shuttlesworth
birmingham
argued
november
decided
march
petitioner
negro
minister
helped
lead
negroes
orderly
civil
rights
march
birmingham
arrested
convicted
violating
city
general
code
ordinance
proscribes
participating
parade
procession
city
streets
public
ways
without
first
obtaining
permit
city
commission
section
permits
commission
refuse
parade
permit
members
believe
public
welfare
peace
safety
health
decency
good
order
morals
convenience
require
refused
petitioner
previously
given
understand
member
commission
circumstances
petitioner
group
allowed
demonstrate
birmingham
alabama
appeals
reversed
conviction
grounds
inter
alia
written
unconstitutionally
imposed
invidious
prior
restraint
without
ascertainable
standards
granting
permits
ordinance
discriminatorily
enforced
however
alabama
narrowly
construed
objective
traffic
regulation
allow
commission
unlimited
discretion
granting
withholding
permits
upheld
petitioner
conviction
held
law
subjecting
right
free
expression
publicly
owned
places
prior
restraint
license
without
narrow
objective
definite
standards
unconstitutional
person
faced
law
may
ignore
exercise
first
amendment
rights
pp
picketing
parading
may
constitute
methods
expression
entitled
first
amendment
protection
use
streets
purpose
though
subject
regulation
may
wholly
denied
since
terms
gave
commission
unbridled
authority
issue
withhold
parade
permits
without
reference
legitimate
regulation
public
streets
sidewalks
ordinance
absent
limiting
construction
unconstitutional
face
pp
narrow
construction
state
placed
upon
necessarily
validate
petitioner
conviction
test
whether
ordinance
actually
administered
deny
unwarrantedly
abridge
right
assembly
opportunities
communication
thought
discussion
public
questions
immemorially
associated
resort
public
places
cox
new
hampshire
pp
since
case
administered
accordance
impermissibly
broad
language
deny
unwarrantedly
abridge
first
amendment
rights
petitioner
organization
petitioner
conviction
may
stand
cox
new
hampshire
supra
distinguished
pp
jack
greenberg
argued
cause
petitioner
brief
james
nabrit
iii
norman
amaker
charles
stephen
ralston
melvyn
zarr
arthur
shores
orzell
billingsley
anthony
amsterdam
earl
mcbee
argued
cause
respondent
brief
breckenridge
william
walker
justice
stewart
delivered
opinion
petitioner
stands
convicted
violating
ordinance
birmingham
alabama
making
offense
participate
parade
procession
public
demonstration
without
first
obtaining
permit
city
commission
question
us
whether
conviction
squared
constitution
afternoon
april
good
friday
people
negroes
led
birmingham
church
three
negro
ministers
one
petitioner
fred
shuttlesworth
walked
orderly
fashion
two
abreast
part
four
blocks
purpose
march
protest
alleged
denial
civil
rights
negroes
city
birmingham
marchers
stayed
sidewalks
except
street
intersections
interfere
pedestrians
automobiles
obstructed
traffic
signals
disobeyed
petitioner
group
least
part
time
walking
alongside
others
moving
front
rear
marchers
moved
along
crowd
spectators
fell
behind
distance
spectators
points
spilled
street
street
blocked
vehicles
obstructed
end
four
blocks
marchers
stopped
birmingham
police
arrested
violating
general
code
birmingham
ordinance
reads
follows
shall
unlawful
organize
hold
assist
organizing
holding
take
part
participate
parade
procession
public
demonstration
streets
public
ways
city
unless
permit
therefor
secured
commission
secure
permit
written
application
shall
made
commission
setting
forth
probable
number
persons
vehicles
animals
engaged
parade
procession
public
demonstration
purpose
held
streets
public
ways
along
desired
hold
parade
procession
public
demonstration
commission
shall
grant
written
permit
parade
procession
public
demonstration
prescribing
streets
public
ways
may
used
therefor
unless
judgment
public
welfare
peace
safety
health
decency
good
order
morals
convenience
require
refused
shall
unlawful
use
purposes
streets
public
ways
set
said
permit
two
preceding
paragraphs
however
shall
apply
funeral
processions
doubt
birmingham
ordinance
written
conferred
upon
city
commission
virtually
unbridled
absolute
power
prohibit
parade
procession
demonstration
city
streets
public
ways
deciding
whether
withhold
permit
members
commission
guided
ideas
public
welfare
peace
safety
health
decency
good
order
morals
convenience
ordinance
written
therefore
fell
squarely
within
ambit
many
decisions
last
years
holding
law
subjecting
exercise
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amendment
freedoms
prior
restraint
license
without
narrow
objective
definite
standards
guide
licensing
authority
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settled
long
line
recent
decisions
ordinance
like
one
makes
peaceful
enjoyment
freedoms
constitution
guarantees
contingent
upon
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official
requiring
permit
license
may
granted
withheld
discretion
official
unconstitutional
censorship
prior
restraint
upon
enjoyment
freedoms
staub
baxley
decisions
made
clear
person
faced
unconstitutional
licensing
law
may
ignore
engage
impunity
exercise
right
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expression
law
purports
require
license
constitution
hardly
thought
deny
one
subjected
restraints
ordinance
right
attack
constitutionality
yielded
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jones
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stone
dissenting
adopted
per
curiam
rehearing
argued
however
involved
