Hague v. Committee for Industrial Organization

Last updated
Hague v. Committee for Industrial Organization
Seal of the United States Supreme Court.svg
Argued February 27–28, 1939
Decided June 5, 1939
Full case nameFrank Hague, Mayor, et al. v. Committee for Industrial Organization, et al.
Citations307 U.S. 496 ( more )
59 S. Ct. 954; 83 L. Ed. 1423; 1939 U.S. LEXIS 1067; 1 Lab. Cas. (CCH) ¶ 17,048; 4 L.R.R.M. 501
Case history
PriorCertiorari to the Circuit Court of Appeals for the Third Circuit. Certiorari, 306 U.S. 624, to review a decree which modified and affirmed a decree of injunction, 25 F.2d 127, in a suit brought by individuals, unincorporated labor organizations, and a membership corporation, against officials of a municipality to restrain alleged violations of constitutional rights of free speech and of assembly.
Holding
The Court held that Hague's ban on political meetings violated the First Amendment right to freedom of assembly, and so the ordinances were void.
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
James C. McReynolds  · Pierce Butler
Harlan F. Stone  · Owen Roberts
Hugo Black  · Stanley F. Reed
Felix Frankfurter  · William O. Douglas
s
ConcurrenceRoberts, joined by Black
ConcurrenceStone, joined by Reed
ConcurrenceHughes
DissentMcReynolds
DissentButler
Frankfurter and Douglas took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I

Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939), is a US labor law case decided by the United States Supreme Court.

Contents

Facts

In Jersey City, New Jersey, Mayor Frank Hague had in 1937 used a city ordinance to prevent labor meetings in public places and stop the distribution of literature pertaining to the Committee for Industrial Organization's cause. He referred to the CIO as "communist."

“Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens” (Justice Roberts).

Judgment

District and circuit courts ruled in favor of the CIO, which brought the suit against the mayor for these actions and which was represented by Morris L. Ernst, Spaulding Frazer, Lee Pressman and Benjamin Kaplan. Hague appealed to the Supreme Court which ruled against him and held that Hague's ban on political meetings violated the First Amendment right to freedom of assembly, and so the ordinances were void.

This case brought forth the public forum to the Supreme Court, and is used as a tool for many other cases dealing with First Amendment Rights/ public forum issues. It took a long time after the 14th Amendment was adopted (1866) and ratified (1868) before the Supreme Court began to use it to assert individual rights against State and local Governments; which amplified the right to peacefully assemble and fight for freedom of speech.

See also

Notes

    Related Research Articles

    <span class="mw-page-title-main">American Civil Liberties Union</span> Legal advocacy organization in the United States

    The American Civil Liberties Union (ACLU) is an American nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

    Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

    Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Prior to this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.

    <span class="mw-page-title-main">Lee Pressman</span> American lawyer

    Lee Pressman was a labor attorney and earlier a US government functionary, publicly alleged in 1948 to have been a spy for Soviet intelligence during the mid-1930s, following his recent departure from Congress of Industrial Organizations (CIO) as a result of its purge of Communist Party members and fellow travelers. From 1936 to 1948, he represented the CIO and member unions in landmark collective bargaining deals with major corporations including General Motors and U.S. Steel. According to journalist Murray Kempton, anti-communists referred to him as "Comrade Big."

    In the United States Senate, the La Follette Civil Liberties Committee, or more formally, Committee on Education and Labor, Subcommittee Investigating Violations of Free Speech and the Rights of Labor (1936–1941), began as an inquiry into a National Labor Relations Board (NLRB) investigation of methods used by employers in certain industries to avoid collective bargaining with unions.

    In United States constitutional law, a forum is a property that is open to public expression and assembly.

    United States v. Congress of Industrial Organizations, 335 U.S. 106 (1948), is a US labor law decision by the United States Supreme Court, which held that a labor union's publication of a statement that advocated for its members to vote for a certain candidate for Congress did not violate the Federal Corrupt Practices Act, as amended by the 1947 Labor Management Relations Act.

