Walker v. Birmingham

Media Items

Oral Argument

Advocates

Louis F. Claiborne (By special leave of the Court, argued the cause for the United States, as amicus curiae, urging reversal)

J. M. Breckenridge (Argued the cause for the respondent)

Earl McBee (Argued the cause for the respondent)

Jack Greenberg (Argued the cause for the petitioners)

Case Basics

Docket No.:

249

Petitioner:

Walker

Respondent:

Birmingham

Decided By:

Warren Court (1965-1967)

Opinion:

388 U.S. 307 (1967)

Argued:

Monday, March 13, 1967

Decided:

Monday, June 12, 1967

Issues:

Criminal Procedure, Contempt of Court

Cite this page

The Oyez Project, Walker v. Birmingham , 388 U.S. 307 (1967)
available at: (http://oyez.org/cases/1960-1969/1966/1966_249)

Facts of the Case:

Civil rights activists who planned to march on Good Friday and Easter were denied parade permits from the city. When they indicated their intention to march anyway, Birmingham obtained an injunction from a state court which ordered them to refrain from demonstrating. Marchers who defied the order, including Martin Luther King, Jr. and Ralph Abernathy, were arrested.

Question:

Did the injunction violate the First Amendment?

Conclusion:

The Court upheld the arrests since Walker failed to use proper judicial procedures to test the injunction's validity. Even though, Justice Stewart admitted, the injunction seemed broad and vague, and the marchers may not have enjoyed due process when applying for the permit originally, simply disobeying the injunction was illegitimate as "no man can be judge in his own case . . . however righteous his motives."

Decisions

Decision: 5 votes for Birmingham, 4 vote(s) against
Legal provision:

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