First Amendment topicsAbout the First Amendment
 
NAACP v. Button (docket #: 5) (1963)  [Findlaw]

Secondary Link NAACP v. Button  [Legal Information Institute]
Argument Date 11/08/1961
Decided 1/14/1963
Supreme Court Vote 6-3
Note This is one of several First Amendment and civil rights cases argued in the Supreme Court by NAACP counsel Robert L. Carter.
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether a Virginia barratry statute -- which banned the improper solicitation of any legal or professional business -- unconstitutionally burdened the First Amendment freedom of association rights of the petitioner and petitioner’s clients.
 
Case Summary & Additional Resources
Majority Opinion Brennan, J.
Concurring Opinion Douglas, J. & White, J. (concurring in part and dissenting in part)
Dissenting Opinion Harlan, J. (joined by Clark, J. and Stewart, J.)
Lower Court Virginia Supreme Court
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
Reargument  [Oyez]
Lawyers
For Petitioner
Robert L. Carter
For Respondent
Henry T. Wickham
Ruling - Lower Court
N.A.A.C.P. v. Harrison, 116 S.E.2d 55, (Va., 1960)
News
"Championing Rights," The Washington Post, January 20, 1963, sect. E, p. 6
"Curbing the Supreme Court," New York Times, May 9, 1958, p. 22
"Goldberg’s Arrival May Herald Shift in Court Sentiment," The Washington Post, September 30, 1962, sect. A, p. 4
"High Court Hears Race Law Argued," The Washington Post, November 9, 1961. sect. D, p. 11
"High Court Lifts Barrier For NAACP," Los Angeles Times, January 15, 1963, p. 17
"NAACP Units Deny Inciting School Suits," The Washington Post, July 31, 1959, sect. B, p. 10
"Split Decision Is Won By Virginia NAACP In Segregation Suit," The Washington Post, September 3, 1960, sect. B, p. 1
"State Court to Hear Three NAACP Suits," The Washington Post, October 15, 1959, sect. B, p. 10
"Supreme Court, Divided 4-4, Shelves 12 Cases," Los Angeles Times, April 3, 1962, p. 16
"Va. Bar Seeks Ban on NAACP," The Washington Post, June 30, 1959, sect. B, p. 2
"Virginia NAACP Laws To Be Tested Today," The Washington Post, March 23, 1959, p. 2
Other
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION, pp. 429-430
Kalven, Harry Jr., THE NEGRO AND THE FIRST AMENDMENT (1965), pp. 75-90
Yarbrough, Tinsley, JOHN MARSHALL HARLAN: GREAT DISSENTER OF THE WARREN COURT (1992), pp. 213, 236-237
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