    Saia v. New York, 334 U.S. 558 (1948), was a case in which the Supreme Court of the United States held that an ordinance which prohibited the use of sound amplification devices except with permission of the Chief of Police was unconstitutional on its face because it established a prior restraint on the right of free speech in violation of the First Amendment.

    <span class="mw-page-title-main">Constitution of Mauritania</span>

    The current Constitution of Mauritania was adopted on 12 July 1991. There have been several constitutions since Mauritania's independence in 1960.

    Keller v. State Bar of California, 496 U.S. 1 (1990), was a case in which the Supreme Court of the United States held that attorneys who are required to be members of a state bar association have a First Amendment right to refrain from subsidizing the organization’s political or ideological activities.

    Coates v. City of Cincinnati, 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and “annoy” any passersby was unconstitutionally vague. Dennis Coates participated in a protest along with four other unnamed students, all of whom were convicted of violating the city ordinance. Coates appealed to the Ohio Supreme Court, which upheld the conviction. However, this conviction was overturned in the divided United States Supreme Court decision. The Court found that the ordinance was unconstitutionally vague and violated the First Amendment freedom of assembly.

    The United Federal Workers of America (UFWA) was an American labor union representing federal government employees which existed from 1937 to 1946. It was the first union with this jurisdiction established by the Congress of Industrial Organizations. In 1946 it merged with other unions to form the influential United Public Workers of America. The union challenged the constitutionality of the Hatch Act of 1939, which led to the Supreme Court decision in United Public Workers v. Mitchell, 330 U.S. 75 (1947).

    History of labor law in the United States refers to the development of United States labor law, or legal relations between workers, their employers and trade unions in the United States of America.

    United Public Workers v. Mitchell, 330 U.S. 75 (1947), is a 4-to-3 ruling by the United States Supreme Court which held that the Hatch Act of 1939, as amended in 1940, does not violate the First, Fifth, Ninth, or Tenth amendments to U.S. Constitution.

    Frisby v. Schultz, 487 U.S. 474 (1988), was a case in which the Supreme Court of the United States upheld the ordinance by the town of Brookfield, Wisconsin, preventing protest outside of a residential home. In a 6–3 decision, the Court ruled that the First Amendment rights to freedom of assembly and speech was not facially violated. The majority opinion, written by Justice Sandra Day O'Connor, concluded that the ordinance was constitutionally valid because it was narrowly tailored to meet a "substantial and justifiable" interest in the state; left open "ample alternative channels of communication"; and was content-neutral.

    <span class="mw-page-title-main">Politics of France</span> Political system of France

    The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".

    <span class="mw-page-title-main">Congress of Industrial Organizations</span> North American federation of labor unions from 1935 to 1955

    The Congress of Industrial Organizations (CIO) was a federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. Originally created in 1935 as a committee within the American Federation of Labor (AFL) by John L. Lewis, a leader of the United Mine Workers (UMW), and called the Committee for Industrial Organization. Its name was changed in 1938 when it broke away from the AFL. It focused on organizing unskilled workers, who had been ignored by most of the AFL unions.

    Heffernan v. City of Paterson, 578 U.S. ___ (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even if the employee did not exercise such a constitutional right.

    Perry Education Association v. Perry Local Educators' Association, 460 U.S. 37 (1983), was a United States Supreme Court decision concerning free speech rights on government-owned property. The Court ruled that teacher mailboxes and the use of a school mail delivery system are a nonpublic forum, and upheld a policy that allowed the union representing the teachers, but not other employee organizations, to use the district's mail system.

    Carey v. Brown, 447 U.S. 455 (1980), is a decision of the United States Supreme Court dealing with freedom of speech under the First Amendment. A law passed by the state of Illinois had banned picketing in front of residences, but it had made an exception for labor disputes. A group of activists challenged the law after being convicted for protesting in front of the home of the mayor of Chicago regarding a lack of racial integration. The Court found that the law's distinction–based on the subject matter of a protest–was unjustified and unconstitutional.