Cox v. New Hampshire

Background

A group of five Jehovah’s Witnesses and sixty-three others were convicted in Manchester, New Hampshire, for taking part in an organized march on public sidewalks without a special license required by state law. On July 8, 1939, the company split into four or five groups of about fifteen to twenty people and walked in single-file formations through the business district, carrying signs and handing out leaflets that announced a later public meeting. No permit was sought. The march caused some interference with normal sidewalk travel but did not break the peace. The defendants said the march was part of their religious practice and a way to spread information; they were prosecuted only for marching without a license.

Reasoning

The Court considered whether the state law that forbids parades or processions without a license unlawfully violated freedoms of worship, speech, press, or assembly. Relying on the state court’s limiting interpretation, the justices treated the law as applying only to organized formations on the highways and not to the distribution of literature or to carrying signs when not in marching formation. The Court accepted the state court’s view that licensing officials must act uniformly and without arbitrary or discriminatory decisions, and that fees may be reasonably fixed to cover public safety costs. The Court distinguished earlier cases that involved broader censorship or unfettered official power and found no unconstitutional suppression here.

Real world impact

The decision upholds the authority of cities to require permits and reasonable, adjustable fees for organized street marches when needed for public convenience and safety. It leaves intact the right to hand out leaflets or display signs outside of a parade formation and requires licensing decisions to be non-discriminatory and based on time, place, and manner considerations.