Cox v. Louisiana | |
---|---|
Argued October 21, 1964 Decided January 18, 1965 | |
Full case name | Reverend Mr. B. Elton Cox v. Louisiana |
Citations | 379 U.S. 536 ( more ) 85 S. Ct. 453; 13 L. Ed. 2d 471; 1965 U.S. LEXIS 2008 |
Court membership | |
| |
Case opinions | |
Majority | Goldberg |
Concurrence | Black |
Concurrence | Clark |
Concur/dissent | White |
Laws applied | |
U.S. Const. amend. I |
Cox v. Louisiana, 379 U.S. 536 (1965), is a United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that a state government cannot employ "breach of the peace" statutes against protesters engaging in peaceable demonstrations that may potentially incite violence.
The case arose after the picketing of a segregated restaurant on December 14, 1961, in Baton Rouge, Louisiana, led to the arrest of 23 student protesters from Southern University, a black college. The next day, B. Elton Cox, a minister, arranged a protest of 2,000 people at the courthouse where the students were being held. The police agreed to allow the protest as long as it was across the street from the courthouse.
Between 100 and 300 whites gathered on the other side of the street. The protesters proceeded in a peaceful orderly fashion, and began to sing songs and hymns causing the jailed students to respond by singing.
Cox then gave a speech exhorting the protesters that upon departure from the courthouse, to proceed into downtown to sit at the segregated lunch counters, This caused "muttering" and "grumbling" in the gathering white crowd across the street. The sheriff then ordered the protesters to disperse, but before they could, the police fired tear gas into the black group, injuring some, including minister Cox who was hit in the ankle by a tear gas canister. No arrests were made then, but the next day Reverend Cox was arrested at a church and charged with four offenses under Louisiana law, criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. This heavy raft of charges Cox held was a pretext to charge exorbitant bail with the design of draining the funds of the local civil rights movement, and silencing his leadership. [1] Cox was later acquitted of criminal conspiracy but convicted of the other three offenses and sentenced to a total of one year and nine months jail time and fined $5,700. In two separate judgments the Louisiana Supreme Court affirmed all three convictions. Both judgments were appealed. [2]
All courts adhere to the same judicial standards as the Supreme Court, but local and state courts are more immediately influenced by the political and social environments specific to their location and representative body (Vines 1965: 5). For example, during the 1950s and 1960s, the courts governing states and cities in the southern United States were more greatly influenced by the race struggles that they lived with and saw daily than courts in other areas of the country. In contrast to this, the "Supreme Court justices should have no constituency; they are appointed for life to sit as judges over all people." (Steel 1968) Largely for this reason, Southern African Americans much preferred arguing in front of federal courts, where they felt they had a greater chance of being judged fairly and according to the law. Studies during the 1950s and 1960s show that African Americans were correct in their favoring of the federal courts over state, as federal courts decided in favor of African American defendants 60% more often than cases in Southern state courts. (Vines 1965: 10) This caused much tension and strife within the respective Southern state or community and forced the Supreme Court to rule in response to the controversial issues of race and discrimination.
By late 1964, when the Supreme Court heard arguments in Cox v. Louisiana, demonstrations and protests marked a change in American society. In a 1965 New York Times editorial, James Reston spoke on protest and social change when he said "this rising protest in the nation is having its effect." (Reston 1965: 34) Reston also said "the new activist spirit of the church and the university in America, allied to the modern television and airplane, is now having a profound influence on law and politics in the United States." (Reston 1965) The large scale of demonstrations during this time period gained much public attention, with increased media attention and viewership. Nielsen ratings increased 46% more than average during coverage of a 1963 civil rights march in Washington DC. (see Adams, Val. "TV: Coverage of March". The New York Times August 29, 1963: p. 43.)
Justice Goldberg, writing for the court, overturned Cox's conviction.
A film of the protest was a key piece of evidence, countering the State's claim that the singing from the jail turned the peaceful assembly into a riotous one; the judges watched it with rapt attention. The film showed the protest was peaceful until the police joined in.
Labor unions were a factor in the Court's decision. Labor unions use picketing as a common tactic, so any case concerning public assembly is of great interest to labor groups. Justices Black and Clark made note of the obstruction charge as bad for labor picketing in their opinions, and even stated that the threat to labor picketing was their main reasoning for that decision. (Kalven 1965) In the words of one justice, Hugo L. Black, "Those who encourage minority groups to believe that the United States Constitution and Federal laws give them a right to patrol and picket in the streets whenever they choose, in order to advance what they think to be a just and noble end, do no service to those minority groups, their cause, or their country." (Graham, pg 2) Another link with labor groups is Associate Justice Goldberg, the Justice who delivered the opinion in Cox v. Louisiana, was formerly special counsel to the major labor group the AFL–CIO (The New York Times July 16, 1960 pg. 7).
