De Jonge v. Oregon
299 U.S. 353 (1937)
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Rule of Law:
The Due Process Clause of the Fourteenth Amendment protects the fundamental right of peaceable assembly from state interference. A state cannot make it a crime to assist in the conduct of a peaceful public meeting held for a lawful purpose, even if the meeting is sponsored by an organization that advocates for unlawful doctrines elsewhere.
Facts:
- On July 27, 1934, Dirk De Jonge assisted in conducting a public meeting in Portland, Oregon.
- The meeting was held under the auspices of the Portland section of the Communist Party and was advertised as a protest against police raids and the shooting of striking longshoremen.
- De Jonge, a member of the Communist Party, spoke at the meeting, protesting jail conditions and police actions related to a maritime strike.
- The meeting was open to the public, conducted in an orderly and peaceful manner, and no criminal syndicalism or any other unlawful conduct was advocated by any speaker.
- While the meeting was in progress, police raided it and arrested De Jonge.
- The prosecution's evidence of the Communist Party's advocacy for criminal syndicalism was based on literature found elsewhere, not on any materials distributed or statements made at the meeting itself.
Procedural Posture:
- Dirk De Jonge was indicted in Multnomah County, Oregon, for violating the state's Criminal Syndicalism Law.
- At his trial in the state court of first instance, De Jonge's motion for a directed verdict of acquittal was denied.
- De Jonge was convicted by the trial court and sentenced to seven years of imprisonment.
- De Jonge (appellant) appealed the conviction to the Supreme Court of Oregon.
- The Supreme Court of Oregon (appellee) affirmed the trial court's judgment and sustained the conviction.
- De Jonge then appealed the decision of the Oregon Supreme Court to the Supreme Court of the United States.
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Issue:
Does the application of Oregon's Criminal Syndicalism Law to convict an individual for merely assisting in the conduct of a peaceful public meeting, which was held under the auspices of the Communist Party but where no unlawful doctrines were taught or advocated, violate the Due Process Clause of the Fourteenth Amendment?
Opinions:
Majority - Mr. Chief Justice Hughes
Yes, the application of the Oregon statute violates the Due Process Clause of the Fourteenth Amendment. The right of peaceable assembly is a fundamental right cognate to the rights of free speech and free press. The state may not make mere participation in a peaceful public meeting for lawful discussion a crime. The constitutionality of an assembly depends not on the auspices under which it is held, but on its purpose and the conduct of its participants. Criminalizing participation in a lawful and orderly meeting, regardless of its content, simply because it was sponsored by the Communist Party constitutes a violation of these fundamental rights. While states can prosecute incitement to violence or conspiracies, they cannot seize upon mere participation in a peaceable assembly as the basis for a criminal charge.
Analysis:
This case is significant for incorporating the First Amendment's right of peaceable assembly against the states through the Fourteenth Amendment's Due Process Clause. It established the crucial principle that guilt cannot be imputed by mere association; the state must prove that unlawful acts or advocacy occurred at the specific event in question. The decision protects the right to engage in peaceful political discussion, even under the banner of unpopular or radical organizations, by separating the legality of the assembly itself from the abstract doctrines of its sponsors. This precedent provides a strong defense against attempts to suppress dissent by punishing individuals for associating with controversial groups.
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