Cox v. Louisiana - Public Passages Not Obstructed

On this second charge, the Court voted 7-2 for reversal. Justices Byron R. White and John M. Harlan II dissented. Goldberg wrote that the Louisiana Obstructing Public Passages law as written "precludes all street assemblies and parades, (yet) it has not been so applied and enforced by the Baton Rouge authorities." City officials testified clearly that certain meetings and parades are permitted in Baton Rouge, even though they obstruct traffic, provided prior approval was obtained. Importantly, Goldberg pointed out that a state or municipality must so regulate city streets or other public facilities to assure the safe passage and convenience of the people and may, in a non-discriminatory application, regulate time, place, duration, or manner of the use of streets for public assemblies. However, Baton Rouge city authorities permitted or prohibited parades or street meetings at in a very ad hoc manner. This practice resulted in an unwarranted restriction of Cox's freedoms of speech and assembly protected under the First Amendment.