Opinion · Supreme Court of the United States

Haguer v. Committee for Industrial Organization

59 S. Ct. 954

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1939-06-05
Topic
general

holding that in federal civil rights cases punitive damages may be awarded even without an award of compensatory damages | holding that only natural persons are entitled to the privileges and immunities of Section 1 of the Fourteenth Amendment | holding that to establish a claim under the Privileges and Immunities Clause, plaintiffs must allege discrimination on the basis of out-of-state residency | noting that public streets and sidewalks are traditional public fora which “time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions” | stating that the Privileges and Immunities Clause “prevents a state from discriminating against citizens of other states in favor of its own” | stating that parks “have immemorially been held in trust for use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” | indicating that streets and parks "have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions" | holding a corporation cannot assert privileges and immunities under the fourteenth amendment | indicating that streets and parks “have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions” | striking down a city ordinance forbidding all public meetings in streets and other public places without a permit | permitting injunctive relief against government officials where officials had notice of unconstitutional conduct of subordinates and failed to prevent a recurrence | noting that parks, as well as streets, “have immemorially been held in trust for the use of the public and, time out of mind, have been'used for purposes of assembly, communicating thoughts between citizens, and discussing public, questions” | striking down statute that "enable[d] the Director of Safety to refuse a permit on his mere opinion that such refusal will prevent `riots, disturbances or disorderly assemblage'" | striking down statute that “enable[d] the Director of Safety to refuse a permit on his mere opinion that such refusal will prevent ‘riots, disturbances or disorderly assemblage’ ” | concerning city’s exclusion of speakers 18 from “streets and parks,” which “have immemorially been held in trust for the use of 19 the public” | § 1983 “include[s] rights, privileges and immunities secured by the laws of the United States as well as by the Constitution” | "Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public." | “Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public .... ” | The clause prevents "a State from discriminating against citizens of other States in favor of its own." (footnote omitted) | action for loss of political rights “sounds in tort and the jury may award exemplary or punitive damages” | action for loss of political rights "sounds in tort and the jury may award exemplary or punitive damages" | "Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public." | “Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public.” | "Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public" | use of public streets and parks for exchange of ideas has “from ancient times been a part of the privileges” of citizenship | “Natural persons, and they alone, are entitled to the privileges an immunities which section 1 of the Fourteenth Amendment secures for ‘citizens of the United States.’ ” | The clause prevents “a State fr

Citator

Cited by
1077 opinions

By leave of Court, the Committee on the Bill of Rights of the American Bar Association, filed a brief, as amid curiae, discussing the right of assembly. See p. 678.

Mr. Justice Butler, presiding in the absence of the Chief Justice and Mr. Justice McReynolds:

The judgment of the eoúrt in this case is that the decree is modified and as modified affirmed. Mr. Justice Eéankfurter and Mr. Justice Douglas took no part in the consideration or decision of the case. Mr. Justice Roberts has an opinion in which Mr. Justice Black concurs, and Mr. Justice Stone an opinion in which Mr. Justice Reed concurs. The Chief Justice concurs in an opinion. Mr. Justice McReynolds and Mr. Justice Butler dissent for reasons stated in opinions by-them respectively.