De Jonge v. Oregon

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De Jonge v. Oregon
Seal of the United States Supreme Court.svg
Argued December 9, 1936
Decided January 4, 1937
Full case nameDirk De Jonge v. State of Oregon
Citations299 U.S. 353 (more)
Prior historyAppeal from the Supreme Court of the State of Oregon.
Holding
The Oregon statute as applied to the particular charge as defined by the state court is repugnant to the due process clause of the Fourteenth Amendment. The judgment of conviction is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Court membership
Case opinions
MajorityHughes, joined by unanimous
Stone took no part in the consideration or decision of the case.
Laws applied
427 U.S. 160 (1976)
 
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De Jonge v. Oregon
Seal of the United States Supreme Court.svg
Argued December 9, 1936
Decided January 4, 1937
Full case nameDirk De Jonge v. State of Oregon
Citations299 U.S. 353 (more)
Prior historyAppeal from the Supreme Court of the State of Oregon.
Holding
The Oregon statute as applied to the particular charge as defined by the state court is repugnant to the due process clause of the Fourteenth Amendment. The judgment of conviction is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Court membership
Case opinions
MajorityHughes, joined by unanimous
Stone took no part in the consideration or decision of the case.
Laws applied
427 U.S. 160 (1976)

De Jonge v. Oregon, 299 U.S. 353 (1937)[1], was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies to freedom of assembly. The Court found that Dirk De Jonge had the right to organize a Communist Party and to speak at its meetings, even though the party advocated industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.

Background[edit]

Dirk De Jonge addressed an audience regarding jail conditions in the county and a maritime strike in progress in Portland on July 27, 1934. A raid on the meeting was carried out by Portland police. De Jonge was arrested and charged with violating the State's criminal syndicalism statute, or "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." Once convicted, De Jonge motioned for an acquittal, arguing that there was insufficient evidence to warrant his conviction.[1] The State Supreme Court disagreed with De Jonge, and noted that the indictment did not charge De Jonge with criminal syndicalism, but rather that he "presided at, conducted and assisted in conducting an assemblage of persons, organization, society and group called by the Communist Party, which was unlawfully teaching and advocating in Multnomah county the doctrine of criminal syndicalism and sabotage."[2]

References[edit]

  1. ^ "DeJonge v. Oregon - 299 U.S. 353 (1937)". The Oyez Project. Retrieved 7 October 2013. 
  2. ^ "DeJonge v. Oregon - 299 U.S. 353 Page 299 U.S. 361 (1937)". Justia: US Supreme Court Center. Retrieved 7 October 2013. 

See also[edit]

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