Cox v. Louisiana
Encyclopedia
Cox v. Louisiana, 379 U.S. 536 (1965), was a United States Supreme Court
case based on the First Amendment
to the U.S. Constitution
. It held that a state government cannot employ "breach of the peace
" statute
s against protesters engaging in peaceable demonstrations that may potentially incite violence.
restaurant in Baton Rouge, Louisiana
led to 23 student protesters from a black college being arrested. The next day, B. Elton Cox, a minister, arranged a protest of 2,000 people at the courthouse where the students were being held. The police agreed to allow the protest as long as it was across the street from the courthouse.
Between 100 to 300 whites gathered on the other side of the street. The protesters began to sing songs and hymns causing the jailed students to respond by singing.
Cox then gave a speech urging the other protesters to sit at the segregated lunch counters causing "muttering" and "grumbling" in the crowd across the street.
A sheriff then ordered the protesters to disperse. When they would not, the police used tear gas to disperse the crowd. The next day Cox was arrested.
states and cities were more greatly influenced by the race struggles that they lived with and saw daily than courts in other areas of the country. In contrast to this, the “Supreme Court justices should have no constituency; they are appointed for life to sit as judges over all people.” (Steel 1968) Largely for this reason, Southern African Americans much preferred arguing in front of federal courts, where they felt they had a greater chance of being judged fairly and according to the law. Studies during the 1950s and 1960s show that African Americans were correct in their favoring of the federal courts over state, as federal courts decided in favor of African American defendants 60% more often than cases in Southern state courts. (Vines 1965: 10) This caused much tension and strife within the respective Southern state or community and forced the Supreme Court to rule in response to the controversial issues of race and discrimination.
By late 1964, when the Supreme Court heard arguments in Cox v. Louisiana, demonstrations and protests marked a change in American society. In a 1965 New York Times editorial, James Reston
spoke on protest and social change when he said “this rising protest in the nation is having its effect.” (Reston 1965: 34) Reston also said “the new activist spirit of the church and the university in America, allied to the modern television and airplane, is now having a profound influence on law and politics in the United States." (Reston 1965) The large scale of demonstrations during this time period gained much public attention, with increased media attention and viewership. (Nielsen ratings
were up by 46% more than average during coverage of a 1963 civil rights march in Washington DC. (see Adams, Val. "TV: Coverage of March". The New York Times August 29, 1963: p. 43.)
, writing for the court, overturned his conviction.
A key piece of evidence, countering the State's claim that the singing from the jail turned the peaceful assembly into a riotous one. There was a film of the protest; the judges watched it with rapt attention. The film showed that it was peaceful until the police joined in.
Labor unions were a factor in the Court's decision. Labor unions use picketing as a common tactic, so any case concerning public assembly is of great interest to labor groups. Justices Black
and Clark
made note of the obstruction charge as bad for labor picketing in their opinions, and even stated that the threat to labor picketing was their main reasoning for the decision. (Kalven 1965) In the words of one justice, Hugo L. Black, “Those who encourage minority groups to believe that the United States Constitution and Federal laws give them a right to patrol and picket in the streets whenever they choose, in order to advance what they think to be a just and noble end, do no service to those minority groups, their cause, or their country.” (Graham, pg 2) Another link with labor groups is Associate Justice Goldberg, the Justice who delivered the opinion in Cox v. Louisiana, was formally special counsel to the major labor group the AFL-CIO
(New York Times July 16, 1960 pg. 7).
Cox v. Louisiana did not provide the response and verdict that some critics believe it could have (Steel, pg. 2) Instead, the Court's response to the civil rights movement
was more ambivalent and reflective of white attitudes that were against black protest. Of the three convictions of Cox, (breach of peace, picketing near the courthouse, and obstruction of a public passageway), the justices all agreed that the breach of peace conviction did not stand. The justices disagreed about the convictions of picketing near the courthouse and the obstruction of a public passageway. While the courts did upset the convictions, “…the opinions…bristled with cautions and with a lack of sympathy for such forms of protest (Klaven pg. 8).”
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...
case based on the First Amendment
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...
to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. It held that a state government cannot employ "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:...
" statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s against protesters engaging in peaceable demonstrations that may potentially incite violence.
Background of the case
The case arose after the picketing of a segregatedRacial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
restaurant in Baton Rouge, Louisiana
Baton Rouge, Louisiana
Baton Rouge is the capital of the U.S. state of Louisiana. It is located in East Baton Rouge Parish and is the second-largest city in the state.Baton Rouge is a major industrial, petrochemical, medical, and research center of the American South...
led to 23 student protesters from a black college being arrested. The next day, B. Elton Cox, a minister, arranged a protest of 2,000 people at the courthouse where the students were being held. The police agreed to allow the protest as long as it was across the street from the courthouse.
