Smith v. Goguen
415 U.S. 566 · Decided March 25, 1974 · 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
Smith v. Goguen was decided on March 25, 1974 by a vote of 6–3. The Court affirmed the lower court's decision. Justice Lewis F. Powell Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Protest demonstrations” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 415 U.S. 566 · 94 S. Ct. 1242 · 39 L. Ed. 2d 605 · 1974 U.S. LEXIS 113
- Docket number
- 72-1254
- Decided
- March 25, 1974
- Argued
- November 12, 1973
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Majority opinion
- Lewis F. Powell Jr.
- Opinion assigned by
- William O. Douglas
- How the case arrived
- Appeal
- Issue (SCDB)
- Protest demonstrations
- Issue area
- First Amendment
- Legal provision
- Fourteenth Amendment (due process)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- 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 | Special concurrence | Wrote an opinion |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Majority | Wrote an opinion |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
Full case caption
Smith, Sheriff v. Goguen
SCDB identifiers: case 1973-075, docket 1973-075-01.
Related decisions
Other cases on “Protest demonstrations”
- Lewis v. City of New OrleansLaw held unconstitutional
- Spence v. WashingtonLaw held unconstitutional
- Hess v. Indiana
- Norwell v. City of Cincinnati
- Police Department of the City of Chicago v. MosleyLaw held unconstitutional
- Grayned v. City of RockfordLaw held unconstitutional
Cases on the same legal provision: Fourteenth Amendment (due process)
- Mitchell v. W. T. Grant Co.Altered precedent
- Donnelly v. Dechristoforo
- Calero-Toledo v. Pearson Yacht Leasing Co.
- Blackledge v. Perry
- Cleveland Board of Education v. Lafleur
- Vachon v. New Hampshire
Same Term, same area (First Amendment)
- Plummer v. City of ColumbusLaw held unconstitutional
- Norwell v. City of Cincinnati
- Musser v. United States
- Hess v. Indiana
- Communist Party of Indiana v. WhitcombLaw held unconstitutional
- Lewis v. City of New OrleansLaw 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