The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 13, 1967
Decision: Monday, June 12, 1967
Issues: First Amendment, Protest Demonstrations

Advocates

J. M. Breckenridge (Argued the cause for the respondent)
Louis F. Claiborne (By special leave of the Court, argued the cause for the United States, as amicus curiae, urging reversal)
Jack Greenberg (Argued the cause for the petitioners)
Earl McBee (Argued the cause for the respondent)

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."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Birmingham, 4 vote(s) against
Wrote a dissent, joined Douglas' dissent
Warren
Voted with the majority
Black
Wrote a dissent, joined Brennan's dissent
Douglas
Voted with the majority
Clark
Voted with the majority
Harlan
Wrote a dissent, joined Douglas' dissent, joined Warren's dissent
Brennan
Wrote the majority opinion
Stewart
Voted with the majority
White
Voted with the minority, joined multiple dissents
Fortas
Full Opinion by Justice Potter Stewart

Cite this page

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