pure
speech
use
public
streets
sidewalks
municipality
must
rightfully
exercise
great
deal
control
interest
traffic
regulation
public
safety
course
true
emphasized
first
fourteenth
amendments
afford
kind
freedom
communicate
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patrolling
marching
picketing
streets
highways
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afford
communicate
ideas
pure
speech
cox
louisiana
governmental
authorities
duty
responsibility
keep
streets
open
available
movement
decisions
also
made
clear
picketing
parading
may
nonetheless
constitute
methods
expression
entitled
first
amendment
protection
cox
louisiana
supra
edwards
south
carolina
thornhill
alabama
wherever
title
streets
parks
may
rest
immemorially
held
trust
use
public
time
mind
used
purposes
assembly
communicating
thoughts
citizens
discussing
public
questions
use
streets
public
places
ancient
times
part
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immunities
rights
liberties
citizens
privilege
citizen
use
streets
parks
communication
views
national
questions
may
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interest
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relative
must
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subordination
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comfort
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peace
good
order
must
guise
regulation
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denied
hague
opinion
justice
roberts
joined
justice
black
accordingly
lthough
recognized
statute
may
enacted
prevents
serious
interference
normal
usage
streets
parks
consistently
condemned
licensing
systems
vest
administrative
official
discretion
grant
withhold
permit
upon
broad
criteria
unrelated
proper
regulation
public
places
kunz
new
york
see
also
saia
new
york
niemotko
maryland
even
use
public
streets
sidewalks
involved
therefore
municipality
may
empower
licensing
officials
roam
essentially
dispensing
withholding
permission
speak
assemble
picket
parade
according
opinions
regarding
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effect
activity
question
welfare
decency
morals
community
understandably
settled
principles
alabama
appeals
unable
reach
conclusion
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terms
birmingham
ordinance
clearly
gave
city
commission
extensive
authority
issue
refuse
issue
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permits
basis
broad
criteria
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regulation
public
streets
sidewalks
said
however
matter
constitutionally
invalid
birmingham
ordinance
may
written
nonetheless
authoritative
construction
given
alabama
modified
narrowed
terms
render
constitutionally
acceptable
true
affirming
petitioner
conviction
present
case
alabama
performed
remarkable
job
plastic
surgery
upon
face
ordinance
stated
provided
city
commission
withhold
permit
whenever
judgment
public
welfare
peace
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good
order
morals
convenience
require
ordinance
really
meant
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censors
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upon
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birmingham
right
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procession
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conduct
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use
streets
sidewalks
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followed
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must
granted
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found
convenience
public
use
streets
sidewalks
thereby
unduly
disturbed
cox
found
control
streets
exerted
unconstitutionally
dealing
statute
silent
criteria
governing
granting
permits
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appellants
convictions
parading
without
permit
new
hampshire
construed
statute
require
issuance
permit
anybody
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subject
power
licensing
authority
specify
time
place
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order
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public
use
streets
accepted
state
characterization
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assurance
appellants
right
act
license
march
required
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found
convenience
public
use
streets
thereby
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disturbed
upon
conditions
changes
time
place
manner
avoid
disturbance
affirming
new
hampshire
judgment
however
careful
emphasize
evidence
statute
administered
otherwise
fair
manner
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construed
require
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deal
assumptions
respondent
case
reminded
us
assessing
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claims
petitioner
less
realistic
ignore
surrounding
relevant
circumstances
include
facts
developed
record
case
also
shown
opinions
related
case
walker
city
birmingham
petitioner
one
petitioners
walker
case
two
terms
ago
us
record
showing
many
surrounding
relevant
circumstances
good
friday
march
respondent
suggests
may
properly
take
judicial
notice
record
litigation
parties
us
uncontradicted
testimony
offered
walker
show
week
good
friday
march
petitioner
shuttlesworth
sent
representative
apply
parade
permit
went
city
hall
asked
