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Gregory v. City of Chicago
Citations: 22 L. Ed. 2d 134; 89 S. Ct. 946; 394 U.S. 111; 1969 U.S. LEXIS 2295Docket: 60
Court: Supreme Court of the United States; March 10, 1969; Federal Supreme Court; Federal Appellate Court
Petitioners, joined by Chicago police and an assistant city attorney, organized a peaceful march from city hall to the mayor's residence advocating for public school desegregation. After concluding their singing at 8:30 p.m., the march remained lawful; however, the increasing crowd of bystanders became unruly. Chicago police, perceiving a potential civil disorder, ordered the demonstrators to disperse under threat of arrest. When the petitioners did not comply, they were arrested for disorderly conduct. The Court found that the petitioners' peaceful and orderly march was protected under the First Amendment, referencing several prior cases that support this right. The record lacked evidence of any disorderly conduct by the petitioners, aligning with the principle established in Thompson v. City of Louisville that convictions without evidentiary support violate due process. The Illinois Supreme Court indicated that the petitioners were convicted not for their march itself but for their noncompliance with the police order. However, the Court emphasized that it is a denial of due process to convict someone for a charge that was not made. The trial court's jury instructions allowed for convictions based on actions protected by the First Amendment, which necessitated a reversal of the convictions. The charge did not define disorderly conduct in relation to the refusal to obey police orders, further supporting the decision to reverse the judgments.