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Supreme Court — Part 6
Page 18
18 / 108
SUPREME COURT OF THE UNITED STATES.
No. 651.—Octoper Tres, 1938,
Frank Hague, Individually and as)
Mayor of Jersey City, et al, &e.,
Petitioners, On Writ of Certiorari to
vs. the United States Cir-
Committee for Industrial Organiza-f cuit Court of Appeals
tion, Steel Workers Organizing| {tor the Third Circuit.
Comittee of the Committee for In-
dustria} Organization, et al. J
[June 5, 1939.]
Mr. Justice Stonz
I do not doubt that the decree helow, modified as has been pro-
posed, is rightly affirmed, but I am unable to follow the path by
which some of *y brethren have attained that end, and I think the
matter is of sufiicient importance to merit discussion in some detail.
It has beet ¢xplicitly and repeatedly affirmed by this Court, with-
ont a dissenting voice, that freedom of speeph and of assembly
for any lawful purpose are rights of personal liberty secured to all
persons, withont regard to citizenship, by the due process clause of
the Fourteenth Amendment. Gitlow ¥. New Fork, 268 U. 8. 652;
Whitney v. California, 214 U. S. 457; Fiske v, Kansas, 274 U. 8.
380; Stromberg v. California, 283 U. 8. 359; Near v, Minnesota,
283 US. 697; Grasjean v. Atmertcan Press Co, 297 UL 8. 233;
De Jonge v. Oregon, 299 U. 8. 343; Herndon v. Lowry, 301 U. 8.
249; Lavell v. Griffin, 303 U. S& 444. It has never been held
that either is a privilege or immunity peculiar to citizenship of the
United States, to which alone the privileges and immunities clause
refers, Slanghter-Tfouse Cases, 16 Wall, 36; Duncan v. Missouri,
152 0, 8, 877, 382. Tutning v. New Jersey, 211 U. 8. 78, 97; Maz.
well v, Bugbee, 250 U. 8. 525, 538; Hamilton v, Regents, 293 U. 8.
245, 261, and neither can be brought within the protection of that
elanse without enlarging the category of privileges and immunities
of United States citizenship as it has hitherto been defined.
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