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Walker v. City of Birmingham: Difference between revisions

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Walker, MLK, and other protestors defied the anti-protest court injunction and marched anyway.
Walker, MLK, and other protestors defied the anti-protest court injunction and marched anyway.
|procedural_history=AT their '''Order to show cause''' court hearing, Walker and others challenged the [[US Constitution|constitutionality]] of the court injunction and the city's parade ordinance.
|procedural_history=At their '''order to show cause''' court hearing, Walker and others challenged the [[US Constitution|constitutionality]] of the court injunction and the city's parade ordinance.
|issues=Is it legally okay to disobey a court injunction if the constitutional validity of the court order is disputed by the challenger (MLK and protesters)?
|issues=Is it legally okay to disobey a court injunction if the constitutional validity of the court order is disputed by the challenger (MLK and protesters)?
|arguments=Walker and MLK contended that because the protest permit denial violated their [[1st Amendment]] rights, they had a right to violate the injunction of the Alabama court.
|arguments=Walker and MLK contended that because the protest permit denial violated their [[1st Amendment]] rights, they had a right to violate the injunction of the Alabama court.
The trial judge argued that the demonstrators hadn't filed a motion to seek to resolve the injunction against protesting.
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://www.quimbee.com/cases/walker-v-city-of-birmingham
|link=https://www.quimbee.com/cases/walker-v-city-of-birmingham

Revision as of 20:26, January 14, 2023

Walker v. City of Birmingham
Court Supreme Court of the United States
Citation
Date decided June 12, 1967

Facts

Martin Luther King, Jr. was arrested on Good Friday in April 1963 for violating an anti-protest court injunction in Birmingham, Alabama. While in prison, King wrote his "Letter from Birmingham Jail".

Wyatt Walker (1929 - 2018) was a friend of MLK named in this lawsuit. Walker's request for a protest permit on Easter in 1963 had been denied by the City of Birmingham, Alabama.

Walker, MLK, and other protestors defied the anti-protest court injunction and marched anyway.

Procedural History

At their order to show cause court hearing, Walker and others challenged the constitutionality of the court injunction and the city's parade ordinance.

Issues

Is it legally okay to disobey a court injunction if the constitutional validity of the court order is disputed by the challenger (MLK and protesters)?

Arguments

Walker and MLK contended that because the protest permit denial violated their 1st Amendment rights, they had a right to violate the injunction of the Alabama court.

The trial judge argued that the demonstrators hadn't filed a motion to seek to resolve the injunction against protesting.

Case Text Links