Banned in Boston · 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 1897 the U.S. Supreme Court agreed that Boston's mayor got to decide who could give a speech on the Common. Oliver Wendell Holmes had already compared the Common to a private house, with the city as the owner. The bronze fountain a few steps in from Park Street is older than the case. Stand by it and look at the paths.
This is stop 1 of Banned in Boston. Walk it - any two stops are free.
The plate
Collected on site
Brewer Fountain Plaza, inside the Common from the Park Street station headhouses
Directions
The rule wasn't only about preachers. The state court read 'public address' to cover sermons, lectures and political speeches on the Common alike.
More footnotes on the story card, in the app.
In these collections: Crime Scenes
Near Park Street · Near Downtown Crossing · Near Boylston · Near Chinatown · Near Bowdoin · Near Government Center · Near State
Sources (4)
- Davis v. Massachusetts, 167 U.S. 43U.S. Supreme Court (text via Cornell LII) · 1897-05-10
- Commonwealth v. Davis, 162 Mass. 510Supreme Judicial Court of Massachusetts, opinion by Holmes, J. (text via masscases.com) · 1895
- Hague v. Committee for Industrial Organization, 307 U.S. 496U.S. Supreme Court (text via Cornell LII) · 1939-06-05
- Brewer FountainFriends of the Public Garden · accessed Oct 2026