United States v. Johnson (1968)

United States v. Johnson
N.D. Ga. 1967); probable jurisdiction noted, 389 U.S. 910 (1967).
Court membership
Chief Justice Earl Warren Associate Justices John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Abe Fortas · Thurgood Marshall
Case opinions
Majority	Douglas, joined by Warren, Brennan, White, Fortas
Dissent	Stewart, joined by Black, Harlan
Marshall took no part in the consideration or decision of the case.
Laws applied
Title II of the Civil Rights Act of 1964

United States v. Johnson, 390 U.S. 563 (1968), was a United States Supreme Court case.

Background

. Defendants were outsiders not connected with the restaurant. The District Court granted a motion to dismiss the indictment on the ground that 207(b) of the Civil Rights Act of 1964 makes the provision for relief by injunction the exclusive remedy under the Act. (269 F Supp 706)

Opinion of the Court

Justice Douglas reversed for a 5-3 majority. He held that the provisions of 207(b) of the Civil Rights Act of 1964 making the remedies provided in Title II of the Act the exclusive means of enforcing rights based on such part do not preclude a criminal prosecution of the defendants under 18 USC 241, since the exclusive-remedy provision applies only to enforcement of substantive rights to public accommodations against proprietors and owners, and does not purport to deal with outsiders who use violence against those who assert their rights under the Act.

Dissent

Justice Stewart dissented on the ground that the plain language of the exclusive remedies clause clearly precludes a criminal prosecution for interfering with rights secured by Title II of the Act.

External links

• Text of United States v. Johnson, 390 U.S. 563 (1968) is available from: Justia  Library of Congress  Oyez (oral argument audio)