ship by the station. In this case Justices Frankfurter,
Harlan, Whittaker and Stewart dissented.

After the enactment of the Fourteenth Amendment,
the Court in the Cruikshank case ¹ held unconstitutional
an attempt by Congress to punish private citizens for
depriving Negroes of the right to assemble freely. It
declared that nothing in the Fourteenth Amendment jus-
tified Congressional action against individuals. It held
that the right to assemble freely, although mentioned in
the First Amendment, was inherent not in national but
in state citizenship, except where the assembly was for
the purpose of petitioning Congress.

In deJonge v. Oregon ² the Court, in 1937, placed
the right of assembly within the concept of due process,
thus protecting it against state interference. In that
case a conviction under the Oregon criminal syndicalism
law for assisting at a meeting called under the auspices
of the Communist Party was set aside since the state had
not charged that any illegal doctrine had been pronounced
at the meeting.

On the other hand a state may punish participation
in an assembly if it is called for the purpose of engaging
in violent action. ⁵

The Hague case ³ held that it was improper to bar all
meetings on streets and in parks, but the Court recognized
the right to "regulate" the use of streets and parks "in
the interest of all."

In Cox v. New Hampshire ⁴ the Court unanimously
held that a statute requiring a license for the holding
of a parade interfered neither with free speech nor with
freedom of religion. Chief Justice Hughes said:

"Civil liberties, as guaranteed by the Constitution, imply the ex-
istence of an organized society maintaining public order without
which liberty itself would be lost in the excess of unrestrained
abuses."

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