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Constitutional Law Keyed to Stone
Davis v. Massachusetts
Citation:
167 U.S. 43 (1897)Facts
The plaintiff in error, Davis, was charged with making a public address on Boston Common without first obtaining a permit from the mayor as required by Section 66 of the revised ordinances of Boston. The ordinance prohibited anyone from making a public address on public grounds without mayoral permission. Davis challenged the ordinance as unconstitutional, claiming it violated his rights under the Fourteenth Amendment. The Massachusetts Supreme Judicial Court upheld the conviction, finding that the legislature had complete control over the common and could delegate regulatory authority to the city. The court determined that Boston Common was subject to legislative control, and the state could limit its use as it deemed appropriate, including by delegating regulatory authority to municipal officials.
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