The Supreme Court, in overturning a conviction under a state criminal syndicalism law, incorporated the right of freedom of peaceable assembly and association to the states through the Fourteenth Amendment.
Chief Justice Charles Evans Hughes
The Oregon supreme court upheld DeJonge’s conviction on grounds that merely participating in a totally peaceful meeting called by the Communist Party could still violate the law. The Court reversed the decision, saying lawful discussion in a peaceful assembly is not a crime. This decision first applied the freedom of association to the states under the Fourteenth Amendment’s due process clause.
Aptheker v. Secretary of State
Assembly and association, freedom of
Brandenburg v. Ohio
Communist Party v. Subversive Activities Control Board
Criminal syndicalism
Dennis v. United States
First Amendment
Incorporation doctrine
Scales v. United States
Schenck v. United States
Whitney v. California
Yates v. United States