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DeJonge v. Oregon (Doc. #: 123) (1937)  [Findlaw]

Secondary Link DeJonge v. Oregon  [Legal Information Institute]
Argument Date 12/09/1936
Decided 1/4/1937
Supreme Court Vote 8-0
Note This was the first case in which the Court declared that the right to peaceful assembly is protected by the 14th Amendment as against the states.
IssueWhether, consistent with the First and Fourteenth Amendments, mere participation in a meeting called by the Communist Party can be criminalized.
Case Summary & Additional Resources
Majority Opinion Hughes, C.J. (Stone, J., not participating)
Lower Court Oregon Supreme Court
Lower Court Ruling First Amendment claim denied.
For Petitioner
Osmond K. Fraenkel, of New York City

For Respondent
Maurice E. Tarshis, Dep. Dist. Atty., of Portland, Oregon

Opinion - Lower Court
State v. DeJonge, 152 Or. 315, 51 P.2d 674 (Or. 1935) [LEXISNEXIS]

"Decisions Are Due on 5 Major Cases," The New York Times, Jan. 2, 1937, p. 6
"Liberties Union Hails Court Aid of Labor Rights," The Washington Post, July 12, 1937, p. 2
"Supreme Court Justices Question Closely Oregon's Argument in Communist's Appeal," The New York Times, Dec. 10, 1936, p. 13
Chafee, Zechariah, FREE SPEECH IN THE UNITED STATES (1948), pp. 384-388, 416, 429, 471 (secondary authorities collected on p. 384, n. 34)
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 108-110
Friendly, Fred& Elliott, Martha, "Protecting 'The Thought We Hate,'" in THE CONSTITUTION: THAT DELICATE BALANCE (1984), pp. 68-88
Kalven, Jr., Harry, A WORTHY TRADITION (1988), pp. 123, 175, 177, 183, 244-245
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