Gregory v. City of Chicago

Last updated
Gregory v. Chicago
Seal of the United States Supreme Court.svg
Argued December 10, 1968
Decided March 10, 1969
Full case name Dick Gregory, et al. v. City of Chicago
Citations394 U.S. 111 ( more )
89 S. Ct. 946; 22 L. Ed. 2d 134; 1969 U.S. LEXIS 2295
Case history
Prior Certiorari to the Supreme Court of Illinois, 39 Ill. 2d 47, 233 N.E.2d 422 (1968)
Holding
Gregory and others were improperly convicted of disorderly conduct based on the disorderly behavior of bystanders to their First Amendment-protected demonstration.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
John M. Harlan II  · William J. Brennan Jr.
Potter Stewart  · Byron White
Abe Fortas  · Thurgood Marshall
Case opinions
MajorityWarren, joined unanimously
ConcurrenceBlack, joined by Douglas
ConcurrenceHarlan
Laws applied
U.S. Const. amends. I, XIV

Gregory v. Chicago, 394 U.S. 111 (1969), was a United States Supreme Court case in which the Court overturned the disorderly conduct charges against Dick Gregory and others for peaceful demonstrations in Chicago. [1]

Contents

Background

Social activists, including comedian Dick Gregory, protested against school segregation in Chicago, Illinois. Twelve years earlier, in Brown v. Board of Education , the U.S. Supreme Court ruled school segregation unconstitutional. The protesters marched from Chicago's city hall to the mayor's residence. After the march concluded, bystanders began to act unruly, and police asked the protesters to disperse. The protesters did not disperse and were consequently arrested, and subsequently convicted by a jury, of violating Chicago's disorderly conduct ordinance. The protesters appealed to the Illinois Supreme Court. That court upheld their conviction, holding that the protesters' refusal to obey the police order justified the convictions. [2] Aided by the ACLU, the protesters appealed to the US Supreme Court.

Opinion of the Court

The US Supreme Court, in a unanimous decision, overturned the conviction for several reasons:

Justice Hugo Black, in a concurring opinion, argued that arresting demonstrators as a consequence of unruly behavior of bystanders would amount to a "heckler's veto." [3]

See also

Related Research Articles

Chicago Seven Protestors opposed to the Vietnam War

The Chicago Seven, originally the Chicago Eight and also known as the Conspiracy Eight or Conspiracy Seven, were seven defendants—Rennie Davis, David Dellinger, John Froines, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Lee Weiner—charged by the United States federal government with conspiracy, crossing state lines with intent to incite a riot, and other charges related to anti-Vietnam War and 1960s counterculture protests in Chicago, Illinois, during the 1968 Democratic National Convention. The Chicago Eight became the Chicago Seven after the case against co-defendant Bobby Seale was declared a mistrial.

Texas v. Johnson, 491 U.S. 397 (1989), was a landmark decision of the Supreme Court of the United States in which the Court held, 5–4, that burning the American flag was protected speech under the First Amendment to the Constitution, as doing so counts as symbolic speech and political speech. In the case, activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law. Justice William Brennan wrote for the five-justice majority that Johnson's flag burning was protected under the freedom of speech, and therefore the state could not censor Johnson nor punish him for his actions.

Hecklers veto Censorship excused as preventing a future negative reaction

In the United States, a heckler's veto is a situation in which a party who disagrees with a speaker's message is able to unilaterally trigger events that result in the speaker being silenced.

Stanley v. Georgia, 394 U.S. 557 (1969), was a U.S. Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.

<i>Powell v. State</i>

Powell v. State of Georgia, S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (1998), was a decision of the Supreme Court of Georgia in the U.S. state of Georgia that overturned its law against sodomy within the state. The Court ruled that the Georgia Constitution granted a right to privacy, and that outlawing oral or anal sex between consenting adults was a violation of the state constitution, thus deeming it "unconstitutional".

Stromberg v. California, 283 U.S. 359 (1931), was a landmark decision of the Supreme Court of the United States in which the Court held, 7–2, that a California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution. In the case, Yetta Stromberg was convicted for displaying a red flag daily in the youth camp for children at which she worked, and was charged in accordance with California law. Chief Justice Charles Hughes wrote for the seven-justice majority that the California statute was unconstitutional, and therefore Stromberg's conviction could not stand.