Between 100 to 300 whites gathered on the other side of the street. The protesters began to sing songs and hymns causing the jailed students to respond by singing.
Cox then gave a speech urging the other protesters to sit at the segregated lunch counters causing "muttering" and "grumbling" in the crowd across the street.
A sheriff then ordered the protesters to disperse. When they would not, the police used tear gas to disperse the crowd. The next day Cox was arrested.
Social context
All courts adhere to the same judicial standards as the Supreme Court, but local and state courts are more immediately influenced by the political and social environments specific to their location and representative body (Vines 1965: 5). For example, during the 1950s and 1960s, the courts governing SouthernSouthern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
states and cities were more greatly influenced by the race struggles that they lived with and saw daily than courts in other areas of the country. In contrast to this, the “Supreme Court justices should have no constituency; they are appointed for life to sit as judges over all people.” (Steel 1968) Largely for this reason, Southern African Americans much preferred arguing in front of federal courts, where they felt they had a greater chance of being judged fairly and according to the law. Studies during the 1950s and 1960s show that African Americans were correct in their favoring of the federal courts over state, as federal courts decided in favor of African American defendants 60% more often than cases in Southern state courts. (Vines 1965: 10) This caused much tension and strife within the respective Southern state or community and forced the Supreme Court to rule in response to the controversial issues of race and discrimination.
By late 1964, when the Supreme Court heard arguments in Cox v. Louisiana, demonstrations and protests marked a change in American society. In a 1965 New York Times editorial, James Reston
James Reston
James Barrett Reston , nicknamed "Scotty," was an American journalist whose career spanned the mid 1930s to the early 1990s. He was associated for many years with the New York Times.-Life:...
spoke on protest and social change when he said “this rising protest in the nation is having its effect.” (Reston 1965: 34) Reston also said “the new activist spirit of the church and the university in America, allied to the modern television and airplane, is now having a profound influence on law and politics in the United States." (Reston 1965) The large scale of demonstrations during this time period gained much public attention, with increased media attention and viewership. (Nielsen ratings
Nielsen Ratings
Nielsen ratings are the audience measurement systems developed by Nielsen Media Research, in an effort to determine the audience size and composition of television programming in the United States...
were up by 46% more than average during coverage of a 1963 civil rights march in Washington DC. (see Adams, Val. "TV: Coverage of March". The New York Times August 29, 1963: p. 43.)
Court's decision
Justice GoldbergArthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
, writing for the court, overturned his conviction.
A key piece of evidence, countering the State's claim that the singing from the jail turned the peaceful assembly into a riotous one. There was a film of the protest; the judges watched it with rapt attention. The film showed that it was peaceful until the police joined in.
Labor unions were a factor in the Court's decision. Labor unions use picketing as a common tactic, so any case concerning public assembly is of great interest to labor groups. Justices Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
and Clark
Tom C. Clark
Thomas Campbell Clark was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States .- Early life and career :...
made note of the obstruction charge as bad for labor picketing in their opinions, and even stated that the threat to labor picketing was their main reasoning for the decision. (Kalven 1965) In the words of one justice, Hugo L. Black, “Those who encourage minority groups to believe that the United States Constitution and Federal laws give them a right to patrol and picket in the streets whenever they choose, in order to advance what they think to be a just and noble end, do no service to those minority groups, their cause, or their country.” (Graham, pg 2) Another link with labor groups is Associate Justice Goldberg, the Justice who delivered the opinion in Cox v. Louisiana, was formally special counsel to the major labor group the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
(New York Times July 16, 1960 pg. 7).
Cox v. Louisiana did not provide the response and verdict that some critics believe it could have (Steel, pg. 2) Instead, the Court's response to the civil rights movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
was more ambivalent and reflective of white attitudes that were against black protest. Of the three convictions of Cox, (breach of peace, picketing near the courthouse, and obstruction of a public passageway), the justices all agreed that the breach of peace conviction did not stand. The justices disagreed about the convictions of picketing near the courthouse and the obstruction of a public passageway. While the courts did upset the convictions, “…the opinions…bristled with cautions and with a lack of sympathy for such forms of protest (Klaven pg. 8).”
See also
- List of United States Supreme Court cases, volume 379
- Brown v. LouisianaBrown v. LouisianaBrown 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. FloridaAdderley v. FloridaAdderley 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:...
- Edwards v. South CarolinaEdwards v. South CarolinaEdwards v. South Carolina, 372 U.S. 229 , was a case in which the Supreme Court of the United States held that the First and Fourteenth Amendments to the U.S...