Davis v. Commonwealth of Massachusetts
Encyclopedia
Davis v. Commonwealth of Massachusetts, 167 U.S. 43 (1897), was a case in which the Supreme Court of the United States
sustained a conviction of a man for making a speech on Boston Common
in violation of an ordinance that forbade the making of a public address there without a permit from the mayor.
It was alleged by the prosecution that Davis made a speech on Boston Common
without a permit. Davis was brought before the Municipal Court of the City of Boston and convicted of violating section 66.
, where Davis renewed a motion which he had interposed in the municipal court to quash the complaint. There were seven reasons argued to support the motion; among these was the assertion that the ordinance violated the rights alleged to be secured to the accused by the constitution of the state, and by the Fourteenth Amendment
. The motion to quash being overruled by the Superior Court, Davis was tried before the court and a jury.
At the trial the government put in evidence the ordinance heretofore referred to, and called the attention of the court to sections 35 and 39 of chapter 448 of the acts passed by the legislature of Massachusetts
in the year 1854. Davis was convicted and subsequently appealed to the Supreme Court.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
sustained a conviction of a man for making a speech on Boston Common
Boston Common
Boston Common is a central public park in Boston, Massachusetts. It is sometimes erroneously referred to as the "Boston Commons". Dating from 1634, it is the oldest city park in the United States. The Boston Common consists of of land bounded by Tremont Street, Park Street, Beacon Street,...
in violation of an ordinance that forbade the making of a public address there without a permit from the mayor.
Facts of the case
Section 66 of the Revised Ordinances of the City of Boston (1893) reads as follows:
'Sec. 66. No person shall, in or upon any of the public grounds, make any public address, discharge any cannon or firearm, expose for sale any goods, wares or merchandise, erect or maintain any booth, stand, tent or apparatus for the purposes of public amusement or show, except in accordance with a permit from the mayor.'
It was alleged by the prosecution that Davis made a speech on Boston Common
Boston Common
Boston Common is a central public park in Boston, Massachusetts. It is sometimes erroneously referred to as the "Boston Commons". Dating from 1634, it is the oldest city park in the United States. The Boston Common consists of of land bounded by Tremont Street, Park Street, Beacon Street,...
without a permit. Davis was brought before the Municipal Court of the City of Boston and convicted of violating section 66.
Prior history
The proceedings were removed to the Superior Court of the county of SuffolkSuffolk County, Massachusetts
Suffolk County has no land border with Plymouth County to its southeast, but the two counties share a water boundary in the middle of Massachusetts Bay.-National protected areas:*Boston African American National Historic Site...
, where Davis renewed a motion which he had interposed in the municipal court to quash the complaint. There were seven reasons argued to support the motion; among these was the assertion that the ordinance violated the rights alleged to be secured to the accused by the constitution of the state, and by the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The motion to quash being overruled by the Superior Court, Davis was tried before the court and a jury.
At the trial the government put in evidence the ordinance heretofore referred to, and called the attention of the court to sections 35 and 39 of chapter 448 of the acts passed by the legislature of Massachusetts
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
in the year 1854. Davis was convicted and subsequently appealed to the Supreme Court.