griffin breckenridge argued decided june petitioners negro citizens mississippi filed damages action charging respondents white citizens mississippi conspired assault petitioners passengers travelling upon federal state local highways automobile driven one grady citizen tennessee purpose preventing force violence intimidation seeking equal protection laws enjoying equal rights privileges immunities citizens laws state mississippi including rights free speech assembly association movement right enslaved complaint alleged pursuant conspiracy respondents mistakenly believing grady civil rights worker blocked travellers passage public highways forced car held bay firearms amidst threats murder clubbed inflicting serious physical injury section provides two persons conspire go disguise highway premises another purpose depriving person class persons equal protection laws equal privileges immunities laws case conspiracy set forth section one persons engaged therein act furtherance object conspiracy whereby another injured deprived right privilege citizen party injured deprived may cause action damages conspirators district dismissed complaint failure state cause action relying collins hardyman order avoid difficult constitutional questions effect construed reach conspiracies color state law appeals affirmed held section require state action reaches private conspiracies one alleged complaint aimed invidiously discriminatory deprivation equal enjoyment rights secured law clearly manifested wording legislative history statute companion statutory provisions constitutional impediments influenced construction statute collins supra clear recent decisions simply exist pp congress constitutional authority reach private conspiracy sort alleged complaint case thirteenth amendment power protect right interstate travel pp stewart delivered opinion burger black douglas harlan except part brennan white marshall blackmun joined harlan filed concurring statement post stephen pollak argued cause petitioners brief gary greenberg john bleveans moore appointment argued cause respondents brief helen mcdade lawrence wallace argued cause amicus curiae urging reversal brief solicitor general griswold louis claiborne justice stewart delivered opinion litigation began petitioners filed complaint district southern district mississippi seeking compensatory punitive damages alleging substantial part follows plaintiffs negro citizens residents kemper county mississippi defendants lavon breckenridge james calvin breckenridge white adult citizens residing dekalb kemper county mississippi july plaintiffs passengers automobile belonging operated grady memphis tennessee travelling upon federal state local highways dekalb mississippi performing various errands visiting friends july defendants acting mistaken belief grady worker civil rights negroes wilfully maliciously conspired planned agreed block passage said plaintiffs said automobile upon public highways stop detain assault beat injure deadly weapons purpose prevent said plaintiffs force violence intimidation seeking equal protection laws enjoying equal rights privileges immunities citizens laws state mississippi including limited rights freedom speech movement association assembly right petition government redress grievances rights secure persons homes rights enslaved deprived life liberty due process law pursuant conspiracy defendants drove truck path grady automobile blocked passage public road defendants forced grady said plaintiffs get grady automobile prevented said plaintiffs escaping defendant james calvin breckenridge clubbed grady blackjack pipe kind club pointing firearms said plaintiffs uttering threats kill injure defendants orders obeyed thereby terrorizing utmost degree depriving liberty pursuant conspiracy defendants wilfully intentionally maliciously menaced assaulted said plaintiffs pointing firearms wielding deadly blackjacks pipes kind clubs uttering threats kill injure said plaintiffs causing become stricken fear immediate injury death suffer extreme terror mental anguish emotional physical distress pursuant defendants conspiracy defendant james calvin breckenridge wilfully intentionally maliciously clubbed said plaintiffs head severely injuring defendants continued assault said plaintiffs prevent escape pointing firearms conspiracy acts pursuant thereto defendants wilfully maliciously directly indirectly intimidated prevented plaintiffs enjoying exercising rights privileges immunities citizens state mississippi including limited rights freedom speech movement association assembly right petition government redress grievances right secure person right enslaved deprived life liberty property due process law rights travel public highways without restraint terms white citizens kemper county mississippi two persons state territory conspire go disguise highway premises another purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators collins hardyman decided years ago complaint case alleged plaintiffs members political club scheduled meeting adopt resolution opposing marshall plan send copies resolution appropriate federal officials defendants conspired deprive plaintiffs rights citizens peaceably assemble equal privileges immunities laws furtherance conspiracy defendants proceeded meeting site threats violence broke meeting thus interfering right plaintiffs petition government redress grievances defendants interfere conspire interfere meetings political groups whose opinions defendants agreed held complaint state cause action complaint makes claim conspiracy overt acts involved action state officials defendants even pretended act color state law shown defendants claimed protection immunity law state fact enjoyed act omission state authorities conspiracy affect way plaintiffs equality protection law equality privileges immunities law slightest allegation defendants conscious trying influence law endeavoring obstruct interfere private discrimination inequality law unless manipulation law agencies give sanction sanctuary say nothing power congress authorize civil actions respondents commenced otherwise redress grievances assert think congress narrow class conspiracies defined statute included conspiracy charged therefore reach constitutional questions apparent complaint meets requirements act raises constitutional problems first magnitude light history without difficulty include issues congressional power apart fourteenth amendment reserved power content rights derived national distinguished state citizenship question separability act application two classes rights congress certainly power create federal cause action favor persons injured private individuals abridgment federally created constitutional rights seems congress done inconsistent principle underlying fourteenth amendment amendment prohibits