Supreme Court to Hear Crucial Protest Demonstration Cases This Week

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Student Activists Lead in the Fight for Civil Rights

    PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

Ss 

SUPREME COURT TO HEAR CRUCIAL 
PROTEST DEMONSTRATION CASES THIS WEEK October 30, 1%2 

NEW YORK -- The United States Supreme Court will hear the week of 

November 5th, argument on seven crucial race relations cases growing 

out of the student sit-in movement. 

Jack Greenberg, Director-Counsel of the NAACP Legal Defense 

Fund, said today that the arguments involve "the most important 

civil rights issues since the school desegregation cases of 1954," 

The cases involve demonstrations by Negro youths from six 

southern states -- Alabama, North Carolina, South Carolina, Georgia, 

Louisiana and Maryland. They will be heard on appeal from state 

courts which have upheld the convictions. 

Greenberg said that the Supreme Court will allow ten houzs of 

argument on the seven cases. They will be heard successively begin- 

ning Monday morning, November 5th, with arguments expected to 

conclude Wednesday afternoon. Greenberg said he expects the Court 

to announce its decisions early next year. 

The appeals will question the validity of state trespass laws 

under which most of the 3,000 Negro students still under sentence 

for demonstrations were convicted. Greenberg said the cases go to 

the heart of the right of state governments to enforce discrimina- 

tion policies of private property owners, as in the case of 

segregated restaurants and lunch counters. 

"These cases may well indicate the future course of protest 

demonstrations against racial discrimination," the Legal Defense Fund 

Chief added. 

The North Carolina case involves a lunch counter demonstration 

in Durham, N. C. by five Negro and two white students in May 1960. 

Greenberg will argue the NAACP Legal Defense Fund appeal. 

The two Alabama cases involve lunch counter demonstrations in 

Birmingham in March 1960 by ten Negro youths, and appeals of convic- 

tions of Rev. Fred Shuttlesworth and Charles Billups for “inciting” 



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time, he had written more than ten letters to the Registrar inquiring 

about his application. 

In the Fund brief submitted last week, South Carolina NAACP 

attorney Matthew Perry contends that Clemson College is pursuing, 

in denying Gantt admission, a long-standing custom, supported by 

state law, of refusing admission to Negro students. 

The brief also maintains that (1) South Carolina's policy of 

racial segrégation is reflected in numerous legislative sanctions, 

and that (2) Gantt has the legal right to seek an injunction in this 

case not only for himself, but for subsequent Negro applicants who 

are qualified for admission. 

Gantt has withdrawn from Iowa State and is now at home await- 

Sng Judge Wyche's decision, and any subsequent legal moves should 

that decision be unfavorable. 

NAACP Legal Defense Fund attorneys for Gantt besides 

Mrs. Motley and Mr. Perry are Lincoln C, Jenkins, Jr., of Columbia, 

Donald J. Sampson and Willie T. Smith, Jr. of Greenville, and 

Jack Greenberg of New York City.