Gregory and others were improperly convicted of disorderly conduct based on the disorderly behavior of bystanders to their First Amendment-protected demonstration.
Social activists, including comedian Dick Gregory, protested against school segregation in Chicago, Illinois. Twelve years earlier, in Brown v. Board of Education, the U.S. Supreme Court ruled school segregationunconstitutional. The protesters marched from Chicago's city hall to the mayor's residence in the white neighborhood of Bridgeport. After the march concluded, white bystanders began to act unruly and heckle the protesters; when they could not contain the hecklers' activity, police asked the protesters to disperse.[2] The protesters did not disperse and were consequently arrested, and subsequently convicted by a jury, of violating Chicago's disorderly conduct ordinance. The protesters appealed to the Illinois Supreme Court. That court upheld their conviction, holding that the protesters' refusal to obey the police order justified the convictions.[3] Aided by the ACLU, the protesters appealed to the US Supreme Court.
Opinion of the CourtEdit
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."[4]
Text of Gregory v. Chicago, 394U.S. 111 (1969) is available from:CourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
August 29, 2023
gregory, city, chicago, gregory, chicago, 1969, united, states, supreme, court, case, which, court, overturned, disorderly, conduct, charges, against, dick, gregory, others, peaceful, demonstrations, chicago, gregory, chicagosupreme, court, united, statesargue. 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 1 Gregory v ChicagoSupreme Court of the United StatesArgued December 10 1968Decided March 10 1969Full case nameDick Gregory et al v City of ChicagoCitations394 U S 111 more 89 S Ct 946 22 L Ed 2d 134 1969 U S LEXIS 2295Case historyPriorCertiorari to the Supreme Court of Illinois 39 Ill 2d 47 233 N E 2d 422 1968 HoldingGregory and others were improperly convicted of disorderly conduct based on the disorderly behavior of bystanders to their First Amendment protected demonstration Court membershipChief Justice Earl Warren Associate Justices Hugo Black William O DouglasJohn M Harlan II William J Brennan Jr Potter Stewart Byron WhiteAbe Fortas Thurgood MarshallCase opinionsMajorityWarren joined unanimouslyConcurrenceBlack joined by DouglasConcurrenceHarlanLaws appliedU S Const amends I XIV Contents 1 Background 2 Opinion of the Court 3 See also 4 References 5 External linksBackground EditSocial activists including comedian Dick Gregory protested against school segregation in Chicago Illinois 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 in the white neighborhood of Bridgeport After the march concluded white bystanders began to act unruly and heckle the protesters when they could not contain the hecklers activity police asked the protesters to disperse 2 The protesters did not disperse and were consequently arrested and subsequently convicted by a jury of violating Chicago s disorderly conduct ordinance The protesters appealed to the Illinois Supreme Court That court upheld their conviction holding that the protesters refusal to obey the police order justified the convictions 3 Aided by the ACLU the protesters appealed to the US Supreme Court Opinion of the Court EditThe 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 4 See also EditList of United States Supreme Court cases volume 394 Stromberg v California 283 U S 359References Edit Gregory v City of Chicago 394 U S 111 1969 This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the United States Healy Shawn Gregory v City of Chicago 1969 The First Amendment Encyclopedia Middle Tennessee State University Retrieved 15 February 2023 City of Chicago v Gregory 392d 47 233 N E 2d 422 1968 The Heckler s Veto A ReexaminationExternal links EditText of Gregory v Chicago 394 U S 111 1969 is available from CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio Retrieved from https en wikipedia org w index php title Gregory v City of Chicago amp oldid 1139456981, wikipedia, wiki, book, books, library,