respective making laws abridging privileges immunities citizens denying person within jurisdiction state equal protection laws cases holding clauses directed state action authority contention congress may pass laws supporting rights exist apart fourteenth amendment ii whether collins hardyman correctly decided facts question need concerned clear light evolution decisional law years passed since case decided many constitutional problems perceived simply exist little reason remains therefore accord words statute apparent meaning meaning confirmed judicial construction related laws structural setting legislative history fair reading allegations complaint case clearly brings within meaning statutory language construed applied complaint doubt statute within constitutional power congress enact iii turn examination meaning face words statute fully encompass conduct private persons provision speaks simply two persons state territory conspire go disguise highway premises another going disguise particular context activity little associated official action commonly connected private marauders clause almost never applicable artificially restrictive construction collins since going disguise aspect must include private action hard see conspiracy aspect joined disjunctive read require involvement state officers provision continues specifying motivation required purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws language course similar fourteenth amendment terms speaks judicial thinking constitute equal protection deprivation amendment wording focused almost entirely upon identifying requisite state action defining offending forms state law official conduct century fourteenth amendment adjudication words made understandably difficult conceive might constitute deprivation equal protection laws private persons yet nothing inherent phrase requires action working deprivation come state see harris indeed failure mention requisite viewed important indication congressional intent speak deprivations equal protection laws equal privileges immunities laws whatever source approach reconstruction civil rights statutes years since collins accord sweep broad language price jones alfred mayer moreover similar language closely related statutes early late received interpretation quite inconsistent given collins construing exact criminal counterpart harris supra observed statute limited take effect case state action framed protect invasion private persons equal privileges immunities laws persons classes persons williams considered closest remaining criminal analogue justice frankfurter plurality opinion without contravention concurrence dissent concluded language carry meaning must clear principal purpose unlike reach private action rather officers state acting authority men go disguise upon public highway upon premises another likely acting official capacities nothing terms indicates color state law relevant prosecution omitted like construction reinforced examination broadened take companion statutory provisions appear three possible forms state action limitation must action color state law must interference influence upon state authorities must private conspiracy massive effective supplants authorities thus satisfies state action requirement congress passed civil rights act stat parent dealt three situations explicit terms parts act element cause action established first section deprivation complained must inflicted color state law read requirement thus deprive section independent effect interference state officials contains another clause dealing explicitly situation act provided military action command president massive private lawlessness render state authorities powerless protect federal rights classes citizens situation defined act constituting state denial equal protection stat given existence three provisions almost impossible believe congress intended dissimilar language portion us simply duplicate coverage one final area inquiry meaning lies legislative history originally introduced congress section solely criminal provision outlawing certain conspiratorial acts done intent act violation rights privileges immunities another person cong globe app introducing bill house sponsor representative shellabarger stressed always assumed enforce also persons every one provisions constitution app emphasis supplied enormous sweep original language led pressures amendment course present civil remedy added explanations added language centered entirely animus motivation required suggestion whatever liability imposed purely private conspiracies representative willard draftsman limiting amendment said version provid ed essence crime consist intent deprive person equal protection laws equal privileges immunities laws words constitution secured intended secure equality rights immunities punish laws denial equality app representative shellabarger explanation amendment similar object amendment confine authority law prevention deprivations shall attack equality rights american citizens violation right animus effect strike citizen end may enjoy equality rights contrasted citizens rights shall within scope remedies section supporters bill even explicit insistence upon coverage private action shortly amendment introduced representative shanks urged want see measure amended shall taken frank assertion power national government protect life liberty property irrespective act state app time representative coburn asked shall deal individuals state state deal individuals less radical course works less interference local governments seem accordant reason easier direct certain method dealing individual criminals preferable thorough method superseding state authority resorted deprivation rights condition outlawry general prevail quarters defiance permission local government amendment proposed house senator pool insisted support bill senate debate congress must deal individuals must punish offender rights citizen thus evident indicators text companion provisions legislative history point unwaveringly coverage private conspiracies statute meant reach private action however mean intended apply tortious conspiratorial interferences rights others though supporters legislation insisted coverage private conspiracies equally emphatic believe words representative cook congress right punish assault battery committed two persons within state constitutional shoals lie path interpreting general federal tort law avoided giving full effect congressional purpose requiring element cause action kind invidiously discriminatory motivation stressed sponsors limiting amendment see remarks representatives willard shellabarger quoted supra language requiring intent deprive equal protection equal privileges immunities means must racial perhaps otherwise invidiously discriminatory animus behind conspirators