NAACP v. Button

Media Items

Oral Argument

Oral Reargument

Advocates

Robert L. Carter (Argued the cause for the petitioner)

Henry T. Wickham (Argued the cause for the respondent)

Case Basics

Docket No.:

Petitioner:

National Association for the Advancement of Colored People

Respondent:

Button

Heard By:

Warren Court (1958-1962)

Decided By:

Warren Court (1962-1965)

Opinion:

371 U.S. 415 (1963)

Argued:

Wednesday, November 8, 1961

Reargued:

Tuesday, October 9, 1962

Decided:

Monday, January 14, 1963

Issues:

First Amendment, Miscellaneous; Judicial Power, Supreme Court Jurisdiction from State Courts

Categories:

federal courts, jurisdiction, freedom of association, freedom of speech, first amendment

Cite this page

The Oyez Project, NAACP v. Button , 371 U.S. 415 (1963)
available at: (http://oyez.org/cases/1960-1969/1961/1961_5)

Facts of the Case:

The NAACP was prosecuted for violating a Virginia statute which banned "the improper solicitation of any legal or professional business."

Question:

Did the law, as applied to the NAACP's activities, violate the First and Fourteenth Amendments?

Conclusion:

Yes. The unanimous Court held that the activities of the NAACP amounted to "modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit." NAACP initiated litigation was "a form of political expression" and not "a technique of resolving private differences," argued Brennan.

Decisions

Decision: 6 votes for NAACP, 3 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

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