Supreme Court of the United States

Shuttlesworth v. City of Birmingham

November 15, 1965382 U.S. 87

Summary

The Supreme Court reversed Shuttlesworth’s convictions under Birmingham ordinances §§1142 and 1231, holding each unconstitutional as applied because the statutes were overbroad and unsupported by evidence, and remanded for further proceedings consistent with this opinion.

Holding

  • Whether §1142 of the Birmingham Code, as applied to Shuttlesworth, violates the Fourteenth Amendment’s Due Process and First Amendment guarantees.. Shuttlesworth’s conviction under §1142 is invalid because the ordinance, as applied, is unconstitutionally overbroad and was not limited by the Alabama Court of Appeals at the time of his trial.
  • Whether §1231 of the Birmingham Code, as applied to Shuttlesworth, violates the Fourteenth Amendment’s Due Process because no evidence supported the conviction.. Shuttlesworth’s conviction under §1231 is invalid because there was no evidence that the officer was directing vehicular traffic, so the ordinance did not apply.

Docket 5

Cited authorities

  • 109 U. Pa. L. Rev. 67