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4.79 (Rev. 7-17-68) nd ———, DAVID LAWRENCE i Black Clarifies the Right of Pr DAssociate Justice Hugo Black of the Supreme Court of the United Siaies seemed at ~ first glance to have broken a precedent when on Tuesday night he allowed himself to be interviewed on the CBS televi- sion network and discussed a number of consitutiona! ques- ons. But, actually, he was doing what every justice has done in the past when they have lectured before college audiences of law students. . oe ae oe oe nf haie a ee | 3 Because of their technical stances under which they do it. I’ve never said that. “Bilt Douglas (Associate Justice William Douglas) and I both expressed our view on that about 25 years ago, in which we said that the 1st Amendment protects speech, and protects writing, and pro- tects assembly. But it doesn’t have anything that protects a man’s right to walk around and around and around my house if he wants to, fasten mannin my people — my family — up a ee oe nature, such lectures have not Jin the house, make them ' gotten wide publicity. Black, [afraid to go out of doors, - in fact, merely delivered on | afraid that something will hap- television a law “lecture,” and put it in simple language. Perhaps the most important statement he made was his declaration that protestors or :{ demonstrators do not have an | inherent right to use streets or pen.” Black was reluctant to ex- press an opinion on the riots which occurred in Chicago during the week of the Demo- cratic National Convention be- Cause cases might come be- fore the Supreme Court inyolv- ing those same disardere and the court ‘would have to ‘pass a public places. He said that such a concept assumes that “the only way to protest any- thing is to go out and do it on the streets — that is not true.” Then he added: " “Tt never has been true. We've had a government where people have been pro- testing against one another— having elections, having dif- ' ferent religious meetings at different places, having differ- ent parties meeting at differ- lS PL ee TT Le, i ce MseaTe ent places — all through histo. | upon them. But, speaking in general terms, he said: “Now, the Constitution doesn't say that any man shall have a right to say anything he wishes, anywhere he wants to go. That’s agreed, isn’t it? . + It does not say that people shall have a right to assembie to express views on other peo- ple’s property.” } When asked if he meant! “government property,’’ Black I answered: “Why, ee —— ry. I've never said that free- » dom of speech gives people the > fight to tramp up and down that’s not theirs .., It belongs _ the streets hy the thousands, to the government as a building and in other govern- ment buildings, including the Capitol itself. Biack said: “The government would be in a very bad fix, I think, if the Constitution provided that the Congress was without pow- er to keep people from coming into the Library of Congress and spending the day there, demonstrating or singing, be- cause they wanted to protest the government. I don’t think they could. They’ve got a right to talk where they have a right to be under valid laws,’ What Black has said may or may not percolate down through the militant groups who seem to feel that they have the right te demonstrate by using “‘sit-ins” and “lie ins” and that they may use the streets or public parks at will to assemble or state their pro- test marches. fod eet toe THT te te 4 Evidently Black's idea is that no citizen has the right to mis- use government or private property by interfering with the rights of others. This means that city governments hereafter probably will find themselves backed up by the courts if they deny permits to groups for marches or assem- blies on the streets which are likely to result in yioletice. There are plenty of places for mass meetings—stadiums, au- ditoriums and convention halls—where the right of free Speech can be fully exercised | either saying things that |whole.”’ and protests loudiy proclaimed threaten others, with real lit- During the last few years,! without damaging the lives or ‘ epallaneuege, or that threaten there have begp ‘‘demonstra-| property of other citizens in because of the circum- tions” in the Supremé Court! the community. / a ae } A NOT RECORDED a 176 JAN 16 1969" Br AnH (1968 = ¢ ’ ‘ ET Hien EES 5, ae BOTT a ee Leki ~ _ ent ag oe - ae ata! a ee ae - otest T | if —<— Deh gach _ Méhr Bisho cosod vee Callahan —4 — Conrad —________ Felt 7 1. ra Gale 4 ; Rosse fee Sullivan& ’ Tave] Trotter Tele. Room Holmes - Gandy eek A Le, ye f The Washington Post Times Herald The Washington Daily News ; The Evening Star (Washington) 2/ " / ¢ The Sunday Star (Washington? Daily News (New York) Sunday News (New York? New York Post The New York Times The Sun (Baltimore) The Daily World The New Leader The Wall Street Jourmal The National Observer People’s World Exaniner (Washington) DEG 5 1968 Date