DeJonge v. Oregon, 299 U.S. 353; 57 S. Ct. 255; 81 L. Ed. 278 (1937)

Facts—DeJonge was indicted in Multnomah County, Oregon, for violating the criminal syndicalism law of the state, which criminalized advocacy of crime, physical violence, sabotage, or any unlawful acts as methods of accomplishing industrial change or political revolution. DeJonge was a member of the Communist Party and spoke at an advertised meeting sponsored by the Communist Party.

Question—Did Oregon’s criminal syndicalism law deny freedom of assembly and speech as applied to the states by the due process clause of the Fourteenth Amendment?

Decision—Yes.

Reasons—C.J. Hughes (8–0). The only offense for which the accused was charged, convicted, and sentenced to imprisonment for seven years was taking part in a meeting held under the auspices of the Communist Party. While states may protect themselves and the privileges of our institutions from abuse, precedents do not permit such a curtailment of the right of free speech as the Oregon statute demanded.

Freedom of speech, press, and peaceful assembly are fundamental rights safeguarded by the due process clause of the Fourteenth Amendment. Holding a peaceful public meeting for lawful discussion cannot be made a crime. The Court was not here upholding the objectives of the Communist Party. The defendant was still entitled to his personal right of free speech, although he was a member of the Communist Party, if the activity was carried on in a lawful manner, without incitement to violence or crime.

Note—DeJonge was the first case to apply the First Amendment’s freeom of assembly to the states via the due process clause of the Fourteenth Amendment.