de jonge v oregon case
Posted on October 8th, 2020Criminal syndicalism hereby is defined to be the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution. He was accordingly deprived of the benefit of evidence as to the orderly and lawful conduct of the meeting and that it was not called or used for the advocacy of criminal syndicalism or sabotage or any unlawful action. The decision contributed to the development of “ symbolic speech ” and “speech plus” categories, concepts … One of the rights that Americans hold most dear is their right to free speech and assembly. Appellant moved for a direction of acquittal, contending that the statute as applied to him, for merely assisting at a meeting called by the Communist Party at which nothing unlawful was done or advocated, violated the due process clause of the Fourteenth Amendment of the Constitution of the United States. Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. The defendant was convicted of participation in what amounted to a conspiracy to commit serious crimes. 444, 446, 80 L.Ed. De Jonge was found guilty and sentenced to prison for seven years. The stipulation, after setting forth the charging part of the indictment, recites in substance the following: That on July 27, 1934, there was held in Portland a meeting which had been advertised by handbills issued by the Portland section of the Communist Party; that the number of persons in attendance was variously estimated at from 150 to 300; that some of those present, who were members of the Communist Party, estimated that not to exceed 10 to 15 per cent. Oregon, 299 U.S. 353 (1937) Case Summary of De Jonge v. Oregon: De Jonge was arrested under a criminal syndicalism law for speaking at a peaceful Communist Party meeting. In this view, lack of sufficient evidence as to illegal advocacy or action at the meeting became immaterial. Mr. Osmond K. Fraenkel, of New York City, for appellant. The law defines criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution." It follows from these considerations that, consistently with the Federal Constitution, peaceable assembly for lawful discussion cannot be made a crime. De Jonge v. Oregon. International News Service v. Associated Press. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.
1484; Near v. Minnesota, 283 U.S. 697, 707, 51 S.Ct. One of the rights that Americans hold most dear is their right to free speech and assembly. 158, 84 A.L.R. Those who assist in the conduct of such meetings cannot be branded as criminals on that score. called by that Party. DeJonge v. Oregon, 299 U.S. 353 (1937) DeJonge v. Oregon. This contention was overruled. The defendant was none the less entitled to discuss the public issues of the day and thus in a lawful manner, without incitement to violence or crime, to seek redress of alleged grievances. 2. Case Summary: A. The people through their Legislatures may protect themselves against that abuse. The stipulation, after setting forth the charging part of the indictment, recites in substance the following: that, on July 27, 1934, there was held in Portland a meeting which had been advertised by handbills issued by the Portland section of the Communist Party; that the number of persons in attendance was variously estimated at from 150 to 300; that some of those present, who were members of the Communist Party, estimated that not to exceed ten to fifteen percent of those in attendance were such members; that the meeting was open to the public without charge, and no questions were asked of those entering with respect to their relation to the Communist Party; that the notice of the meeting advertised it as a. protest against illegal raids on workers' halls and homes and against the shooting of striking longshoremen by Portland police; that the chairman stated that it was a meeting held by the Communist Party; that the first speaker dwelt on the activities of the Young Communist League; that the defendant De Jonge, the second speaker, was a member of the Communist Party and went to the meeting to speak in its name; that, in his talk, he protested against conditions in the county jail, the action of city police in relation to the maritime strike then in progress in Portland and numerous other matters; that he discussed the reason for the raids on the Communist headquarters and workers' halls and offices; that he told the workers that these attacks were due to efforts on the part of the steamship companies and stevedoring companies to break the maritime longshoremen's and seamen's strike; that they hoped to break the strike by pitting the longshoremen and seamen against the Communist movement; that there was also testimony to the effect that defendant asked those present to do more work in obtaining members for the Communist Party and requested all to be at the meeting of the party to be held in Portland on the following evening, and to bring their friends to show their defiance to local police authority and to assist them in their revolutionary tactics; that there was also testimony that defendant urged the purchase of certain communist literature which was sold at the meeting; that, while the meeting was still in progress, it was raided by the police; that the meeting was conducted in an orderly manner; that defendant and several others who were actively conducting the meeting were arrested by the police, and that, on searching the hall, the police found a quantity of communist literature.
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