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Cox v. New Hampshire | 312 U.S. 569 (1941)
Generally, the First Amendment prohibits the government from passing a law that establishes or curtails religious practice, restricts the freedom of speech or of the press, or limits the right of the people to peacefully assemble. Nevertheless, today, most states require an individual or organization to obtain a permit from local governmental officials before holding a march on public streets. But what if a group of individuals doesn’t want to obtain a permit for a march? May a state government force them to do so under the First Amendment? The United States Supreme Court addressed this issue in the nineteen forty-one case Cox versus New Hampshire.
In July of nineteen thirty-nine, over sixty individuals, including Willis Cox, met at a hall in Manchester, New Hampshire, to coordinate a public march along different parts of the city’s business district. The individuals were part of the Jehovah’s Witnesses religious denomination.
The individuals then split into four or five groups of fifteen to twenty people and walked in a single-file line on the city sidewalks, holding signs and distributing leaflets. And although their marching didn’t breach the peace, the groups interfered with the public use of the sidewalk.
At the time, New Hampshire had a state statute that required individuals to obtain a permit to engage in parades and processions. The individuals were aware that the statute required them to obtain a permit, but they never sought to obtain one.
Subsequently, Cox and others were charged in state superior court with taking part in a parade or procession on public streets without a license, which was a misdemeanor. Following trial, they were convicted of the charges and appealed to the New Hampshire Supreme Court, which affirmed. Cox and others then appealed to the United States Supreme Court.
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