Argued 11 October 1965 | Decided 15 November 1965
In 1963 , Fred Shuttlesworth , a Negro minister in his community , who led a civil rights march in an orderly manner , in compliance with local ordinance in Birmingham , Alabama , was arrested & convicted for violating section 1142 of the City’s General Code .
The ordinance proscribes that the participation in any parade on public city streets , without first acquiring a permit issued by the City Commission is prohibited behaviour . Section 1142 allows the Commission to refuse a procession if the members believe that ‘ the public welfare , peace , safety , health , decency , good order , morals or convenience require that it be refused . ’
Petitioner Shuttlesworth , was previously informed by a Commission member that under no circumstances , would he or his group be allowed to demonstrate or let their grievances be known on the public & city streets in Birmingham .
The Alabama Court of Appeals reversed the conviction on the grounds , inter alia ( relevant to the facts ) of the case , not the entire burden of the language contained in the statute , that 1142 , as written , unconstitutionally imposed ‘ invidious prior restraint ’ : offensive & unfair , an injunction by judicial or authoritative body .
IF there were no ascertainable standards for the granting of permits & that the ordinance had been discriminatorily enforced . The Alabama Supreme Court in 1967 really drilled into 1142 , taking it to task on its outright suppression of first amendment speech , assembly & petition for redress of grievance rights .
382 U.S. 87
86 S.Ct. 211
15 L.Ed.2d 176
Fred L. SHUTTLESWORTH, Petitioner,
CITY OF BIRMINGHAM.
H E L D