Gregory v. City of Chicago

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Gregory v. Chicago
Seal of the United States Supreme Court.svg
Argued December 10, 1968
Decided March 10, 1969
Full case name Dick Gregory, et al. v. City of Chicago
Citations 394 U.S. 111 (more)
89 S. Ct. 946; 22 L. Ed. 2d 134; 1969 U.S. LEXIS 2295
Prior history Certiorari to the Supreme Court of Illinois, 39 Ill. 2d 47, 233 N.E.2d 422 (1968)
Convictions of Gregory and others were reversed for lack of evidence and improper instructions to the jury.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Abe Fortas · Thurgood Marshall
Case opinions
Majority Warren, joined unanimously
Concurrence Black, joined by Douglas
Concurrence Harlan
Laws applied
U.S. Const. amends. I, XIV

Gregory v. Chicago, 394 U.S. 111 (1969), was a United States Supreme Court case in which the Court overturned the disorderly conduct charges against Dick Gregory and others for peaceful demonstrations in Chicago.[1]


Social activists, including comedian Dick Gregory, protested against school segregation in Chicago, Illinois in 1969. Twelve years earlier, in Brown v. Board of Education, the U.S. Supreme Court ruled school segregation unconstitutional. The protesters marched from Chicago's city hall to the mayor's residence. After concluding the march, bystanders began to act unruly, and police asked the protesters to disperse. The protesters did not disperse and were consequently arrested, and subsequently convicted by a jury, of violating Chicago's disorderly conduct ordinance. The protesters appealed to the Illinois Supreme Court. That court upheld their conviction, holding that the protesters' refusal to obey the police order justified the convictions.[2] Aided by the ACLU, the protesters appealed to the US Supreme Court.

Opinion of the Court

The US Supreme Court, in a unanimous decision, overturned the conviction for several reasons:

  • "Petitioners were denied due process since there was no evidence to support their convictions"
  • "The convictions were for demonstrating, not for refusing to obey police orders."
  • "The trial judge's charge allowed the jury to convict for acts protected by the First Amendment. Stromberg v. California"

Justice Hugo Black, in a concurring opinion, argued that arresting demonstrators as a consequence of unruly behavior of bystanders would amount to a "heckler's veto."[3]

See also


  1. ^ Gregory v. City of Chicago, 394 U.S. 111 (1969).  This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the United States.
  2. ^ City of Chicago v. Gregory, 39 Ill. 2d 47, 233 N.E.2d 422 (1968).
  3. ^ The Heckler's Veto: A Reexamination

External links

  • Text of Gregory v. Chicago, 394 U.S. 111 (1969) is available from:  CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio) 
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