Hague v. C.I.O. 1939

Facts: The CIO challenged a Jersey City, NJ, ordinance requiring a permit for all meetings in public places. Mayor Frank "I Am The Law" Hague, used the ordinance to stifle labor union organizers. Hague based his action on the 1897 Supreme Court ruling in Davis v. Massachusetts, the Boston Common case, which, he argued, gave the city absolute discretion over the use of public places. The district and circuit courts ruled in favor of the CIO and Hague appealed to the U.S. Supreme Court.

Substantive Issue:
Does it violate the First Amendment when a city prohibits expression in public places?

USSC Ruling: CIO wins, 5 (3-2) - 2 Plurality by Roberts

Reasoning:

• Streets, parks, and other similar public places belong to the citizens.
• Expression of ideas in public places may be regulated through the use of non-discriminatory, content-neutral, time, place, and manner regulations--but expression cannot be prohibited.