Hess v. Indiana
414 U.S. 105 · Decided November 19, 1973 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Hess v. Indiana was decided on November 19, 1973 by a vote of 6–3. The Court reversed the lower court's decision. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Protest demonstrations” in the First Amendment area.
Read the opinion
Case details
- Citations
- 414 U.S. 105 · 94 S. Ct. 326 · 38 L. Ed. 2d 303 · 1973 U.S. LEXIS 177
- Docket number
- 73-5290
- Decided
- November 19, 1973
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Opinion assigned by
- William O. Douglas
- How the case arrived
- Appeal
- Issue (SCDB)
- Protest demonstrations
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Dissent | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
Full case caption
Hess v. Indiana
SCDB identifiers: case 1973-016, docket 1973-016-01.
Related decisions
Other cases on “Protest demonstrations”
- Norwell v. City of Cincinnati
- Lewis v. City of New OrleansLaw held unconstitutional
- Smith v. GoguenLaw held unconstitutional
- Spence v. WashingtonLaw held unconstitutional
- Police Department of the City of Chicago v. MosleyLaw held unconstitutional
- Grayned v. City of RockfordLaw held unconstitutional
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Plummer v. City of ColumbusLaw held unconstitutional
- Communist Party of Indiana v. WhitcombLaw held unconstitutional
- Heller v. New York
- United States Civil Service Commission v. National Association of Letter Carriers
- Broadrick v. Oklahoma
- Alexander v. Virginia
Same Term, same area (First Amendment)
- Plummer v. City of ColumbusLaw held unconstitutional
- Norwell v. City of Cincinnati
- Musser v. United States
- Communist Party of Indiana v. WhitcombLaw held unconstitutional
- Lewis v. City of New OrleansLaw held unconstitutional
- Smith v. GoguenLaw held unconstitutional
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error