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Edwards v. South Carolina (docket #: 86) (1963)  [Findlaw]

Secondary Link Edwards v. South Carolina  [Legal Information Institute]
Argument Date 12/13/1962
Decided 02/25/1963
Supreme Court Vote 8-1
Note Feiner v. New York (1951) distinguished on the basis of the absence of any violence or threats of violence by marchers.
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether the First Amendemnt was violated when civil rights protestors, marching in front of state house, refused to disperse when a crowd gathered.
Majority Opinion Stewart, J.
Dissenting Opinion Clark, J.
Lower Court South Carolina Supreme Court
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Jack Greenberg

For Respondent
Daniel McLeod

Ruling - Lower Court
State v. Edwards, 123 S.E.2d 247, (S.C., 1961)
News
"187 Negroes Win Voided Sentences," New York Times, February 26, 1963, p. 1
"187 Negroes Win Voided Sentences," New York Times, February 26, 1963, p. 1
"Jail Negroes For March On S.C. Capitol," Chicago Daily Trubune, March 3, 1961, p. 14
"Protecting Speech," The Washington Post, February 27, 1963, sect. A, p. 16
"S.C. Jails 188 Negro Protesters," The Washington Post, March 3, 1961, sect. A, p. 5
Other
Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 322-323
Kalven, Harry, THE NEGRO & THE FIRST AMENDMENT (1965), pp. 141-146
Yarbrough, Tinsley, JOHN MARSHALL HARLAN: GREAT DISSENTER OF THE WARREN COURT (1992), pp. 239-240
 

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