Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina. In Edwards v. South Carolina, 372 U.S. 229 (1963), the Supreme Court ruled that South Carolina had violated students’ First Amendment rights of peaceable assembly, speech, and petition when the police dispersed a peaceful protest against segregation.The case illustrates one of the roles played by the First Amendment in the civil rights movement of the 1950s and 1960s. Kalven, Harry, Jr.
David L. Hudson, Jr. is a law professor at Belmont who publishes widely on First Amendment topics. (AP Photo/RWT, used with permission from the Associated Press).
The case resulted from a protest on March 2, 1961, when 187 peaceful civil rights protestors were arrested at the South Carolina State House. The students were convicted of breach of the peace. Edwards v. South Carolina (1963) [electronic resource]. The judgment of the Supreme Court of South Carolina is vacated and the case is remanded for consideration in light of Edwards v. South Carolina, 372 U.S. 229. Cases are browsable by date and searchable by docket number, case title, and full text. © 2020 National Cable Satellite Corporation. The case began on March 2, 1961, when a group of African-American high school and college students marched on the South Carolina State House grounds in Columbia to protest segregation. The case resulted from a protest on March 2, 1961, when 187 peaceful civil rights protestors were arrested at the South Carolina State House. He believed that the police had acted reasonably in preventing a possible riot. He concluded that the First and 14th Amendments do not “permit a State to make criminal the peaceful expression of unpopular views.”, Justice Tom C. Clark, in a lone dissent, asserted that the majority understated the facts that faced the police in Columbia and that the students’ actions were “by no means the passive demonstration which this Court relates.”. He also is the author of many First Amendment books, including The First Amendment: Freedom of Speech (Thomson Reuters, 2012) and Freedom of Speech: Documents Decoded (ABC-CLIO, 2017). Hudson, David L. Jr. "Student Activists, School Walkouts, and the First Amendment." Instead of leaving, the students chanted patriotic and religious songs. About 200 students participated with care to maintain spacing between themselves on the sidewalk. In an 8-1 decision authored by Justice Potter Stewart, the Court reversed the criminal convictions of the black students. This case involves the conviction of 187 Negro students in Columbia, South Carolina for a common law breach of the peace for having engaged in a demonstration at and around the Columbia, South Carolina State House.
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