Supreme Court of the United States
Gregory v. City of Chicago
March 10, 1969394 U.S. 111
Summary
The Court reversed the convictions because the record contained no evidence that the petitioners' peaceful, orderly march was disorderly, and due process forbids conviction without evidentiary support. The convictions also rested on a theory that had not been charged and on jury instructions broad enough to permit conviction for constitutionally protected conduct. Justices Black, Harlan, and Douglas concurred, emphasizing the ordinance's breadth and the constitutional defect in the jury instructions, while Stewart and White concurred in the judgment on the jury-instruction ground.
Holding
- Whether due process permits convictions for disorderly conduct without evidentiary support. No. Because the petitioners' march was peaceful and orderly and the record contained no evidence of disorderly conduct, their convictions violated due process.
- Whether the petitioners could be convicted for refusing to disperse when they were charged with disorderly conduct in connection with the demonstration. No. The convictions could not be sustained on the theory that the petitioners refused a police order because they were charged and convicted for holding a demonstration, not for refusing to obey a police officer.
- Whether the jury instructions permitted conviction on constitutionally protected grounds. Yes. The trial judge's charge permitted the jury to convict for acts protected by the First Amendment, independently requiring reversal.
Docket 60