds · Pierce Butler Harlan F. Stone · Owen Roberts Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas
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. U.S. Const. amend. I
Hague v. Committee for Industrial Organization US labor law case decided by the United States Supreme Court .
In Jersey City , New Jersey , Mayor Frank Hague had in 1937 used a city ordinance to prevent labor meetings in public places and stop the distribution of literature pertaining to the Committee 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 and circuit courts ruled in favor of the CIO, which brought the suit against the mayor for these actions and which was represented by Morris L. Ernst , Spaulding Frazer , Lee Pressman and Benjamin Kaplan . Hague appealed to the Supreme Court which ruled against him and held that Hague's ban on political meetings violated the First Amendment right to freedom of assembly , and so the ordinances were void.
This case brought forth the public 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 the 14th 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.
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitement sedition Defamation andfalse speech Fighting words andheckler's veto True threats Obscenity
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Strict scrutiny Overbreadth Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech
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Organizations Future Conduct Solicitation Membership restriction Primaries and elections
Works related to Hague v. CIO at Wikisource