action conspiracy words must aim deprivation equal enjoyment rights secured law iv return petitioners complaint determine whether cause action construed come within legislation complaint must allege defendants conspire go disguise highway premises another purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws must assert one conspirators caused done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen complaint fully alleges particulars respondents conspired carry assault asserts heir purpose prevent plaintiffs force violence intimidation seeking equal protection laws enjoying equal rights privileges immunities citizens laws state mississippi including long list enumerated rights free speech assembly association movement complaint alleges respondents acting mistaken belief grady worker civil rights negroes allegations clearly support requisite animus deprive petitioners equal enjoyment legal rights race claims detention threats battery amply satisfy requirement acts done furtherance conspiracy finally petitioners whether nonparty grady main target conspiracy allege personal injury resulting acts complaint cause action indeed conduct alleged lies close core coverage intended congress hard conceive wholly private conduct come within statute must accordingly consider whether congress constitutional power enact statute imposes liability federal law conduct alleged complaint constitutionality might appeared settled adversely harris baldwin franks held unconstitutional criminal counterpart revised statutes cases however followed severability rule required invalidation entire statute part unconstitutionally overbroad unless different parts read wholly independent provisions baldwin franks supra long since firmly rejected rule cases raines consequently need find language us constitutional possible applications order uphold facial constitutionality application complaint case reaches private conspiracies deprive others legal rights cause doubts constitutionality long settled criminal statute far broader phrasing see supra reaches wholly private conspiracies constitutional quarles logan waddell ex parte yarbrough see generally twining new jersey inquiry therefore need go identifying source congressional power reach private conspiracy alleged complaint case even struck rev stat harris indicated parts coverage severable constitutional thirteenth amendment surely never doubt power congress impose liability private persons amendment amendment mere prohibition state laws establishing upholding slavery absolute declaration slavery involuntary servitude shall exist part civil rights cases see also clyatt jones alfred mayer may congress impose liability varieties private conduct may make criminally punishable civilly remediable extend far beyond actual imposition slavery involuntary servitude thirteenth amendment committed nation proposition former slaves descendants forever free keep promise congress power thirteenth amendment rationally determine badges incidents slavery authority translate determination effective legislation jones alfred mayer supra conclude congress wholly within powers thirteenth amendment creating statutory cause action negro citizens victims conspiratorial racially discriminatory private action aimed depriving basic rights law secures free men cases firmly established right interstate travel constitutionally protected necessarily rest fourteenth amendment assertable private well governmental interference shapiro thompson concurring opinion guest twining new jersey cases wall crandall nevada wall passenger cases taney dissenting right pass freely state state explicitly recognized among rights privileges national citizenship twining new jersey supra right like rights national citizenship within power congress protect appropriate legislation guest supra classic ex parte yarbrough oregon mitchell concurring dissenting opinion complaint case alleged petitioners travelling upon federal state local highways dekalb kemper county mississippi kemper county border one results conspiracy according complaint prevent petitioners negroes exercising rights travel public highways without restraint terms white citizens kemper county mississippi finally conspiracy alleged inspired respondents erroneous belief grady tennessean worker negro civil rights allegations open petitioners prove trial engaging interstate travel intended federal right travel interstate one rights meant discriminatorily impaired conspiracy conspirators intended drive civil rights workers state meant deter petitioners associating persons evidence make clear petitioners suffered conduct congress may reach power protect right interstate travel identifying two constitutional sources congressional power imply absence specifically allegations complaint case required consideration scope power congress fourteenth amendment token since allegations complaint bring cause action close constitutionally authorized core statute occasion trace constitutionally permissible periphery judgment reversed case remanded district southern district mississippi proceedings consistent opinion ordered footnotes say conspiracy private individuals magnitude effect work deprivation equal protection laws equal privileges immunities laws nothing sort appears case lawless political brawl precipitated handful white citizens white citizens state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws two persons conspire injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution laws exercised two persons go disguise highway premises another intent prevent hinder free exercise enjoyment right privilege secured shall fined imprisoned ten years last suggested collins hardyman see supra every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress two persons state territory conspire go disguise highway premises another purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws conspiracy disguise language finally became appears borrowed parent see cong globe need decide given facts case whether conspiracy motivated invidiously discriminatory intent racial bias actionable portion us cf cong globe remarks edmunds motivation requirement introduced word equal portion us must confused test specific intent deprive person federal right made definite decision rule law articulated plurality opinion screws prosecutions section unlike contains specific requirement wilfulness cf monroe pape motivation aspect focuses scienter relation deprivation rights invidiously discriminatory animus rev stat repealed stat see katzenbach morgan oregon mitchell opinion douglas opinion brennan white marshall jj guest clark concurring brennan concurring dissenting justice harlan concurring agree opinion except find unnecessary rely right interstate travel premise justifying federal jurisdiction reservation join opinion judgment