The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, October 18, 1966
Decision: Monday, November 14, 1966
Issues: First Amendment, Protest Demonstrations

Advocates

Not available

Facts of the Case

Harriet Louise Adderley and a group of approximately 200 others assembled in a non-public jail driveway to protest the arrests of fellow students and the state and local policies of racial segregation which included segregation in jails. Adderley and thirty-one others were convicted in a Florida court on a charge of "trespass with a malicious and mischievous intent" for their refusal to leave the driveway when requested to do so.

Question

Were the petitioners denied their rights of free speech, assembly, petition, due process of law and equal protection of the laws as guaranteed by the First and Fourteenth Amendments?

Conclusion

The Court found that there were no constitutional violations in this case. The language of the Florida statute was clearly defined and applied, argued Justice Black, which prevented it from imposing broad infringements on speech and expression rights. Furthermore, since the sheriff acted to maintain access to the jail house and not because he "objected to what was being sung . . . or disagreed with the objectives of the protest," there were no First Amendment violations. Black concluded that the state does have the power to control its own property for lawful, nondiscriminatory purposes.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for Florida, 4 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the minority, joined Douglas' dissent
Warren
Wrote the majority opinion
Black
Wrote a dissent
Douglas
Voted with the majority
Clark
Voted with the majority
Harlan
Voted with the minority, joined Douglas' dissent
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the minority, joined Douglas' dissent
Fortas
Full Opinion by Justice Hugo L. Black

Cite this page

The Oyez Project, Adderley v. Florida, 385 U.S. 39 (1966),
available at: <http://www.oyez.org/cases/1960-1969/1966/1966_19/>
(last visited ).