Cheek v. United States, 498 U.S. 192 (1991), was a United States Supreme Court case in which the Court reversed the conviction of John L. Cheek, a tax protester, for willful failure to file tax returns and tax evasion. The Court held that an actual good-faith belief that one is not violating the tax law, based on a misunderstanding caused by the complexity of the tax law, negates willfulness, even if that belief is irrational or unreasonable. The Court also ruled that an actual belief that the tax law is invalid or unconstitutional is not a good faith belief based on a misunderstanding caused by the complexity of the tax law, and is not a defense.

Feiner v. New York, 340 U.S. 315 (1951), was a United States Supreme Court case involving Irving Feiner's arrest for a violation of section 722 of the New York Penal Code, "inciting a breach of the peace," as he addressed a crowd on a street.

Papachristou v. Jacksonville, 405 U.S. 156 (1972), was a United States Supreme Court case resulting in a Jacksonville vagrancy ordinance being declared unconstitutionally vague. The case was argued on December 8, 1971, and decided on February 24, 1972. The respondent was the city of Jacksonville, Florida.

Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9–3 did not violate due process or equal protection under the Fourteenth Amendment.

Hale v. Kentucky, 303 U.S. 613 (1938), was a United States Supreme Court case relating to racial discrimination in the selection of juries for criminal trials. The case overturned the conviction of an African American man accused of murder because the lower court of Kentucky had systematically excluded African Americans from serving on the jury in the case. NAACP counsel, including Charles H. Houston, Leon A. Ransom and Thurgood Marshall, represented Hale.

Street v. New York, 394 U.S. 576 (1969), was a United States Supreme Court case in which the Court held that a New York state law making it a crime "publicly [to] mutilate, deface, defile, or defy, trample upon, or cast contempt upon either by words or act [any flag of the United States]" was, in part, unconstitutional because it prohibited speech against the flag. The Court left for a later day the question of whether it is constitutional or unconstitutional to prohibit, without reference to the utterance of words, the burning of the flag.

Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.

Samuel Wilbert Tucker American lawyer and civil rights activist (1913–1990)

Samuel Wilbert Tucker was an American lawyer and a cooperating attorney with the National Association for the Advancement of Colored People (NAACP). His civil rights career began as he organized a 1939 sit-in at the then-segregated Alexandria, Virginia public library. A partner in the Richmond, Virginia, firm of Hill, Tucker and Marsh, Tucker argued and won several civil rights cases before the Supreme Court of the United States, including Green v. County School Board of New Kent County which, according to The Encyclopedia of Civil Rights In America, "did more to advance school integration than any other Supreme Court decision since Brown."

Frazier v. Cupp, 394 U.S. 731 (1969), was a United States Supreme Court case that affirmed the legality of deceptive interrogation tactics.

Smith v. Goguen, 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.

Hess v. Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case involving the First Amendment that reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio (1969). Hess is still cited by courts to protect speech threatening future lawless action.

Ramos v. Louisiana, 590 U.S. ___ (2020), was a U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment to the U.S. Constitution requires that guilty verdicts for criminal trials be unanimous. Only cases in Oregon were affected by the ruling because every other state already had this requirement. The decision incorporated the Sixth Amendment requirement for unanimous jury criminal convictions against the states, and thereby overturned the Court's previous decision from the 1972 case Apodaca v. Oregon and Johnson v. Louisiana.

Edwards v. Vannoy, 593 U.S. ___ (2021), was a United States Supreme Court case involving the Court's prior decision in Ramos v. Louisiana, 590 U.S. ___ (2020), which had ruled that jury verdicts in criminal trials must be unanimous under the Sixth Amendment to the U.S. Constitution. The Supreme Court ruled 6–3 that Ramos did not apply retroactively to earlier cases prior to their verdict in Ramos.

Peterson v. City of Greenville, 373 U.S., was a United States Supreme Court case that maintained the illegality of race-based segregation in public places. Ten African American student protesters were arrested and convicted in Greenville, South Carolina for attempting to purchase food at an S.H. Kress lunch counter. After the African American students arrived at the restaurant and sat at the lunch counter, the manager abruptly closed the store and instructed the protesters to leave. The manager and police argued that the protesters violated a state trespassing ordinance and were not arrested because of their race. While the Supreme Court of South Carolina maintained the students' guilt, the United States Supreme Court reversed the decision, citing that a "violation of the Fourteenth Amendment cannot be saved by attempting to separate the mental urges of the discriminators."

References

  1. Gregory v. City of Chicago, 394 U.S. 111 (1969). PD-icon.svg This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the United States.
  2. City of Chicago v. Gregory, 392d 47, 233 N.E.2d 422 (1968).
  3. The Heckler's Veto: A Reexamination