Shuttlesworth v. City of Birmingham
Shuttlesworth v. City of Birmingham | |
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Holding | |
The Court held that (1) even though the actual construction of § 1159 of the Birmingham General City Code was unconstitutional, the judicial construction of the ordinance prohibited only standing or loitering on public property that obstructed free passage, but it was unclear from the record, whether the literal or judicial construction was applied; and (2) the literal construction of § 1159 of the Birmingham General City Code was unconstitutional, and the statutory application revealed that it applied to the enforcement of an officer's order in directing vehicular traffic. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Warren, Black, Douglas, Brennan, White, Fortas |
Concurrence | Harlan |
Marshall took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. XIV |
Shuttlesworth v. Birmingham, 394 U.S. 147 (1969), was a United States Supreme Court case in which the Supreme Court struck down a Birmingham, Alabama ordinance that prohibited citizens from holding parades and processions on city streets without first obtaining a permit.
Background
The Petitioner was
Opinion of the Court
Writing for the court, Justice Potter Stewart held that (1) even though the actual construction of § 1159 of the Birmingham General City Code was unconstitutional, the judicial construction of the ordinance prohibited only standing or loitering on public property that obstructed free passage, but it was unclear from the record, whether the literal or judicial construction was applied; and (2) the literal construction of § 1159 of the Birmingham General City Code was unconstitutional, and the statutory application revealed that it applied to the enforcement of an officer's order in directing vehicular traffic. Even though Justice Stewart's opinion for the Court mentioned that "the Supreme Court of Alabama performed a remarkable job of plastic surgery upon the face of the ordinance", the Court reversed Shuttlesworth's conviction because the circumstances indicated that the parade permit was denied not to control traffic, but to censor ideas.
See also
- List of United States Supreme Court cases, volume 394
- Brown v. Board of Education
- Birmingham campaign
External links
- Works related to Shuttlesworth v. City of Birmingham at Wikisource
- Text of Shuttlesworth v. City of Birmingham, 394 U.S. 147 (1969) is available from: Findlaw Justia Library of Congress Oyez (oral argument audio)