Stop 01 · Boston Common
In the 1890s a public speech on the Common needed the mayor's permit, and Oliver Wendell Holmes said that was fine.
In the 1890s you needed the mayor's permit to make a speech here. The city's ordinances said no person shall 'make any public address' on the public grounds 'except in accordance with a permit from the mayor.' A man named Davis spoke on the Common without one. His lawyer told the U.S. Supreme Court that preaching the gospel on the Common went back to 'time immemorial.' He was convicted. In 1895 the state's highest court upheld it in an opinion by Oliver Wendell Holmes, who wrote that a legislature forbidding speeches in a park was no more an infringement than it is 'for the owner of a private house to forbid it in his house.' In 1897 the U.S. Supreme Court agreed. So the Common was the mayor's living room. It took until 1939, in Hague v. CIO, for Justice Owen Roberts to write that streets and parks 'have immemorially been held in trust for the use of the public,' and that the Boston case didn't settle the question. The fountain is from 1868, the Common's first public art. Four figures, none with a permit.
Look now
Look down the paths. In 1897, anyone giving a speech on them needed the mayor's signature first.
Read more
Davis v. Massachusetts, 167 U.S. 43 (1897) - Cornell Legal Information Institute