Barr v. City of Columbia

Last updated
Barr v. City of Columbia
Seal of the United States Supreme Court.svg
Argued October 14–15, 1963
Decided June 22, 1964
Full case nameCharles F. Barr, et al. v. City of Columbia
Citations378 U.S. 146 ( more )
84 S. Ct. 1734; 12 L. Ed. 2d 766; 1964 U.S. LEXIS 820
Case history
PriorConviction affirmed, 239 S.C. 395, 123 S.E.2d 521, cert. granted, 374 U.S. 804(1963).
Holding
The state breach of the peace convictions could not stand as there was no evidence to support them, and the criminal trespass convictions were reversed for the reasons stated in Bouie v. City of Columbia .
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
Tom C. Clark  · John M. Harlan II
William J. Brennan Jr.  · Potter Stewart
Byron White  · Arthur Goldberg
Case opinions
MajorityBlack, joined by unanimous
ConcurrenceDouglas
ConcurrenceGoldberg, joined by Warren
Laws applied
US Const. amend. XIV

Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. [1] The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia , which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws. [2]

Contents

Background

Five African American students from Benedict College went to the Taylor Street Pharmacy in Columbia, South Carolina, and sat down at its lunch counter and waited for service. The store allowed persons of all races to use all facilities except for the lunch counter, which served whites only. The store manager had arranged for police to be present for any sit-in demonstrators, and then, consistent with the restaurant's policy of refusing service to blacks, the restaurant manager requested the persons to leave. When they refused, they were arrested for breach of the peace and criminal trespass. At trial the defendants their arrest, prosecution, and conviction by the state for requesting service at a restaurant that refused service to African Americans would violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The trial court convicted the students, and the Supreme Court of South Carolina affirmed in an unreported decision.

Opinion of the Court

The Supreme Court first considered the breach of peace convictions and noted that the students had simply remained sitting at the lunch counter when asked by the manager to leave. The State had argued that the students simply remaining could cause others to breach the peace when they saw the students. The Court rejected that argument, and did not find that the evidence supported a breach of peace conviction, and reversed.

Regarding the trespass convictions, the majority opinion by Justice Black did not reach the broad question posed by the defendants as to "whether the Fourteenth Amendment of its own force forbids a State to arrest and prosecute those who, having been asked to leave a restaurant because of their color, refuse to do so." [3] Instead, the Court considered its ruling in Bouie v. City of Columbia, which had been announced the same day, which found that the South Carolina Supreme Court had expanded the scope of acts that were covered under its criminal trespass statute. The Supreme Court in that case held that retroactive application of this expanded scope violated due process as an ex post facto law, and the Barr decision references that decision for its holding.

The concurring opinion of Justice Douglas simply stated that he would reverse based upon his opinions in Bell v. Maryland , [4] another case involving a sit-in demonstration by African American students that was announced the same day as the Barr decision. Justice Goldberg, joined by Chief Justice Warren, stated that they would reverse for the reasons stated in the majority opinion in Bell. Justices Black, Harlan, and White stated that they dissented for the same reasons stated in their Bouie dissent, that the actions in the restaurant did not constitute state action.

Subsequent developments

Barr v. City of Columbia was one of five cases involving segregation protests decided on June 22, 1964. The other four cases were Griffin v. Maryland , [5] Robinson v. Florida , [6] Bouie v. City of Columbia, [2] and Bell v. Maryland. [4] In none of these cases did the Supreme Court reach the merits of any argument addressing whether private actions of segregation which are enforced by state courts constituted a state action which violated the Equal Protection Clause of the Fourteenth Amendment. [7] These decisions were announced two days after the Senate ended a filibuster and passed the bill which would become the Civil Rights Act of 1964, [7] which outlawed segregation in public accommodations. It has been suggested that the Supreme Court refrained from reaching the merits in these cases in consideration of the Act, had it done so it would have eliminated the basis for passage of the Act. [7]

See also

Related Research Articles

Bolling v. Sharpe, 347 U.S. 497 (1954), is a landmark United States Supreme Court case in which the Court held that the Constitution prohibits segregated public schools in the District of Columbia. Originally argued on December 10–11, 1952, a year before Brown v. Board of Education, Bolling was reargued on December 8–9, 1953, and was unanimously decided on May 17, 1954, the same day as Brown. The Bolling decision was supplemented in 1955 with the second Brown opinion, which ordered desegregation "with all deliberate speed". In Bolling, the Court did not address school desegregation in the context of the Fourteenth Amendment's Equal Protection Clause, which applies only to the states, but rather held that school segregation was unconstitutional under the Due Process Clause of the Fifth Amendment to the United States Constitution. The Court observed that the Fifth Amendment to the United States Constitution lacked an Equal Protection Clause, as in the Fourteenth Amendment to the United States Constitution. The Court held, however, that the concepts of equal protection and due process are not mutually exclusive, establishing the reverse incorporation doctrine.

Boynton v. Virginia, 364 U.S. 454 (1960), was a landmark decision of the US Supreme Court. The case overturned a judgment convicting an African American law student for trespassing by being in a restaurant in a bus terminal which was "whites only". It held that racial segregation in public transportation was illegal because such segregation violated the Interstate Commerce Act, which broadly forbade discrimination in interstate passenger transportation. It moreover held that bus transportation was sufficiently related to interstate commerce to allow the United States federal government to regulate it to forbid racial discrimination in the industry.

