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Supreme Court — Part 6
Page 17
17 / 108
14 Hague vs. Committee for Industrial Organization.
ference with Hberty of the person, or to the conspiracy to deport,
exclude, and interfere bodily with the respondents in prrsuit of
their peaceabic activities, the decree contains a saving clause of
which the following is typical: “except in so far as such Personal
restraint is in aecordance with any right of search and seizure.”
Tn the light of this reservation we think there yas no occasion for
the Cirenit Court of Appeals to diseuss the question whether exemp-
tion from the scarehes and sciztres proseribed by the Fourth
Amendment is afforded by the privileges and immunities clause of
the Fourteenth, and we have no oteasion to consider or decide any
such question,
Third. Tt remains to consider the objections to the decree. . Sec-
tion A deals with liberty of the person and prohibits the petitioners
from ezelnding or remaving the respondents or persons acting
with them from Jersey City, exercising personal restraint over
them withont warrant or confining them without lawful arrest and
production of them for prompt judicial hearing, saving lawful
search and seizure; or interfering with their free acersa to the
streets, parks, or public places of the city. The argument is that
this section of the decree is so vague in its terms as to be impractical
of enforcement or obedience. We agree with the court below that
the objection is not well founded.
Section B deals with liberty of the mind. Paragraph 1} enjeing
the petitioners from interfering with the right of the respondents,
their agents and those acting with them, to communicate their
views as individuals to others on the streets in an orderly and
peaceable manner, It reserves to the petitioners full liberty to
enforce law and order by lawful search and seizure or by arrest and
production before a judicial officer. We think this paragraph un-
assailable.
Paragraphs 2? and 3 enjoin interference with the distribution of
ciretlars, handbills and plaeards. The decree attempts to formu-
late the conditions under which respondents and their sympathizers
may distribute such literature free of interference. The ordinance
absolutely prohibiting such distribution is void under our decision
in Lovell v. Griffin, supra, and petitionera so concede, We think
the decree rors ton far, All respondents are entitled to is a deeree
declaring the ordinance void and enjoining the petitioners frem en-
forcing it.
Hague vs. Committee for Industrial Organization. 15
o with public meetings. Although the
eourt below held the ordinance yoid, the deerce enjoins the pe
iti ag to the manner in which they shall administer it
whew ican initial command that the petitioners shall not pine viding
ious restraint’? upon the respondents in respect 0 polaing
meetin ovided they apply for a permit as required by the or
vance this is foflowed by an enumeration of the conditions under
whieh wit may be granted or denied. We think this is wrong.
vAe the oedinance is void, the respondents are entitled to a fer
declaring and an injunction against its nanan ty ae pee
tioners. They are Free to hold meetin ee a an
i to the terms of the d -
vith ee the ordinance, as the decree, in effect, does. lain.
othe bill should be dismissed as to all save the individual HM ais
tiffs. and Section B, paragraphs 2, 3 and 4 or the deere ld _
be modified as indicated. In other respects the
affirmed.
Paragraph 4 has to d
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