Brown v. Louisiana
Encyclopedia
Brown 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 Justice Douglas
and Justice Warren. Justices Brennan
and Byron White
concurred. Justices Black
, Clark
, Harlan
and Stewart
dissented.
Justice Fortas and Justice Black each included a summary of the events in their opinions. Justice Fortas' summary for the majority is more concise than Justice Black's in his dissent.
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...
case based on the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. 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 Justice Douglas
William 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...
and Justice Warren. 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 Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
concurred. Justices Black
Hugo 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...
, Clark
Tom C. Clark
Thomas Campbell Clark was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States .- Early life and career :...
, Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
and Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
dissented.
Background
In order to protest their denial of their right to equal treatment guaranteed by the Constitution, five African-Americans entered Louisiana public library. There was no one else in the library room except the library assistant. One of the African-Americans (Brown) requested a book, and upon checking, the library assistant informed Brown that they did not have the book, and that she would request it from the State Library. (The book was later mailed to him with instructions for its return.) The library assistant then asked them to leave, but instead for the purpose of maintaining their silent protest against the library's policy of segregation, Brown sat down and the others stood around him. There was no noise or boisterous talking. 10 to 15 minutes after they had entered the library, the sheriff and deputies arrived, and they were arrested. They were charged under the Louisiana breach of the peace statute, which makes it a crime to "with intent to provoke a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby" or to crowd in a public place and refuse to disperse.Justice Fortas and Justice Black each included a summary of the events in their opinions. Justice Fortas' summary for the majority is more concise than Justice Black's in his dissent.
Decision
Justice Abe Fortas wrote the majority opinion, joined by Chief Justice Warren, and Justice Douglas, with Justices Brennan and White writing concurring opinions. Fortas concluded that there was no evidence to support the use of the breach of the peace statute, and that the protest was considerably less disruptive than earlier situations that the Court had invalidated convictions - including Cox v. LouisianaDissent
Justice Black, in his dissent, finds nothing preventing Louisiana from banning sit-in demonstrations, and criticises the majority opinion for acting as if Louisiana had intended to deny access to the libraries based upon race. Black also noted that when Brown asked for a book, he was served, showing that he was not denied access or service, and discussed that there was no racial discrimination on the part of the library,See also
- List of United States Supreme Court cases, volume 383
- 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...
- Adderley v. FloridaAdderley v. FloridaAdderley v. Florida, 385 U.S. 39 , was a case in the Supreme Court of the United States over whether arrests for protesting in front of a jail were constitutional.-Background:...
- 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...