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
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 the First Amendment right to freedom of assembly, and so the ordinances were void.
“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).
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.
