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Workers against the CityThe Fight for Free Speech in Hague v. CIO$
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Donald W. Rogers

Print publication date: 2020

Print ISBN-13: 9780252043468

Published to Illinois Scholarship Online: May 2021

DOI: 10.5622/illinois/9780252043468.001.0001

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The U.S. Supreme Court Decisions

The U.S. Supreme Court Decisions

“Time Out of Mind”?

(p.144) 5 The U.S. Supreme Court Decisions
Workers against the City

Donald W. Rogers

University of Illinois Press

This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics explain affirmation of the district court injunction. Observing flux in court personnel and law, the chapter shows that both courts embraced the contemporaneous civil liberties revolution by defending worker speech and assembly rights, but it reveals the Supreme Court as divided over constitutional logic. Justice Owen Roberts’s plurality opinion upheld speech and assembly rights under the Fourteenth Amendment privileges and immunities clause, Justice Harlan Fiske Stone’s concurrence incorporated the First Amendment into the Fourteenth Amendment due-process clause, and dissenters rejected federal jurisdiction. The ruling reflected the contentious evolution of civil liberties jurisprudence, not antiboss or labor law politics.

Keywords:   Third Circuit, Supreme Court, Charles Evans Hughes, Owen Roberts, Harlan Fiske Stone, privileges and immunities, due process, First Amendment, speech, assembly, civil liberties

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