Edwards v. South Carolina
Encyclopedia
Edwards v. South Carolina, 372 U.S. 229 (1963), was a case in which the Supreme Court of the United States
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...

 held that the First
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...

 and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.

Background of the Case

The 187 petitioners consisted of African-American high school and college students who peacefully assembled at the Zion Baptist Church in Columbia South Carolina on March 2, 1961. The students marched in separate groups of roughly 15 to South Carolina State House grounds to peacefully express their grievances regarding civil rights of African-Americans.
The crowd of petitioners did not engage in any violent conduct and did not threaten violence in any manner, nor did crowds gathering to witness the demonstration engage in any such behavior. Petitioners were told by police officials that they must disperse within 15 minutes or face arrest. The petitioners failed to disperse, opting to sing religious and patriotic songs instead. Petitioners were convicted of the common law crime of breach of the peace.

The Court's Decision

The Supreme Court held that in arresting, convicting and punishing the petitioners, South Carolina infringed on the petitioners’ rights of free speech, free assembly and freedom to petition for a redress of grievances. The Court stated that these rights are guaranteed by the First Amendment and protected by the Fourteenth Amendment from invasion by the States.

The Supreme Court argued the arrests and convictions of 187 marchers were an attempt by South Carolina to “make criminal the peaceful expression of unpopular views” where the marchers’ actions were an exercise of First Amendment rights “in their most pristine and classic form.” The Court described the common law crime of breach of the peace as “not susceptible of exact definition.”

Justice Clark's Dissent

In Edwards, Justice Clark dissented, arguing that the City Manager’s action may have averted a major catastrophe because of the “almost spontaneous combustion in some Southern communities in such a situation.”

See also

  • List of United States Supreme Court cases, volume 372
  • Brown v. Louisiana
    Brown v. Louisiana
    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...

  • Adderley v. Florida
    Adderley v. Florida
    Adderley 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:...


External links

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