see
person
persons
charge
issue
permits
permits
parading
picketing
demonstrating
directed
commissioner
connor
denied
request
uncertain
terms
said
get
permit
birmingham
alabama
picket
picket
city
jail
repeated
twice
two
days
later
petitioner
shuttlesworth
sent
telegram
commissioner
connor
requesting
behalf
organization
permit
picket
injustices
segregation
discrimination
request
specified
sidewalks
picketing
take
place
stated
normal
rules
picketing
obeyed
reply
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sent
wire
stating
permits
responsibility
entire
commission
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commissioner
closing
blunt
admonition
insist
people
start
picketing
streets
birmingham
alabama
surrounding
relevant
circumstances
make
indisputably
clear
think
april
least
respect
petitioner
organization
city
authorities
thought
ordinance
meant
exactly
said
petitioner
clearly
given
understand
circumstances
group
permitted
demonstrate
birmingham
demonstration
approved
time
place
selected
minimize
traffic
problems
indication
whatever
authorities
considered
obligated
alabama
four
years
later
said
issue
permit
investigation
found
convenience
public
use
streets
sidewalks
thereby
unduly
disturbed
case
therefore
far
cry
cox
new
hampshire
supra
said
nothing
show
statute
administered
otherwise
manner
state
construed
require
contrast
evident
ordinance
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words
chief
justice
hughes
deny
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right
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opportunities
communication
thought
immemorially
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resort
public
places
judgment
reversed
justice
marshall
took
part
consideration
decision
case
footnotes
see
lovell
griffin
hague
schneider
state
cantwell
connecticut
largent
texas
jones
opelika
stone
dissenting
murphy
dissenting
vacated
previous
dissenting
opinions
adopted
per
curiam
marsh
alabama
tucker
texas
saia
new
york
kunz
new
york
niemotko
maryland
joseph
burstyn
wilson
gelling
texas
superior
films
department
education
staub
baxley
cox
louisiana
interstate
circuit
dallas
lovell
griffin
schneider
state
largent
texas
jones
opelika
stone
dissenting
adopted
per
curiam
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freedman
maryland
validity
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upon
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availability
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review
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cf
poulos
new
hampshire
frankfurter
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result
freedman
maryland
see
also
concurring
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harlan
post
brief
respondent
national
fire
ins
thompson
cases
cited
therein
legal
constitutional
issues
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walker
case
quite
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involved
recently
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walker
decision
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case
held
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proceeded
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march
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carroll
president
commissioners
princess
anne
walker
petitioner
made
offer
proof
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permits
issued
groups
city
clerk
request
traffic
bureau
police
department
justice
harlan
concurring
alabama
opinion
makes
clear
petitioner
shuttlesworth
carried
efforts
obtain
parade
permit
highest
state
required
city
authorities
grant
permission
march
long
proposals
consistent
birmingham
interest
traffic
control
thus
difficult
question
case
presents
whether
fourteenth
amendment
ever
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state
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citizen
marching
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void
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decision
commissioner
connor
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last
resort
one
week
good
friday
march
shuttlesworth
learned
connor
commissioner
public
safety
issue
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permits
marchers
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entire
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commission
birmingham
ordinances
require
prompt
decision
city
commission
state
alabama
provide
speedy
review
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permit
given
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speedy
procedures
reverend
shuttlesworth
associates
faced
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notice
connor
attempted
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judicial
remedies
provided
alabama
law
almost
certain
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relief
obtained
good
friday
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right
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peaceful
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appropriate
conditions
fundamental
aspect
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protected
fourteenth
amendment
see
stromberg
california
hague
opinion
roberts
garner
louisiana
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harlan
petitioner
obliged
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shuttlesworth