Cox v. Louisiana did not provide the response and verdict that some critics believe it could have (Steel, pg. 2) Instead, the Court's response to the civil rights movement was more ambivalent and reflective of white attitudes that were against black protest. Of the three convictions of Cox, (breach of peace, picketing near the courthouse, and obstruction of a public passageway), the justices all agreed that the breach of peace conviction did not stand. The justices disagreed about the convictions of picketing near the courthouse and the obstruction of a public passageway. While the courts did upset the convictions, "the opinions ... bristled with cautions and with a lack of sympathy for such forms of protest (Klaven pg. 8)."
The American Civil Liberties Union (ACLU) is an American nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, Washington, D.C., and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.
Thurgood Marshall was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall was a prominent figure in the movement to end racial segregation in American public schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in Brown v. Board of Education, which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative.
Hugo Lafayette Black was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections.
Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), was a landmark decision of the Supreme Court of the United States holding that the Commerce Clause gave the U.S. Congress power to force private businesses to abide by Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in public accommodations.
Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.
Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse.
Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
United States v. O'Brien, 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end.
Brown v. Louisiana, 383 U.S. 131 (1966), was a United States Supreme Court case based on the First Amendment in the U.S. Constitution. It held that protesters have a First and Fourteenth Amendment right to engage in a peaceful sit-in at a public library. Justice Fortas wrote the plurality opinion and was joined by Justice Douglas and Justice Warren. Justices Brennan and Byron White concurred. Justices Black, Clark, Harlan and Stewart dissented.
Thornhill v. Alabama, 310 U.S. 88 (1940), is a US labor law case of a United States Supreme Court. It reversed the conviction of the president of a local union for violating an Alabama statute that prohibited only labor picketing. Thornhill was peaceably picketing his employer during an authorized strike when he was arrested and charged. In reaching its decision, Associate Justice Frank Murphy wrote for the Supreme Court that the free speech clause protects speech about the facts and circumstances of a labor dispute. The statute in the case prohibited all labor picketing, but Thornhill added peaceful labor picketing to the area protected by free speech.
Adderley v. Florida, 385 U.S. 39 (1966), was a United States Supreme Court case regarding whether arrests for protesting in front of a jail were constitutional.
Bell v. Maryland, 378 U.S. 226 (1964), provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the United States Constitution. However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed.
The Jim Crow laws were state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced racial segregation, "Jim Crow" being a pejorative term for an African American. Such laws remained in force until 1965. Formal and informal segregation policies were present in other areas of the United States as well, even if several states outside the South had banned discrimination in public accommodations and voting. Southern laws were enacted by white "Redeemers"-dominated state legislatures to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era. Such continuing racial segregation was also supported by the successful Lily-White Movement of Southern Republicans.
Frisby v. Schultz, 487 U.S. 474 (1988), was a case in which the Supreme Court of the United States upheld the ordinance by the town of Brookfield, Wisconsin, preventing protest outside of a residential home. In a 6–3 decision, the Court ruled that the First Amendment rights to freedom of assembly and speech was not facially violated. The majority opinion, written by Justice Sandra Day O'Connor, concluded that the ordinance was constitutionally valid because it was narrowly tailored to meet a "substantial and justifiable" interest in the state; left open "ample alternative channels of communication"; and was content-neutral.
Garner v. Louisiana, 368 U.S. 157 (1961), was a landmark case argued by Thurgood Marshall before the US Supreme Court. On December 11, 1961, the court unanimously ruled that Louisiana could not convict peaceful sit-in protesters who refused to leave dining establishments under the state's "disturbing the peace" laws.
Chicago Police Dept. v. Mosley, 408 U.S. 92 (1972), was a United States Supreme Court case which concerned freedom of speech under the First Amendment. Oral argument for this case was consolidated with Grayned v. City of Rockford, but separate opinions were issued for each. Earl Mosley had protested employment discrimination by carrying a sign on the sidewalk in front of a Chicago high school, until the city of Chicago made it illegal to do so. Although Chicago believed that its ordinance was a time, place, or manner restriction, and therefore was a constitutional law, the Supreme Court ruled that it was a content-based restriction, because it treated labor-related protests differently from other protests. Since the ordinance did not meet the higher standards for content-based restrictions, it was ruled unconstitutional.
Benjamin Elton Cox was an American civil rights movement activist and preacher. Cox participated in the 1961 Freedom Riders protest and was interviewed in the 2010 film of the same name.
Bruce Carver Boynton was an American civil rights leader who inspired the Freedom Riders movement and advanced the cause of racial equality by a landmark supreme court case Boynton v. Virginia.
Carey v. Brown, 447 U.S. 455 (1980), is a decision of the United States Supreme Court dealing with freedom of speech under the First Amendment. A law passed by the state of Illinois had banned picketing in front of residences, but it had made an exception for labor disputes. A group of activists challenged the law after being convicted for protesting in front of the home of the mayor of Chicago regarding a lack of racial integration. The Court found that the law's distinction–based on the subject matter of a protest–was unjustified and unconstitutional.