Cox v. New Hampshire - Significance, Parade Permit Constitutional, Impact, Related Cases

appellant appellee court frank

Appellant

Cox, et al.

Appellee

State of New Hampshire

Appellant's Claim

That a state statute prohibiting a parade or procession upon a public street without a special license violated the Fourteenth Amendment by interfering with appellant's First Amendment rights of free speech, press, worship and assembly and by vesting unreasonable and arbitrary power in the licensing authority.

Chief Lawyers for Appellant

Hayden Covington, Joseph F. Rutherford

Chief Lawyer for Appellee

Frank R. Kenison

Justices for the Court

Charles Evans Hughes (writing for the Court), Harlan Fiske Stone, Owen Josephus Roberts, Hugo Lafayette Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy

Justices Dissenting

None

Place

Washington, D.C.

Date of Decision

31 March 1941

Decision

Requiring a permit for a parade or procession upon a public street was a proper exercise of the state's authority and did not violate the appellants' constitutional rights.

Cox v. New Hampshire - Significance

The decision established the right of local governments to require a permit to conduct a parade or procession upon a public street. However, permit decisions had to be made according to uniform, nondiscriminatory standards based upon public convenience and safety to satisfy the Fourteenth Amendment. Validating permit requirements for parades meant that local governments received advance notice of …

Cox v. New Hampshire - Parade Permit Constitutional

In a unanimous decision, the U.S. Supreme Court held that the statute as construed by the state Supreme Court did not infringe on any constitutional right of the appellants. First, the U.S. Supreme Court stated that the sole issue to be decided was the question of the statute's validity as applied to the appellants' conduct in taking part in a parade or procession on the public streets without a p…

Cox v. New Hampshire - Impact

Prior to the decision in Cox, the U.S. Supreme Court had struck down, under the First and Fourteenth Amendments, numerous ordinances imposing permit requirements on expressive activity in public places, such as streets and parks, because the ordinances gave government officials uncontrolled discretion whether to issue the permits. After Cox, local governments were allowed to regulate competing use…

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