Cox v. New Hampshire

312 U.S. 569 (1941)

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Nature of the Case

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Facts

Ds are five 'Jehovah's Witnesses' who, with sixty-three others of the same persuasion, were convicted in the municipal court for violation of a state statute prohibiting a 'parade or procession' upon a public street without a special license. The statute states: 'No theatrical or dramatic representation shall be performed or exhibited, and no parade or procession upon any public street or way, and no open-air public meeting upon any ground abutting thereon, shall be permitted, unless a special license therefor shall first be obtained from the selectmen of the town, or from a licensing committee for cities hereinafter provided for.' Eighty-eight persons met at a hall 'for the purpose of engaging in an information march.' They divided themselves into four or five groups, each with about fifteen to twenty persons. Each group proceeded to a different part of the business district of the city and there 'would line up in single-file formation and then proceed to march along the sidewalk, 'single-file,' that is, following one another.' Each defendant carried a small staff with a sign reading 'Religion is a Snare and a Racket' and on the reverse 'Serve God and Christ the King.' Some carried placards bearing the statement 'Fascism or Freedom. Hear Judge Rutherford and Face the Facts.' They handed out printed leaflets announcing a meeting to be held at a later time in the hall from which they had started, where a talk on government would be given to the public free of charge. Ds did not apply for a permit and none was issue. Manchester had a population of over 75,000 and on Saturday nights in an hour's time 26,000 persons passed one of the intersections where Ds marched. Ds interfered with the normal sidewalk travel, but no technical breach of the peace occurred. Ds were arrested and found guilty. Ds were charged with 'taking part in a parade or procession' on public streets without a permit as the statute required. Ds were not prosecuted for distributing leaflets, or for conveying information by placards or otherwise, or for issuing invitations to a public meeting, or for holding a public meeting, or for maintaining or expressing religious beliefs. Ds appealed from an affirmation of their conviction.