Shuttlesworth v. City of Birmingham | |
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Argued October 18, 1968 Decided March 10, 1969 | |
Full case name | Shuttlesworth v. Birmingham |
Citations | 394 U.S. 147 (more) 89 S. Ct. 935; 22 L. Ed. 2d 162 |
Holding | |
The Court held that (1) even though the actual construction of § 1159 of the Birmingham General City Code was unconstitutional, the judicial construction of the ordinance prohibited only standing or loitering on public property that obstructed free passage, but it was unclear from the record, whether the literal or judicial construction was applied; and (2) the literal construction of § 1159 of the Birmingham General City Code was unconstitutional, and the statutory application revealed that it applied to the enforcement of an officer's order in directing vehicular traffic. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Warren, Black, Douglas, Brennan, White, Fortas |
Concurrence | Harlan |
Marshall took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. XIV |
Shuttlesworth v. Birmingham, 394 U.S. 147 (1969), was a United States Supreme Court case in which the Supreme Court struck down a Birmingham, Alabama ordinance that prohibited citizens from holding parades and processions on city streets without first obtaining a permit.
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