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 You Be the Judge > Gregory v. Chicago
Case Facts On August 2, 1965 a group of demonstrators—including comedian Dick Gregory—marched to the home of Chicago Mayor Richard Daley to protest segregation of the city’s public schools. A large crowd of spectators began threatening the demonstrators and throwing rocks and eggs. The police asked Gregory to stop the demonstration. When the demonstrators didn’t leave, they were arrested for disorderly conduct. Gregory argued that the demonstrators’ First Amendment rights to assemble and to petition for a redress of grievances had been violated. The city of Chicago responded that the police had to stop the demonstration to prevent a riot and that the demonstrators disobeyed police orders to disperse. What happened? The Supreme Court voted unanimously in favor of the demonstrators. The arrest of the demonstrators for disorderly conduct was wrong because they had not been disorderly. In the majority opinion, Justice Earl Warren wrote: “This is a simple case. Petitioners, accompanied by Chicago police and an assistant city attorney, marched in a peaceful and orderly procession from city hall to the mayor’s residence to press their claims for desegregation of the public schools….Although petitioners and the other demonstrators continued to march in a completely lawful fashion, the onlookers became unruly….Chicago police, to prevent what they regarded as an impending civil disorder, demanded that the demonstrators, upon pain of arrest, disperse. When this command was not obeyed, petitioners were arrested for disorderly conduct. Petitioner’s march, if peaceful and orderly, falls well within the sphere of conduct protected by the First Amendment.” The justices were unanimous in their decision so there was no minority opinion. How the Supreme Court Justices voted Chief Justice Earl Warren Yes Potter Stewart Yes Byron R. White Yes Thurgood Marshall Yes William Brennan, Jr. Yes William O. Douglas Yes John Marshall Harlan Yes Hugo Black Yes Abe Fortas Yes What does this mean for us today? Gregory v. Chicago is a landmark case that guarantees protestors the right to gather peaceably and express their views. It says that peaceful demonstrators cannot be arrested because outside parties may disagree and cause a civil disturbance. The ruling in Gregory v. Chicago affirms the First Amendment’s freedom of assembly and speech. It protects both the physical gathering of demonstrators and protects their right to freely express their views. One of the issues in the case was the arrest of the peaceful demonstrators rather than the rowdy spectators who had caused the civil disorder. The First Amendment also protects the spectators’ free speech rights as long as they are not causing a disturbance. For example, today many protests are met with counter-protestors who express an opposing point of view to the assembly taking place. These groups often stand just a few hundred feet from each other, giving their opinions and waving signs at those passing by. Protests have played an important role in our nation’s history and across the world, particularly in countries that don’t enjoy the same freedoms we do. Back to You Be the Judge |
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