Jacobellis v. Ohio, 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film The Lovers, which the state had deemed obscene.

NAACP Legal Defense and Educational Fund

The NAACP Legal Defense and Educational Fund, Inc. is a leading United States civil rights organization and law firm based in New York City.

Rogers v. Tennessee, 532 U.S. 451 (2001), was a U.S. Supreme Court case holding that there is no due process violation for lack of fair warning when pre-existing common law limitations on what acts constitute a crime, under a more broadly worded statutory criminal law, are broadened to include additional acts, even when there is no notice to the defendant that the court might undo the common law limitations, so long as the statutory criminal law was made prior to the acts, and so long as the expansion to the newly included acts is expected or defensible in reference to the statutory law. The court wrote,

In the context of common law doctrines... Strict application of ex post facto principles... would unduly impair the incremental and reasoned development of precedent that is the foundation of the common law system." The decision did not affect the requirement of fair warning placed on statutes passed by legislatures - "The Constitution's Ex Post Facto Clause... 'is a limitation upon the powers of the Legislature, and does not of its own force apply to the Judicial Branch of government'... a judicial alteration of a common law doctrine of criminal law [only] violates the principal of fair warning... where it is 'unexpected and indefensible by reference to the law which had been expressed prior to the conduct in issue.

Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.

Escobedo v. Illinois, 378 U.S. 478 (1964), was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. The case was decided a year after the court had held in Gideon v. Wainwright that indigent criminal defendants have a right to be provided counsel at trial.

Robert M. Bell American judge

Robert Mack Bell is an American lawyer and jurist from Baltimore, Maryland. From 1996 to 2013, he served as Chief Judge on the Maryland Court of Appeals, the highest court in the state. He was the first African American to hold the position.

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.

Edwards v. South Carolina, 372 U.S. 229 (1963), was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.

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.

Robinson v. Florida, 378 U.S. 153 (1964), was a case in which the Supreme Court of the United States reversed the convictions of several white and African American persons who were refused service at a restaurant based upon a prior Court decision, holding that a Florida regulation requiring a restaurant that employed or served persons of both races to have separate lavatory rooms resulted in the state becoming entangled in racial discriminatory activity in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Griffin v. Maryland, 378 U.S. 130 (1964), was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were arrested during a protest of a privately owned amusement park by a park employee who was also a deputy sheriff. The Court found that the convictions violated the Equal Protection Clause of the Fourteenth Amendment.

Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that “[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable.” Along with Spinelli v. United States (1969), Aguilar established the Aguilar–Spinelli test, a judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip. The test developed in this case was subsequently rejected and replaced in Illinois v. Gates, 462 U.S. 213 (1983).

Quantity of Books v. Kansas, 378 U.S. 205 (1973), is an in rem United States Supreme Court decision on First Amendment questions relating to the forfeiture of obscene material. By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure.

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.

This is a timeline of the 1947 to 1968 civil rights movement in the United States, a nonviolent mid-20th century freedom movement to gain legal equality and the enforcement of constitutional rights for People of Color. The goals of the movement included securing equal protection under the law, ending legally established racial discrimination, and gaining equal access to public facilities, education reform, fair housing, and the ability to vote.

Klopfer v. North Carolina, 386 U.S. 213 (1967), was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings. The Sixth Amendment in the Bill of Rights states that in criminal prosecutions "...the accused shall enjoy the right to a speedy trial" In this case, a defendant was tried for trespassing and the initial jury could not reach a verdict. The prosecutor neither dismissed nor reinstated the case but used an unusual procedure to leave it open, potentially indefinitely. Klopfer argued that this denied him his right to a speedy trial. In deciding in his favor, the Supreme Court incorporated the speedy trial protections of the Sixth Amendment against the states.

Prior to the civil rights movement in South Carolina, African Americans in the state had very few political rights. South Carolina briefly had a majority-black government during the Reconstruction era after the Civil War, but with the 1876 inauguration of Governor Wade Hampton III, a Democrat who supported the disenfranchisement of blacks, African Americans in South Carolina struggled to exercise their rights. Poll taxes, literacy tests, and intimidation kept African Americans from voting, and it was virtually impossible for someone to challenge the Democratic Party, which ran unopposed in most state elections for decades. By 1940, the voter registration provisions written into the 1895 constitution effectively limited African-American voters to 3,000—only 0.8 percent of those of voting age in the state.

References

  1. Barr v. City of Columbia, 378 U.S. 146 (1964).
  2. 1 2 Bouie v. City of Columbia , 378 U.S. 347 (1964).
  3. 378 U.S. at 155.
  4. 1 2 Bell v. Maryland , 378 U.S. 226 (1964).
  5. Griffin v. Maryland , 378 U.S. 130 (1964).
  6. Robinson v. Florida , 378 U.S. 153 (1964).
  7. 1 2 3 Webster, McKenzie (2001). "The Warren Court's Struggle With the Sit-In Cases and the Constitutionality of Segregation in Places of Public Accommodations". Journal of Law and Politics. 17: 373–407.