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SHUTTLESWORTH v. BIRMINGHAM

No. 67.

373 U.S. 262 (1962)

SHUTTLESWORTH ET AL. v. CITY OF BIRMINGHAM.

Supreme Court of United States.

Decided May 20, 1963.

Attorney(s) appearing for the Case

Constance Baker Motley argued the cause for petitioners. With her on the brief were Jack Greenberg, Arthur D. Shores, Peter A. Hall, Orzell Billingsley, Jr., Oscar W. Adams, Jr. and Leroy D. Clark.

Watts E. Davis and J. M. Breckenridge argued the cause for respondent. With Mr. Davis on the brief was Earl McBee.

Solicitor General Cox, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Assistant Attorney General Marshall, Ralph S. Spritzer, Louis F. Claiborne, Harold H. Greene, Howard A. Glickstein and Richard K. Berg.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The petitioners, both Negro ministers, were tried and convicted in the Birmingham, Alabama, Recorder's Court for aiding and abetting a violation of the city criminal trespass ordinance. The complaint filed with respect to Shuttlesworth charged:

"Comes the City of Birmingham, Alabama, a municipal corporation, and complains that F. L. Shuttlesworth, within...

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