| De Jonge v. Oregon | |
|---|---|
 | |
| Argued December 9, 1936 Decided January 4, 1937 | |
| Full case name | Dirk De Jonge v. State of Oregon |
| Citations | 299 U.S. 353 (more) 57 S. Ct. 255, 81 L. Ed. 278, 1937 U.S. LEXIS 1135 |
| Case history | |
| Prior | State v. De Jonge, 152 Or. 315, 51 P.2d 674 (1936); probable jurisdiction noted, 57 S. Ct. 45 (1936). |
| Holding | |
| The Oregon statute was unconstitutional as applied in this case. Even though the Communist Party generally advocated violent revolution, the First Amendment bars a prosecution for attending a peaceful public meeting called by that Party. Oregon Supreme Court reversed. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Hughes, joined by Van Devanter, McReynolds, Brandeis, Sutherland, Butler, Roberts, Cardozo |
| Stone took no part in the consideration or decision of the case. | |
This case overturned a previous ruling or rulings | |
| United States v. Cruikshank, 1876 (in part) | |
De Jonge v. Oregon, 299 U.S. 353 (1937), was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies the First Amendment right of freedom of assembly to the individual U.S. states.[1] The Court found that Dirk De Jonge had the right to speak at a peaceful public meeting held by the Communist Party, even though the party generally advocated an industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise, the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.[2]