de jonge state oregon argued december decided january appeal state oregon osmond fraenkel new york city appellant maurice tarshis dep dist portland state oregon chief justice hughes delivered opinion appellant dirk de jonge indicted multnomah county violation criminal syndicalism law state act set forth margin defines syndicalism doctrine advocates crime physical violence sabotage unlawful acts methods means accomplishing effecting industrial political change revolution preliminary definition act proceeds describe number offenses embracing teaching criminal syndicalism printing distribution books pamphlets advocating doctrine organization society assemblage advocates presiding assisting conducting meeting organization society group prohibited acts made felonies punishable imprisonment less one year ten years fine concerned one described offenses validity statute particular application charge appellant assisted conduct meeting called auspices communist party organization advocating criminal syndicalism defense meeting public orderly held lawful purpose held auspices communist party neither criminal syndicalism unlawful conduct taught advocated meeting either appellant others appellant moved direction acquittal contending statute applied merely assisting meeting called communist party nothing unlawful done advocated violated due process clause fourteenth amendment constitution contention overruled appellant found guilty charged sentenced imprisonment seven years judgment affirmed state considered constitutional question sustained statute thus applied case comes appeal record present evidence adduced trial parties substituted stipulation facts made filed decision state chief justice allowed appeal directed transmission certified transcript record approve practice appear stipulation received approval think adherence rule preparation records important protection whose decision review well see rule following section question presented instance turn upon appreciation facts disputed point turn merits stipulation setting forth charging part indictment recites substance following july held portland meeting advertised handbills issued portland section communist party number persons attendance variously estimated present members communist party estimated exceed per cent attendance members meeting open public without charge questions asked entering respect relation communist party notice meeting advertised protest illegal raids workers halls homes shooting striking longshoremen portland police chairman stated meeting held communist party first speaker dwelt activities young communist league defendant de jonge second speaker member communist party went meeting speak name talk protested conditions county jail action city police relation maritime strike progress portland numerous matters discussed reason raids communist headquarters workers halls offices told workers attacks due efforts part steamship companies stevedoring companies break maritime longshoremen seamen strike hoped break strike pitting longshoremen seamen communist movement also testimony effect defendant asked present work obtaining members communist party requested meeting party held portland following evening bring friends show defiance local police authority assist revolutionary tactics also testimony defendant urged purchase certain communist literature sold meeting meeting still progress raided police meeting conducted orderly manner defendant several others actively conducting meeting arrested police searching hall police found quantity communist literature stipulation set forth various extracts literature communist party show advocacy criminal syndicalism stipulation disclose activity defendant basis prosecution participation meeting question stipulation show communist literature distributed meeting contained advocacy criminal syndicalism unlawful conduct admitted attorney general state argument bar literature distributed meeting sort extracts contained stipulation taken communist literature found elsewhere introduction evidence purpose showing communist party advocate doctrine criminal syndicalism fact disputed appeal stipulation facts condensed statement still much irrelevant light particular charge indictment construed indictment charged follows said dirk de jonge cluster edward denny earl stewart day july county multnomah state oregon unlawfully feloniously preside conduct assist conducting assemblage persons organization society group wit communist party particular description said assemblage persons organization society group grand jury unknown said assemblage persons organization society group unlawfully feloniously teach advocate doctrine criminal syndicalism sabotage contrary statutes cases made provided peace dignity state oregon theory charge criminal syndicalism sabotage advocated meeting question defendant moved acquittal insisting evidence insufficient warrant conviction trial denied motion error respect assigned appeal state put aside contention ruling indictment charge criminal syndicalism sabotage advocated meeting described evidence either defendant one else words indictment assemblage persons organization society group unlawfully feloniously teach advocate doctrine criminal syndicalism sabotage referred meeting question anything said done defendant others advocacy criminal syndicalism sabotage communist party multnomah county ruling state upon point precise said page grounds directed verdict set forth defendant motion therefor note asserts argues indictment charges assemblage spoke unlawfully feloniously teaching advocating doctrine criminal syndicalism sabotage elsewhere motion contends indictment charges defendant unlawfully feloniously teaching advocating said doctrine said meeting indictment however charge defendant assemblage spoke teaching advocating said meeting southwest alder street city portland doctrine criminal syndicalism sabotage indictment charge plain concise language defendant presided conducted assisted conducting assemblage persons organization society group communist party said assemblage persons organization society group unlawfully teaching advocating multnomah county doctrine criminal syndicalism sabotage view lack sufficient evidence illegal advocacy action meeting became immaterial limited charge defendant participation meeting called communist party state sustained conviction upon basis regardless said done meeting must take indictment