In the 1940 case of Cox et al. v. New Hampshire, the U.S. Supreme Court upheld a state law requiring permits for parades or processions on public streets. The appellants were Jehovah's Witnesses who had been convicted and fined for violating this statute by conducting a religious parade without obtaining a permit from local authorities first. They argued that their First Amendment rights to freedom of speech and religion were violated by this requirement, but the court disagreed in an unanimous decision written by Chief Justice Charles Evans Hughes. The court held that while these freedoms are fundamental, they do not confer an absolute right to use public property like streets and parks as one wishes at any time; such uses can be regulated in order to ensure safety and convenience for all members of society. It also found no evidence that the permitting system was being used discriminatorily against certain groups or viewpoints - it was simply a content-neutral means of coordinating use of public space which did not infrac upon constitutional rights.

In the dissenting opinion for Cox et al. v. New Hampshire, Justice Hugo Black argued that the First Amendment should protect peaceful parades and meetings on public streets without requiring a permit from local authorities. He believed that such requirements could potentially be used to suppress unpopular views or ideas, thus infringing upon free speech rights. Furthermore, he contended that it was not necessary to impose fees as a condition of exercising these fundamental freedoms since this might also serve as a deterrent against their exercise by those who cannot afford them. In his view, freedom of assembly and expression were essential components of democracy which should not be subjected to financial constraints or arbitrary administrative decisions.