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Cox v New Hampshire (1941)
15
Transcript
Cox v New Hampshire (1941)
By: Justin Beyer
Citations
- "Cox v. New Hampshire." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Feb 11, 2016. <https://www.oyez.org/cases/1940-1955/312us569>
- https://supreme.justia.com/cases/federal/us/312/569/case.html
- http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-cox-v-new-hampshire
Decision
- Chief Justice Charles E. Hughes delivered the opinion for the unanimous Court. The court held that the state's ability to impose restrictions to create order and safety for its population does not effect the populations civil liberties. But the Statute in question only grants a town selectman or licensing board the limited authority to ensure that a proposed parade will not interfere with the proper uses of streets.
- This decision established the right of local governments to require a permit to conduct a parade or procession upon a public street. However, permit decisions had to be made according to uniform, nondiscriminatory standards based upon public convenience and safety to satisfy the Fourteenth Amendment.
Defendant
- The Jehovah's Witnesses group including Willis Cox, Walter Chaplinsky, John Konides challenged the New Hampshire law, saying that its provisions violated their First Amendment rights.
- Specifically, they challenged the fee attached to the permit as a means of suppressing their free speech and freedom of assembly rights
State
- A New Hampshire state statute prohibited parades, processions, and open-air gatherings in public spaces without a special license granted by the town selectman or licensing body.
- A New Hampshire town required that a license be obtained before parades could be held within the town. A group of Jehovah's Witnesses held a sidewalk parade without first obtaining the license and they were fined for violating the law.
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