Adderley v. Florida
Encyclopedia
Adderley v. Florida, 385 U.S. 39 (1966), was a case in the Supreme Court of the United States
over whether arrests for protesting in front of a jail were constitutional.
demonstrated against racial segregation
, and were subsequently arrested. The day after, around 200 FAMU students gathered in front of the Leon County
jail to protest their arrest.
Petitioners, 32 students, were members of a group of about 200 who on a nonpublic jail driveway, which they blocked, and on adjacent county jail premises had, by singing, clapping, and dancing, demonstrated against their schoolmates' arrest and perhaps against segregation in the jail and elsewhere. The sheriff, the jail's custodian, advised them that they were trespassing on county property and would have to leave or be arrested. The 107 demonstrators refusing to depart were thereafter arrested and convicted under a Florida trespass statute for "trespass with a malicious and mischievous intent." Petitioners contend that their convictions, affirmed by the Florida Circuit Court and the District Court of Appeal, deprived them of their "rights of free speech, assembly, petition, due process of law and equal protection of the laws" under the Fourteenth Amendment.
, argued that county jails were not public places and so it did not infringe on their right to assembly. The decision argued that states may protect their property and withhold its use from demonstrators for nondiscriminatory reasons such as protection from damage.
authored a dissenting opinion in which Chief Justice Warren
and Justices Brennan
and Fortas
concurred. Douglas argued that the protesters did not engage in or threaten violence or block the entrance of the jail. Public officials should not, according to this vision of the First Amendment, be given discretion to decide which public places can be used for the expression of ideas.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
over whether arrests for protesting in front of a jail were constitutional.
Background
In 1966, a group of students from Florida A&M UniversityFlorida A&M University
Florida Agricultural and Mechanical University, commonly known as Florida A&M or FAMU, is a historically black university located in Tallahassee, Florida, United States, the state capital, and is one of eleven member institutions of the State University System of Florida...
demonstrated against racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
, and were subsequently arrested. The day after, around 200 FAMU students gathered in front of the Leon County
Leon County, Florida
Leon County is a county located in the state of Florida, named after the Spanish explorer Juan Ponce de León. At the 2010 Census, the population was 275,487. The county seat of Leon County is Tallahassee which also serves as the state capital. The county seat is home to two of Florida's major...
jail to protest their arrest.
Petitioners, 32 students, were members of a group of about 200 who on a nonpublic jail driveway, which they blocked, and on adjacent county jail premises had, by singing, clapping, and dancing, demonstrated against their schoolmates' arrest and perhaps against segregation in the jail and elsewhere. The sheriff, the jail's custodian, advised them that they were trespassing on county property and would have to leave or be arrested. The 107 demonstrators refusing to depart were thereafter arrested and convicted under a Florida trespass statute for "trespass with a malicious and mischievous intent." Petitioners contend that their convictions, affirmed by the Florida Circuit Court and the District Court of Appeal, deprived them of their "rights of free speech, assembly, petition, due process of law and equal protection of the laws" under the Fourteenth Amendment.
Decision
The U.S. Supreme Court upheld the trespassing conviction in a 5-4 decision. The majority opinion, authored by Justice BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, argued that county jails were not public places and so it did not infringe on their right to assembly. The decision argued that states may protect their property and withhold its use from demonstrators for nondiscriminatory reasons such as protection from damage.
Dissenting opinion
Justice DouglasWilliam O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
authored a dissenting opinion in which Chief Justice Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
and Justices Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
and Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
concurred. Douglas argued that the protesters did not engage in or threaten violence or block the entrance of the jail. Public officials should not, according to this vision of the First Amendment, be given discretion to decide which public places can be used for the expression of ideas.
See also
- List of United States Supreme Court cases, volume 385
- List of United States Supreme Court cases by the Warren Court
- Free speech zoneFree speech zoneFree speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging.....
- Brown v. LouisianaBrown v. LouisianaBrown v. Louisiana, , was a United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that protesters have a First and Fourteenth Amendment right to engage in a peaceful sit-in at a public library. Justice Fortas wrote the plurality opinion and was joined by...
- Cox v. LouisianaCox v. LouisianaCox v. Louisiana, 379 U.S. 536 , was a United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that a state government cannot employ "breach of the peace" statutes against protesters engaging in peaceable demonstrations that may potentially incite...
- Edwards v. South CarolinaEdwards v. South CarolinaEdwards v. South Carolina, 372 U.S. 229 , was a case in which the Supreme Court of the United States held that the First and Fourteenth Amendments to the U.S...
- Brown v. Louisiana
External links
- Case brief: Quimbee