U.S. Supreme Court DE JONGE v. STATE OF OREGON, 299 U.S. 353 (1937)

[Page 299 U.S. 353, 356]

Mr. Chief Justice HUGHES delivered the opinion of the Court.

Appellant, Dirk De Jonge, was indicted in Multnomah County, Or., for violation of the Criminal Syndicalism Law of that State. [Footnote 1] The act, which we set forth in

[Page 299 U.S. 353, 366]

called by that party. The defendant was none the less entitled to discuss the public issues of the day and thus in a lawful manner, without incitement to violence or crime, to seek redress of alleged grievances. That was of the essence of his guaranteed personal liberty.

We hold that the Oregon statute as applied to the particular charge as defined by the state court is repugnant to the due process clause of the Fourteenth Amendment. The judgment of conviction is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.

REVERSED.

Mr. Justice STONE took no part in the consideration or decision of this case. Footnotes

Footnote 1 Oregon Code 1930, 14-3,110 to 14-3,112, as amended by chapter 459, p. 868, 1-3, Oregon Laws 1933:'Sec. 14-3.110. Criminal syndicalism hereby is defined to be the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution.'Sec. 14-3,111. Sabotage hereby is defined to be intentional and unlawful damage, injury or destruction of real or personal property.'Sec. 14-3,112. Any person who, by word of mouth or writing, advocates or teaches the doctrine of criminal syndicalism, or sabotage, or who prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any books, pamphlets, paper, handbill, poster, document or written or printed matter in any form whatsoever, containing matter advocating criminal syndicalism, or sabotage, or who shall organize or help to organize, or solicit or accept any person to become a member of any society or assemblage of persons which teaches or advocates the doctrine of criminal syndicalism, or sabotage, or any person who shall orally or by writing or by printed matter call together or who shall distribute or circulate written or printed matter calling together or who shall preside at or conduct or assist in conducting any assemblage of persons, or any organization, or any society, or any group which teaches or advocates the doctrine of criminal syndicalism or sabotage is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the state penitentiary for a term of not less than one year nor more than 10 years, or by a fine of not more than $1,000, or by both such imprisonment and fine.'