The Hughes Court (1930–41)

First Amendment

CourtSpeak: Hague v. Committee
for Industrial Organization
Public Forum Doctrine Case (1939)

Justice Owen Roberts (plurality): “Wherever the title of streets and parks may rest, they have immemoriably 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. The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied.”



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