''Cox v. Louisiana'', 379 U.S. 536 (1965), is a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case based on the

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...

to the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

. It held that a state government cannot employ "

breach of the peace Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public ord ...

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

s against protesters engaging in peaceable demonstrations that may potentially incite violence.

Background

The case arose after the

picketing Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pick ...

of a segregated restaurant on December 14, 1961, in

Baton Rouge, Louisiana Baton Rouge ( ; ) is a city in and the capital of the U.S. state of Louisiana. Located the eastern bank of the Mississippi River, it is the parish seat of East Baton Rouge Parish, Louisiana's most populous parish—the equivalent of counties i ...

, led to the arrest of 23 student protesters from

Southern University Southern University and A&M College (Southern University, Southern, SUBR or SU) is a public historically black land-grant university in Baton Rouge, Louisiana. It is the largest historically black college or university (HBCU) in Louisiana, a ...

, a black college. The next day, B. Elton Cox, a minister, arranged a protest of 2,000 people at the courthouse where the students were being held. The police agreed to allow the protest as long as it was across the street from the courthouse. Between 100 and 300 whites gathered on the other side of the street. The protesters proceeded in a peaceful orderly fashion, and began to sing songs and hymns causing the jailed students to respond by singing. Cox then gave a speech exhorting the protesters that upon departure from the courthouse, to proceed into downtown to sit at the segregated lunch counters, This caused "muttering" and "grumbling" in the gathering white crowd across the street. The sheriff then ordered the protesters to disperse, but before they could, the police fired

tear gas Tear gas, also known as a lachrymator agent or lachrymator (), sometimes colloquially known as "mace" after the early commercial aerosol, is a chemical weapon that stimulates the nerves of the lacrimal gland in the eye to produce tears. In ad ...

into the black group, injuring some, including minister Cox who was hit in the ankle by a tear gas cannister. No arrests were made then, but the next day Reverend Cox was arrested at a church and charged with four offenses under Louisiana law, criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. This heavy raft of charges Cox held was a pretext to charge exorbitant bail with the design of draining the funds of the local civil rights movement, and silencing his leadership. Cox was later acquitted of criminal conspiracy but convicted of the other three offenses and sentenced to a total of one year and nine months jail time and fined $5,700. In two separate judgments the Louisiana Supreme Court affirmed all three convictions. Both judgments were appealed.State v. Cox, 244 La. 1087, 156 So. 2d 448 (1963). Retrieved 8/14/20 from www.cite.case.law/la/244/1087/3224233/

Social context

All courts adhere to the same judicial standards as the Supreme Court, but local and state courts are more immediately influenced by the political and social environments specific to their location and representative body (Vines 1965: 5). For example, during the 1950s and 1960s, the courts governing states and cities in the

southern United States The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...

were more greatly influenced by the race struggles that they lived with and saw daily than courts in other areas of the country. In contrast to this, the "Supreme Court justices should have no constituency; they are appointed for life to sit as judges over all people." (Steel 1968) Largely for this reason, Southern African Americans much preferred arguing in front of federal courts, where they felt they had a greater chance of being judged fairly and according to the law. Studies during the 1950s and 1960s show that African Americans were correct in their favoring of the federal courts over state, as federal courts decided in favor of African American defendants 60% more often than cases in Southern state courts. (Vines 1965: 10) This caused much tension and strife within the respective Southern state or community and forced the Supreme Court to rule in response to the controversial issues of race and discrimination. By late 1964, when the Supreme Court heard arguments in ''Cox v. Louisiana'', demonstrations and protests marked a change in American society. In a 1965 ''

New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...

'' editorial,

James Reston James Barrett Reston (November 3, 1909 – December 6, 1995), nicknamed "Scotty", was an American journalist whose career spanned the mid-1930s to the early 1990s. He was associated for many years with ''The New York Times.'' Early lif ...

spoke on protest and social change when he said "this rising protest in the nation is having its effect." (Reston 1965: 34) Reston also said "the new activist spirit of the church and the university in America, allied to the modern television and airplane, is now having a profound influence on law and politics in the United States." (Reston 1965) The large scale of demonstrations during this time period gained much public attention, with increased media attention and viewership.

Nielsen ratings Nielsen Media Research (NMR) is an American firm that measures media audiences, including television, radio, theatre, films (via the AMC Theatres MAP program), and newspapers. Headquartered in New York City, it is best known for the Nielsen rat ...

increased 46% more than average during coverage of a 1963 civil rights march in Washington DC. (see Adams, Val. "TV: Coverage of March". ''The New York Times'' August 29, 1963: p. 43.)

Court's decision

Justice Goldberg, writing for the court, overturned Cox's conviction. A film of the protest was a key piece of evidence, countering the State's claim that the singing from the jail turned the peaceful assembly into a riotous one; the judges watched it with rapt attention. The film showed the protest was peaceful until the police joined in. Labor unions were a factor in the Court's decision. Labor unions use

as a common tactic, so any case concerning public assembly is of great interest to labor groups. Justices

Black Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white have o ...

and

Clark Clark is an English language surname, ultimately derived from the Latin with historical links to England, Scotland, and Ireland ''clericus'' meaning "scribe", "secretary" or a scholar within a religious order, referring to someone who was educate ...

made note of the obstruction charge as bad for labor picketing in their opinions, and even stated that the threat to labor picketing was their main reasoning for that decision. (Kalven 1965) In the words of one justice, Hugo L. Black, "Those who encourage minority groups to believe that the United States Constitution and Federal laws give them a right to patrol and picket in the streets whenever they choose, in order to advance what they think to be a just and noble end, do no service to those minority groups, their cause, or their country." (Graham, pg 2) Another link with labor groups is Associate Justice Goldberg, the Justice who delivered the opinion in ''Cox v. Louisiana'', was formerly special counsel to the major labor group the

AFL–CIO The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) is the largest federation of unions in the United States. It is made up of 56 national and international unions, together representing more than 12 million ac ...

(''The New York Times'' July 16, 1960 pg. 7). ''Cox v. Louisiana'' did not provide the response and verdict that some critics believe it could have (Steel, pg. 2) Instead, the Court's response to the

civil rights movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...

was more ambivalent and reflective of white attitudes that were against black protest. Of the three convictions of Cox, (breach of peace, picketing near the courthouse, and obstruction of a public passageway), the justices all agreed that the breach of peace conviction did not stand. The justices disagreed about the convictions of picketing near the courthouse and the obstruction of a public passageway. While the courts did upset the convictions, "the opinions … bristled with cautions and with a lack of sympathy for such forms of protest (Klaven pg. 8)."

References & further research

* Adams, Val. “TV: Coverage of March.” ''The New York Times'' August 29, 1963: p. 43. * Katzenbach, Nicolas DeB. “Protest, Politics, and the First Amendment.” ''Tulane Law Review'' April 1970: p. 444. * Kalven, Harry Jr. “The Concept of the Public Forum: Cox v. Louisiana” ''Supreme Court Review'' Vol. 1965 (1965): p. 8. 9 Graham, p. 2. * Kenneth C. Vines, “Southern State Supreme Courts and Race Relations,” ''Western Political Quarterly'' 18 (1965): p. 5. * Lewis M. Steel, “A critic’s view of the Warren Court – Nine Men in Black Who Think White”, ''The New York Times'' (October 13, 1968). * Reston, James. “Washington : The Rising Spirit of Protest.” ''The New York Times'' March 19, 1965: p. 34. 6 Ibid * "Labor Endorsement of Ticket Expected.” ''The New York Times'' July 16, 1960: p. 7

References

External links