De Jonge v. Oregon

E176633

De Jonge v. Oregon is a 1937 U.S. Supreme Court case that held the right to peaceful assembly is a fundamental liberty protected by the Due Process Clause of the Fourteenth Amendment and thus applies to the states.

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Statements (48)

Predicate Object
instanceOf First Amendment case
Fourteenth Amendment case
U.S. Supreme Court case
landmark decision
appliedToStatesThrough Due Process Clause
surface form: Due Process Clause of the Fourteenth Amendment
areaOfLaw First Amendment jurisprudence
civil liberties
constitutional law
arguedDate 1936-12-09
citation 299 U.S. 353
constitutionalProvisionInvolved First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1937-01-04
decisionType unanimous decision
doctrine incorporation of the freedom of assembly against the states
era Hughes Court
factualBackground Dirk De Jonge was convicted for speaking at a peaceful public meeting held under the auspices of the Communist Party in Portland, Oregon
fullName De Jonge v. Oregon self-linksurface differs
surface form: De Jonge v. State of Oregon
holding A state may not make participation in a peaceful public meeting a crime merely because the meeting is held under the auspices of a group that advocates or teaches criminal syndicalism
The right of peaceable assembly is a fundamental right protected by the Due Process Clause of the Fourteenth Amendment and is applicable to the states
jurisdiction United States of America
surface form: United States
keyword civil rights
criminal syndicalism
incorporation doctrine
peaceable assembly
political dissent
legalIssue whether the right of peaceable assembly is protected against state infringement by the Fourteenth Amendment
opinionBy Chief Justice Charles Evans Hughes
page 353
petitioner Dirk De Jonge
principle Guilt is personal and may not be imposed solely because of association with a group
Peaceable assembly for lawful discussion cannot be made a crime
priorHistory De Jonge v. Oregon self-linksurface differs
surface form: State v. De Jonge, 152 Or. 315, 53 P.2d 1078 (1936)
relatedCase Gitlow v. New York
Hague v. CIO
NAACP v. Alabama
Whitney v. California
relatedOrganization Communist Party USA
surface form: Communist Party
reporter United States Reports
respondent Oregon
surface form: State of Oregon
result Oregon conviction of Dirk De Jonge reversed
rightRecognized freedom of assembly
freedom of speech
stateLawChallenged Oregon criminal syndicalism statute
volume 299
vote 9-0

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Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Assembly Clause usedInCase De Jonge v. Oregon
De Jonge v. Oregon fullName De Jonge v. Oregon self-linksurface differs
this entity surface form: De Jonge v. State of Oregon
De Jonge v. Oregon priorHistory De Jonge v. Oregon self-linksurface differs
this entity surface form: State v. De Jonge, 152 Or. 315, 53 P.2d 1078 (1936)