cox new hampshire argued march decided march hayden covington joseph rutherford brooklyn appellants frank kenison conway appellee chief justice hughes delivered opinion appellants five witnesses others persuasion convicted municipal manchester new hampshire violation state statute prohibiting procession upon public street without special license upon appeal trial de novo appellants jury superior defendants agreed abide final decision proceeding appellants found guilty judgment conviction affirmed state state cox motions exceptions appellants raised questions statute invalid fourteenth amendment constitution deprived appellants rights freedom worship freedom speech press freedom assembly vested unreasonable unlimited arbitrary discriminatory powers licensing authority vague indefinite contentions overruled case comes appeal statutory prohibition follows new hampshire chap sec theatrical dramatic representation shall performed exhibited parade procession upon public street way public meeting upon ground abutting thereon shall permitted unless special license therefor shall first obtained selectmen town licensing committee cities hereinafter provided provisions licensing set forth margin facts conceded appellants established evidence defendants twenty persons met hall city manchester evening saturday july purpose engaging information march company divided four five groups fifteen twenty persons group proceeded different part business district city line formation proceed march along sidewalk following one another defendants carried small staff sign reading snare racket reverse god christ king marchers carried placards bearing statement freedom hear judge rutherford face facts marchers also handed printed leaflets announcing meeting held later time hall started talk government given public free charge defendants apply permit none issued dispute evidence distance marchers defendants said fifteen twenty feet apart state insists evidence clearly showed close together possible walk appellants concede dispute material questions presented recital facts prefaced opinion state thus summarizes effect march population testimony saturday nights hour time persons passed one intersections defendants marched marchers interfered normal sidewalk travel technical breach peace occurred march prearranged affair permit sought although defendants understood statute one required appellants urge defendants minister ordained preach gospel accordance belief participation ministers march purpose disseminating information public interest one ways worship sole charge appellants part parade procession public streets without permit statute required prosecuted distributing leaflets conveying information placards otherwise issuing invitations public meeting holding public meeting maintaining expressing religious beliefs right one things apart engaging procession upon public street involved question validity statute addressed sort conduct complained us appears ground challenging ruling state appellants fact engaged parade procession upon public streets state observed march formation advertising informatory purpose make otherwise immaterial tactics simple enough proceeded ordered close file collective body persons city streets civil liberties guaranteed constitution imply existence organized society maintaining public order without liberty lost excesses unrestrained abuses authority municipality impose regulations order assure safety convenience people use public highways never regarded inconsistent civil liberties rather one means safeguarding good order upon ultimately depend control travel streets cities familiar illustration recognition social need restriction use highways relation designed promote public convenience interest disregarded attempted exercise civil right circumstances entitled protection one justified ignoring familiar red traffic light thought religious duty disobey municipal command sought means direct public attention announcement opinions regulation use streets parades processions traditional exercise control local government question particular case whether control exerted deny unwarrantedly abridge right assembly opportunities communication thought discussion public questions immemorially associated resort public places lovell griffin hague committee industrial tion schneider state new jersey cantwell connecticut instant case aided opinion state construed statute defined limitations authority conferred granting licenses parades processions observed clause act requiring license public meetings upon land contiguous highway invalid invalidity nullify act application situations described recognizing importance civil liberties invoked appellants thought significant statute prescribed measures controlling suppressing publication highways facts opinions either speech writing communication distribution literature display placards signs respect regulated statute regulation respect parades processions applicable organized formations persons using highways defendants separately collectively groups constituting parade procession contemplation act light thought interference liberty speech writing seemed slight distribution pamphlets folders groups unorganized fashion large circulation carried members groups marching formation conspicuous published parade procession view limited objective statute state considered defined duty licensing authority rights appellants license parade regard considerations time place manner conserve public convenience obvious advantage requiring application permit noted giving public authorities notice advance afford opportunity proper policing observed fixing time place license served prevent confusion overlapping parades processions secure convenient use streets travelers minimize risk disorder held licensing board vested arbitrary power unfettered discretion discretion must exercised method treatment upon facts application free improper inappropriate considerations unfair discrimination consistent order treatment reference convenience public use highways statutory mandate defendants said right act license march required investigation found convenience public use streets thereby unduly disturbed upon conditions changes time place manner avoid disturbance municipality authority control use public streets parades processions undoubtedly denied authority give consideration without unfair discrimination time place manner relation proper uses streets find impossible say limited authority conferred licensing provisions statute question thus construed state contravened constitutional right remains question license fees said permissible range nominal amount construed act requiring reasonable fixing amount fee charge said circus parade celebration procession length drawing crowds observers take account greater public expense policing spectacle compared slight expense less expansive attractive parade procession charge adjusted fee held revenue tax one meet expense incident administration act maintenance public order matter licensed nothing contrary constitution charge fee limited purpose stated suggestion flat fee charged fails take account difficulty framing fair schedule meet circumstances perceive constitutional ground denying local governments flexibility adjustment fees light varying conditions tend conserve rather impair liberty sought evidence statute administered otherwise fair manner state construed require decisions upon appellants rely applicable lovell griffin supra ordinance prohibited distribution literature kind time place manner without permit city manager thus striking foundation freedom press subjecting license censorship hague committee industrial organization supra ordinance dealt exercise right assembly purpose communicating views make comfort convenience use streets standard official action enabled local official absolutely refuse permit mere opinion refusal prevent disturbances disorderly assemblage nance thus created record disclosed instrument arbitrary suppression opinions public questions said official suppression privilege made substitute duty maintain order connection exercise right schneider state supra page page ordinance directed canvassing banned unlicensed communication views advocacy cause door door subject power police officer determine censor literature might distributed might distribute cantwell connecticut supra page page statute dealt solicitation funds religious causes authorized official determine whether cause religious one refuse permit determined thus establishing censorship religion question peaceful picketing involved thornhill alabama carlson people california statute state said aimed restraint freedom speech basis assumption applied prevent peaceful picketing described cases cited argument freedom worship also beside point interference religious worship practice religion proper sense shown exercise local control use streets parades processions judgment new hampshire affirmed affirmed footnotes new hampshire chap sections follows licensing board city may create licensing board consist person active head police department mayor city one person shall appointed city government board shall delegated powers investigate decide question granting licenses chapter may grant revocable blanket licenses fraternal like organizations theatres undertakers licenses fees every special license shall writing shall specify day hour permit perform exhibit parade procession public meeting every licensee shall pay advance license use city town sum three hundred dollars day licensee shall perform exhibit parade procession public meeting shall take place fee license exhibit hall shall exceed fifty dollars penalty person shall violate provisions proceeding sections shall fined five hundred dollars shall duty selectmen prosecute every violation chapter