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Shuttlesworth v. City of Birmingham (docket #: 42) (1969)  [Findlaw]

Argument Date 10/18/1968
Decided 3/10/1969
Supreme Court Vote 9-0
Note Marshall, J. took no part in the consideration or decision of this case.
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether a Birmingham city ordinance -- which gave public officials the unbridled authority to issue or withhold parade permits without reference to the legitimate regulation of public streets and sidewalks -- unconstitutionally abridged the petitioner's First and Fourteenth Amendment rights.
Majority Opinion Stewart, J.
Concurring Opinion Harlan, J. & Black, J. (concurring in the result)
Lower Court Alabama Supreme Court
Lower Court Ruling First Amendment claim denied.
Lawyers
For Petitioner
Jack Greenberg

For Respondent
Earl McBee

Ruling - Lower Court
Shutlesworth v. Birmingham, 206 So.2d 348 (Ala., 1967)
News
"Dr. King Cleared in ’63 March Case," New York Times, March 11, 1963, p. 1
"King’s Conviction Appealed to Court," The Washington Post, November 19, 1968, sect. A, p. 2
See also Walker v. Birmingham (same facts as this case)

Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES, 2ND (2002), pp. 924,933, 1094
David L. Hudson, Jr., "African-American First Amendment heroes"

Yarbrough, Tinsley, JOHN MARSHALL HARLAN: GREAT DISSENTER OF THE WARREN COURT (1992), pp. 239-240
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