Garner v. Louisiana
|Garner v. Louisiana|
|Argued October 18–19, 1961|
Decided December 11, 1961
|Full case name||John Burrell Garner, et al. v. State of Louisiana, Mary Briscoe, et al.|
|Citations||368 U.S. 157 (more)|
82 S. Ct. 248; 7 L. Ed. 2d 207; 1961 U.S. LEXIS 28
|Prior history||Certiorari to the Supreme Court of Louisiana|
|The convictions were so totally devoid of evidentiary support as to violate the Due Process Clause of the Fourteenth Amendment.|
|Majority||Warren, joined by unanimous|
|United States Constitution, Amendment XIV|
Garner v. Louisiana, 368 U.S. 157 (1961), was an important civil rights case argued by Thurgood Marshall before the Supreme Court. On December 11, 1961, the court unanimously ruled that Louisiana could not convict peaceful sit-in protesters who refused to leave dining establishments under the state's "disturbing the peace" laws.
Background[change | change source]
African-American students from Southern University sat at a "whites only" segregated lunch bar at Sitman's Drugstore in Baton Rouge, Louisiana. The manager called the Police after the students quietly remained even though they were asked to move to another counter. After ordering the black patrons to leave, the Police arrested them and charged them with disturbing the peace. The claim was that their behavior could "foreseeably disturb or alarm the public," according to the state's "disturbing the peace" statute.
Opinion of the Court[change | change source]
In a 9-0 decision, the court ruled in the African-American students' favor, arguing the state violated due process of law under the Fourteenth Amendment and finding there was no evidence the students' behavior could have foreseeably disturbed the peace. In his written opinion, Justice John Marshall Harlan compared sit-in demonstrations to verbal expression as a form of free speech. Justice William O. Douglas in his concurring opinion said, “For the police are supposed to be on the side of the Constitution, not on the side of discrimination. Yet if all constitutional questions are to be put aside and the problem treated merely in terms of disturbing the peace, I would have difficulty in reversing these judgments. I think, however, the constitutional questions must be reached and that they make reversal necessary.” 
Garner v. Louisiana was an important case for the Civil Rights Movement, and one of many civil rights cases argued before the Warren Court (1953-69). Eventually, the Civil Rights Act of 1964 "outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce."
References[change | change source]
- "Garner v. Louisiana, 368 U.S. 157 (1961)". FindLaw. Retrieved 24 March 2016.
- "1961 Supreme Court of the United States [Garner v. Louisiana] :: Southern University and A&M College" (PDF/HTML). Contentdm.auctr.edu. 1961-07-17. his.1961.fou113.pdf. Retrieved 2012-07-17.
- "No Evidence to Support a Conviction. The Supreme Court's Decisions in Thompson v. City of Louisville and Garner v. Louisiana". University of Pennsylvania Law Review 110 (8): 1137–1146. June 1962. doi:10.2307/3310734. https://www.jstor.org/stable/3310734. Retrieved 5 December 2013. (subscription required)
- Geer, J. G., W. J. Schiller, et al. (2011). Gateways to Democracy: An Introduction to American Government, Wadsworth Pub Co.
- "First Amendment Timeline" (PDF). Annenbergclassroom.org. Retrieved 2013-11-03.
- Garner v. Louisiana. 368 U.S. 157. Supreme Court of the United States. 1961.
- "Transcript of Civil Rights Act (1964)". Our Documents. Retrieved 24 March 2016.
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