Schneider v. State (1939)

Facts:
Five months after deciding the Hague case, the Supreme Court bolstered the plurality opinion of Justice Roberts from Hague. In Schneider v. State, the Court struck down ordinances from four cities which prohibited the distribution of all types of flyers and handbills on the public streets.

By a vote of 8-1, the Court supported the concept of open streets.

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Cox v. New Hampshire (1941)

Having decided in Hague and Schneider that public places must be open to citizens for assembly and expression, in 1941, the Court faced the issue of the permissibility of requiring a permit and charging a fee to cover city expenses. The case started when a group of Jehovah's Witnesses, in Manchester, New Hampshire, paraded without a permit even though they knew that state law required one.

USSC Ruling: Upheld the state in a 9-0 decision.

Reasoning: Chief Justice Hughes

• The law was applied only to considerations of time, place, and manner, to conserve the public convenience.
• The fee ($300) was nominal and not excessive.

The USSC finally overturned Davis in 1943 in Jamison v. Texas.