Trisha Shetty (Editor)

Gregory v. City of Chicago

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Concurrence
  
Harlan

Full case name
  
Dick Gregory, et al. v. City of Chicago

Citations
  
394 U.S. 111 (more) 89 S. Ct. 946; 22 L. Ed. 2d 134; 1969 U.S. LEXIS 2295

Prior history
  
Certiorari to the Supreme Court of Illinois

Majority
  
Warren, joined by unanimous

Concurrence
  
Black, joined by Douglas

Gregory v. Chicago, 394 U.S. 111 (1969), was a United States Supreme Court case in which the Court overturned the disorderly conduct charges against Dick Gregory and others for peaceful demonstrations in Chicago.

Contents

Background

Social activists, including comedian Dick Gregory, protested against school segregation in Chicago, Illinois in 1969. Twelve years earlier, in Brown v. Board of Education, the U.S. Supreme Court ruled school segregation unconstitutional. The protesters marched from Chicago's city hall to the mayor's residence. After concluding the march, bystanders began to act unruly, and police asked the protesters to disperse. The protesters did not disperse and were consequently arrested and convicted for demonstrating. The protesters appealed to the Illinois Supreme Court (39 Ill. 2d 47, 233 N. E. 2d 422 (1968)) but that court upheld their conviction. Aided by the ACLU, the protesters appealed to US Supreme Court.

Opinion of the Court

The US Supreme Court, in a unanimous decision, overturned the conviction for several reasons:

  • "Petitioners were denied due process since there was no evidence to support their convictions"
  • "The convictions were for demonstrating, not for refusing to obey police orders."
  • "The trial judge's charge allowed the jury to convict for acts protected by the First Amendment. Stromberg v. California"
  • Justice Hugo Black, in a concurring opinion, argued that arresting demonstrators as a consequence of unruly behavior of bystanders would amount to a "heckler's veto."

    References

    Gregory v. City of Chicago Wikipedia