Bouie v. City of Columbia
Encyclopedia
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the Supreme Court of the United States
held that due process
prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law which has been expressed prior to the conduct in issue. This holding is based on the Fourteenth Amendment
prohibition by the Due Process Clause against ex post facto laws.
college students conducted a sit-in
demonstration by sitting down at a booth in the restaurant at an Eckerd's drug store in Columbia
, South Carolina
. Policy at the store was to allow African Americans to shop anywhere in the store and to use any facilities with the exception of being served at the restaurant. After they sat down, an employee put up a "no trespassing sign," and the two students were asked to leave. The students were arrested on charges of breach of the peace
and criminal trespass
, but convicted only for trespass in violation of the state code. The trespass convictions were upheld by the South Carolina Supreme Court
.
by Justice Brennan noted that the South Carolina trespass statute criminalized entry upon the lands of another after notice from an owner or tenant prohibiting such entry. The South Carolina Supreme Court, in upholding the convictions, had construed the statute as also covering the act of remaining on the premises of another after receiving notice to leave, a construction adopted in another case in 1961 and applied here. The Court stated that a judicial construction that has the effect of broadening the activities that constitute a crime and is applied retroactively operates precisely like an ex post facto law. As ex post facto application of criminal statutes violates the Due Process Clause of the Fourteenth Amendment, the Court reversed the convictions.
The concurring opinions of Justice Goldberg and Justice Douglas simply stated that they would reverse based upon their opinions in Bell v. Maryland
, 378 U.S. 226 (1964), another case involving a sit-in demonstration by African American students that was announced the same day as the Bouie decision. The dissenting opinion by Justice Black argued that the conduct of remaining after being told to leave was understood to violate the South Carolina trespass statute, and the opinion in the Bell case that the Fourteenth Amendment did not require an owner of a restaurant to serve customers the owner did not want to serve.
, 378 U.S. 130 (1964), Barr v. City of Columbia
, 378 U.S. 146 (1964), Robinson v. Florida
, 378 U.S. 153 (1964), and Bell v. Maryland. In none of these cases did the Supreme Court reach the merits of any argument addressing whether private actions of segregation which are enforced by state courts constituted a state action
which violated the Equal Protection Clause of the Fourteenth Amendment. These decisions were announced two days after the Senate
ended a filibuster
and passed the bill which would become the Civil Rights Act of 1964
, which outlawed segregation in public accommodations. It has been suggested that the Supreme Court refrained from reaching the merits in these cases in consideration of the Act; had it done so, it would have eliminated the basis for passage of the legislation.
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 due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law which has been expressed prior to the conduct in issue. This holding is based on the Fourteenth Amendment
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...
prohibition by the Due Process Clause against ex post facto laws.
Background
On March 14, 1960, two African AmericanAfrican American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
college students conducted a sit-in
Sit-in
A sit-in or sit-down is a form of protest that involves occupying seats or sitting down on the floor of an establishment.-Process:In a sit-in, protesters remain until they are evicted, usually by force, or arrested, or until their requests have been met...
demonstration by sitting down at a booth in the restaurant at an Eckerd's drug store in Columbia
Columbia, South Carolina
Columbia is the state capital and largest city in the U.S. state of South Carolina. The population was 129,272 according to the 2010 census. Columbia is the county seat of Richland County, but a portion of the city extends into neighboring Lexington County. The city is the center of a metropolitan...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. Policy at the store was to allow African Americans to shop anywhere in the store and to use any facilities with the exception of being served at the restaurant. After they sat down, an employee put up a "no trespassing sign," and the two students were asked to leave. The students were arrested on charges of breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
and criminal trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
, but convicted only for trespass in violation of the state code. The trespass convictions were upheld by the South Carolina Supreme Court
South Carolina Supreme Court
The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:...
.
Court's Decision
The majority opinionMajority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
by Justice Brennan noted that the South Carolina trespass statute criminalized entry upon the lands of another after notice from an owner or tenant prohibiting such entry. The South Carolina Supreme Court, in upholding the convictions, had construed the statute as also covering the act of remaining on the premises of another after receiving notice to leave, a construction adopted in another case in 1961 and applied here. The Court stated that a judicial construction that has the effect of broadening the activities that constitute a crime and is applied retroactively operates precisely like an ex post facto law. As ex post facto application of criminal statutes violates the Due Process Clause of the Fourteenth Amendment, the Court reversed the convictions.
The concurring opinions of Justice Goldberg and Justice Douglas simply stated that they would reverse based upon their opinions in Bell v. Maryland
Bell v. Maryland
Bell v. Maryland, 378 U.S. 226 , provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately-owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the...
, 378 U.S. 226 (1964), another case involving a sit-in demonstration by African American students that was announced the same day as the Bouie decision. The dissenting opinion by Justice Black argued that the conduct of remaining after being told to leave was understood to violate the South Carolina trespass statute, and the opinion in the Bell case that the Fourteenth Amendment did not require an owner of a restaurant to serve customers the owner did not want to serve.
Critical response
Bouie v. City of Columbia was one of five cases involving segregation protests decided on June 22, 1964. The other four cases were Griffin v. MarylandGriffin v. Maryland
Griffin v. Maryland, 378 U.S. 130 , was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were arrested during a protest of a privately owned amusement park by a park employee who was also a deputy sheriff...
, 378 U.S. 130 (1964), Barr v. City of Columbia
Barr v. City of Columbia
Barr v. Columbia, 378 U.S. 146 , was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were refused service at a lunch counter of a department store based upon a prior Court decision, holding that there was insufficient evidence to support...
, 378 U.S. 146 (1964), Robinson v. Florida
Robinson v. Florida
Robinson v. Florida, 378 U.S. 153 , was a case in which the Supreme Court of the United States reversed the convictions of several white and African American persons who were refused service at a restaurant based upon a prior Court decision, holding that a Florida regulation requiring a restaurant...
, 378 U.S. 153 (1964), and Bell v. Maryland. In none of these cases did the Supreme Court reach the merits of any argument addressing whether private actions of segregation which are enforced by state courts constituted a state action
State actor
In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating...
which violated the Equal Protection Clause of the Fourteenth Amendment. These decisions were announced two days after the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
ended a filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
and passed the bill which would become the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, which outlawed segregation in public accommodations. It has been suggested that the Supreme Court refrained from reaching the merits in these cases in consideration of the Act; had it done so, it would have eliminated the basis for passage of the legislation.
See also
- African-American Civil Rights Movement (1955–1968)
- List of United States Supreme Court cases, volume 378