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permit
months
advance
good
friday
thereby
allowing
alabama
administrative
judicial
machinery
necessary
time
operate
fully
date
set
march
suggestion
ignores
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maryland
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may
exercise
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afford
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shuttlesworth
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place
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cf
williams
rhodes
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suggest
state
city
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permit
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judiciary
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proposal
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interests
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use
streets
local
authority
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protect
applications
must
handled
expedited
basis
rights
political
expression
lost
maze
cumbersome
procedures
neither
city
birmingham
state
alabama
established
expedited
procedures
see
nn
supra
indeed
city
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ordinance
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procedure
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section
city
code
state
application
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submitted
considered
timely
ordinance
state
application
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city
commission
regulations
published
answer
questions
absence
guidelines
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asked
petitioner
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city
authorities
shuttlesworth
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city
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manner
commissioner
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city
commission
charge
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shuttlesworth
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relating
issuance
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commissioner
declared
lacked
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believe
public
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time
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neither
city
state
provided
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procedures
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permits
petitioner
shuttlesworth
punished
exercise
constitutionally
protected
right
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expression
basis
concur
reversal
judgment
alabama
agree
brother
stewart
may
properly
take
judicial
notice
evidence
record
walker
birmingham
see
wigmore
evidence
ed
butler
eaton
craemer
washington
record
shows
response
request
permission
march
april
connor
replied
telegram
april
provisions
city
code
city
birmingham
permit
picket
requested
granted
individually
responsibility
sic
entire
commission
insist
people
start
picketing
streets
birmingham
alabama
eugene
bull
connor
commissioner
public
safety
however
find
appropriate
rely
upon
slightly
earlier
episode
detailed
brother
stewart
opinion
ante
trial
judge
ruled
uncontradicted
supporting
testimony
inadmissible
see
transcript
supra
section
require
city
commission
act
application
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fixed
amount
time
indeed
time
connor
definitively
declared
issue
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permits
clear
petitioner
even
made
timely
permit
application
city
commission
remaining
regular
session
set
scheduled
good
friday
march
see
general
city
code
birmingham
city
code
makes
clear
petitioner
permit
application
considered
time
see
code
applicable
clear
point
although
shuttlesworth
petitioned
writ
mandamus
alabama
circuit
city
commission
denied
application
state
obliged
render
decision
within
fixed
period
time
none
past
decisions
squarely
considered
whether
parade
licenses
must
handled
expedited
basis
cox
new
hampshire
question
argued
poulos
new
hampshire
poulos
request
permit
conduct
religious
services
public
park
refused
portsmouth
city
council
seven
weeks
first
scheduled
event
since
time
remaining
sufficient
obtain
relief
way
mandamus
see
opinion
justice
frankfurter
need
consider
whether
state
constitutional
obligation
provide
rapid
procedure
course
cases
struck
regulatory
schemes
purported
issue
licenses
basis
unconstitutional
standards
reach
question
presented
see
lovell
griffin
schneider
state
largent
texas
staub
baxley
remarkable
every
parade
application
involving
march
persons
considered
plenary
manner
principal
governmental
body
city
large
birmingham
fact
offer
proof
made
walker
proceedings
city
commission
never
passed
permit
applications
past
delegated
task
inferior
officials
see
transcript
supra
proof
admitted
ground
irrelevant
ibid
trial
walker
birmingham
city
clerk
kept
records
parade
permits
granted
stated
regulations
issued
fill
gaps
left
ordinance
see
transcript
supra
reach
question
whether
principle
followed
cases
lovell
schneider
largent
staub
see
supra
allowing
persons
ignore
entirely
licensing
schemes
unconstitutionally
impinge
forms
free
expression
extended
cover
parade
permit
statutes
involving
particularly
important
state
interest