thus construed conviction upon charge made sheer denial due process thus appears defendant member communist party indicted participating organization joining soliciting members distributing literature charged teaching advocating criminal syndicalism sabotage unlawful acts either meeting elsewhere accordingly deprived benefit evidence orderly lawful conduct meeting called used advocacy criminal syndicalism sabotage unlawful action sole offense charged convicted sentenced imprisonment seven years assisted conduct public meeting albeit otherwise lawful held auspices communist party broad reach statute thus applied plain defendant member communist party membership necessary conviction charge like fate might attended speaker although member conduct meeting however innocuous object meeting however lawful subjects tenor addresses however reasonable timely discussion assisting conduct meeting subject imprisonment felons meeting held communist party manifest result brought sharply bar concessions attoney general made avoid light decision state thus communist party called public meeting portland discuss tariff foreign policy government taxation relief candidacies offices president members congress governor state legislators every speaker assisted conduct meeting equally guilty defendant case upon charge defined sustained list illustrations might indefinitely extended every variety meetings auspices communist party although held discussion political issues adopt protests pass resolutions entirely innocent proper character entitled protect abuse privileges institutions attempted substitution force violence place peaceful political action order effect revolutionary changes government none decisions go length sustaining curtailment right free speech assembly oregon statute demands present application gitlow people state new york new york statute defining criminal anarchy defendant found responsible advocating overthrow government violence unlawful means pages whitney people state california california statute relating criminal syndicalism defendant found guilty willfully deliberately assisting forming organization purpose carrying revolutionary class struggle criminal methods defendant convicted participation amounted conspiracy commit serious crimes pages case burns involved similar ruling california statute extended yosemite national park pages hand fiske kansas criminal syndicalism act state held applied unconstitutionally judgment conviction reversed shown unlawful methods advocated page see also stromberg people state california freedom speech press fundamental rights safeguarded due process clause fourteenth amendment federal constitution gitlow new york supra page stromberg california supra page near minnesota grosjean american press right peaceable assembly right cognate free speech free press equally fundamental said cruikshank idea government republican form implies right part citizens meet peaceably consultation respect public affairs petition redress grievances first amendment federal constitution expressly guarantees right abridgment congress explicit mention argue exclusion elsewhere right one denied without violating fundamental principles liberty justice lie base civil political fourteenth amendment embodies general terms due process clause hebert louisiana powell alabama grosjean american press supra rights may abused using speech press assembly order incite violence crime people legislatures may protect abuse legislative intervention find constitutional justification dealing abuse rights must curtailed greater importance safeguarding community incitements overthrow institutions force violence imperative need preserve inviolate constitutional rights free speech free press free assembly order maintain opportunity free political discussion end government may responsive people changes desired may obtained peaceful means therein lies security republic foundation constitutional government follows considerations consistently federal constitution peaceable assembly lawful discussion made crime holding meetings peaceable political action proscribed assist conduct meetings branded criminals score question rights free speech peaceable assembly preserved auspices meeting held purpose relations speakers whether utterances transcend bounds freedom speech constitution protects persons assembling committed crimes elsewhere formed engaged conspiracy public peace order may prosecuted conspiracy violation valid laws different matter state instead prosecuting offenses seizes upon mere participation peaceable assembly lawful public discussion basis criminal charge called upon review findings state objectives communist party notwithstanding objectives defendant still enjoyed personal right free speech take part peaceable assembly lawful purpose although called party defendant none less entitled discuss public issues day thus lawful manner without incitement violence crime seek redress alleged grievances essence guaranteed personal liberty hold oregon statute applied particular charge defined state repugnant due process clause fourteenth amendment judgment conviction reversed cause remanded proceedings inconsistent opinion reversed justice stone took part consideration decision case footnotes oregon code amended chapter oregon laws criminal syndicalism hereby defined doctrine advocates crime physical violence sabotage unlawful acts methods means accomplishing effecting industrial political change revolution sabotage hereby defined intentional unlawful damage injury destruction real personal property person word mouth writing advocates teaches doctrine criminal syndicalism sabotage prints publishes edits issues knowingly circulates sells distributes publicly displays books pamphlets paper handbill poster document written printed matter form whatsoever containing matter advocating criminal syndicalism sabotage shall organize help organize solicit accept person become member society assemblage persons teaches advocates doctrine criminal syndicalism sabotage person shall orally writing printed matter call together shall distribute circulate written printed matter calling together shall preside conduct assist conducting assemblage persons organization society group teaches advocates doctrine criminal syndicalism sabotage guilty felony upon conviction thereof shall punished imprisonment state penitentiary term less one year years fine imprisonment fine