Shuttlesworth v. Birmingham II (1969)

Facts:
Rev. Fred Shuttlesworth and approx. 50 other blacks, on Good Friday in 1963, walked four blocks peacefully to protest the denial of civil rights to Negroes. They did not apply for a permit and were arrested for violating the city code that requires a permit for a march. Shuttlesworth was convicted of violating the ordinance and was sentenced to 90 days at hard labor. He got an additional 48 days for refusing to pay the fine. The Alabama appeals court reversed the conviction, and the Alabama Supreme Court reinstated the conviction.

Issues:

1. Is the city ordinance invalid because it provides no narrow, objective, and definite standards for the licensing authority?

2. Can a person ignore a law he/she thinks is unconstitutional?

USSC Ruling: Conviction reversed 8-0

Court Reasoning: Justice Potter Stewart wrote for the Court

•  The law requiring a permit functions as a prior restraint and provides no clear standards for the city manager.
• A person may ignore a law that is facially unconstitutional.

In a concurrence, Justice Harlan expresses his concern about granting permission to ignore laws.