The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 8, 1961
Reargument: Tuesday, October 9, 1962
Decision: Monday, January 14, 1963
Issues: First Amendment, Miscellaneous
Categories: federal courts, first amendment, freedom of association, freedom of speech, jurisdiction

Advocates

Robert L. Carter (Argued the cause for the petitioner)
Henry T. Wickham (Argued the cause for the respondent)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for NAACP, 3 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Warren
Voted with the majority
Black
Wrote a regular concurrence
Douglas
Voted with the minority, joined Harlan's dissent
Clark
Wrote a dissent
Harlan
Wrote the majority opinion
Brennan
Voted with the minority, joined Harlan's dissent
Stewart
Wrote a special concurrence
White
Voted with the majority
Goldberg
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

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