A group of Jehovah's Witnesses were convicted for engaging in a public parade without obtaining a permit. The defendants assembled at their church and divided into smaller groups that marched along sidewalks, displayed signs, and handed out leaflets announcing a later meeting. They claimed that their Fourteenth Amendment rights were violated including their rights to freedom of worship and freedom of assembly.
The Court unanimously upheld the convictions of the Jehovah's Witnesses for engaging in a public parade without a license.
| Plurality Opinion: (Justice Hughes) |
The state acted within its power in trying to regulate the use of public space. "The authority of a municipality to impose regulations in order to assure the safety and convenience of the people in the use of public highways has never been regarded as inconsistent with civil liberties but rather as one of the means of safeguarding the good order upon which they ultimately depend. The control of travel on the streets of cities is the most familiar illustration of this recognition of social need." The state also has an interest in knowing about parades ahead of time so that it can arrange proper policing. The Court also rejects the claim that the licensing fee encroached on their right to assemble. Provided this fee is reasonable, it not unconstitutional. In summary, "No interference with religious worship or the practice of religion in any proper sense is shown, but only the exercise of local control over the use of streets for parades and processions."
This decision allows states to impose licensing fees for people who want to have parades or processions. The State faces increased costs in policing and overseeing parades so they are permitted to pass some of these expenses on to the groups conducting these events. The requiring of licenses is consistent with allowing time and place restrictions to prevent a public inconvenience.
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