CL.11 - Hague v. CIO Jersey City, New Jersey Mayor Frank...

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Hague v. CIO Jersey City, New Jersey Mayor Frank "Boss" Hague who had in 1937 used a city ordinance to prevent labor meetings in public places and stop the distribution of literature pertaining to the CIO's cause. He referred to them as "communist.” NLRA against them that Hague's ban on political meetings violated the First Amendment right to freedom of assembly They didn’t have a permit, littering ordinance (issue with constitutionality of it and the application of the law) distribute or cause to be distributed or strewn about any street or public place any newspapers, paper, periodical, book, magazine, circular, card or pamphlet," Search and seizure are incorporated District court decides it unconstitutional, says that city must give permit and how it should give it 1. Jurisdiction of the District Court, and it does have it because Constitutional right is involved and it’s the state that is doing it 2. The freedom of assembly is to be applied to the states too, in public spaces, need to balance of right of assembly v. public order (police power, time place and manner) State decided that permit was given based on speech, too much discretion given to state 3. District Court exceeded it’s powers by forcing state remedy Chaplinsky v. New Hampshire Walter Chaplinsky, a Jehovah's Witness, public sidewalk passing out pamphlets and calling organized religion a "racket police officer removed Chaplinsky to take him to police headquarters
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This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

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CL.11 - Hague v. CIO Jersey City, New Jersey Mayor Frank...

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