Dirk De Jonge was convicted for speaking at a peaceful public meeting held under the auspices of the Communist Party in Portland, Oregon
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De Jonge v. Oregon is a landmark 1937 U.S. Supreme Court case that held states cannot criminalize peaceful assembly and political association, reinforcing First Amendment protections through the Fourteenth Amendment.
Observed surface forms (2)
| Surface form | Occurrences |
|---|---|
| De Jonge v. Oregon | 0 |
| Dirk De Jonge | 0 |
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
U.S. Supreme Court case
ⓘ
landmark First Amendment case ⓘ person ⓘ |
| activityLeadingToArrest | speaking at a peaceful public meeting in Portland, Oregon ⓘ |
| areaOfLaw |
First Amendment law
ⓘ
civil liberties ⓘ constitutional law ⓘ |
| citation | 299 U.S. 353 ⓘ |
| constitutionalProvision |
First Amendment to the United States Constitution
NERFINISHED
ⓘ
Fourteenth Amendment to the United States Constitution NERFINISHED ⓘ |
| convictedUnder | Oregon criminal syndicalism statute NERFINISHED ⓘ |
| convictionStatusAfterAppeal | reversed by the U.S. Supreme Court in De Jonge v. Oregon ⓘ |
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1937-01-04 ⓘ |
| doctrine | First Amendment freedoms are fundamental and safeguarded by the Fourteenth Amendment from state infringement ⓘ |
| factPattern | Dirk De Jonge was arrested and convicted for speaking at a peaceful public meeting held under the auspices of the Communist Party in Portland, Oregon NERFINISHED ⓘ |
| fullName | Dirk De Jonge v. State of Oregon NERFINISHED ⓘ |
| historicalContext | Red Scare–era criminal syndicalism prosecutions ⓘ |
| holding |
Participation in a peaceful public meeting called by the Communist Party cannot be punished under a criminal syndicalism statute solely because of the party’s advocacy
ⓘ
States cannot criminalize peaceful assembly for lawful discussion, even if held under the auspices of a political party such as the Communist Party ⓘ The right of peaceable assembly is a fundamental right protected against state infringement by the Due Process Clause of the Fourteenth Amendment ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalIssue |
freedom of assembly
ⓘ
freedom of speech ⓘ incorporation of the First Amendment ⓘ |
| locationOfEvents | Portland, Oregon NERFINISHED ⓘ |
| meetingOrganizer | Communist Party NERFINISHED ⓘ |
| opinionBy | Chief Justice Charles Evans Hughes NERFINISHED ⓘ |
| overturnedLaw | application of Oregon’s criminal syndicalism statute to peaceful assembly ⓘ |
| petitioner | Dirk De Jonge NERFINISHED ⓘ |
| precedentFor |
incorporation of freedom of assembly against the states
ⓘ
limits on state criminal syndicalism laws ⓘ protection of peaceful political meetings from state suppression ⓘ |
| relatedCase |
Gitlow v. New York
NERFINISHED
ⓘ
Hague v. CIO NERFINISHED ⓘ Stromberg v. California NERFINISHED ⓘ Whitney v. California NERFINISHED ⓘ |
| relatedRight |
freedom of expression
ⓘ
right to peaceable assembly ⓘ right to political association ⓘ |
| respondent | State of Oregon NERFINISHED ⓘ |
| resultForPetitioner | conviction reversed ⓘ |
| roleInCase | petitioner in De Jonge v. Oregon ⓘ |
| stateInvolved | Oregon NERFINISHED ⓘ |
| vote | unanimous decision ⓘ |
| yearDecided | 1937 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
De Jonge v. Oregon
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factualBackground
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Dirk De Jonge was convicted for speaking at a peaceful public meeting held under the auspices of the Communist Party in Portland, Oregon
ⓘ