Supreme Court to Hear Tennessee Rights Case
Press Release
March 8, 1965
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Press Releases, Volume 2. Supreme Court to Hear Tennessee Rights Case, 1965. 4c9e20bb-b592-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6fac4469-efbd-41f9-a8fc-868694308115/supreme-court-to-hear-tennessee-rights-case. Accessed December 04, 2025.
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PRESS RELEASE
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND
10 COLUMBUS CIRCLE * NEW YORK, N. Y. 10019 © JUdson 6-8397
DR. ALLAN KNIGHT CHALMERS JACK GREENBERG. CONSTANCE BAKER MOTLEY
President Director-Counsel Associate Counsel
For Further Information FOR RELEASE es
call Jesse DeVore, Director Monday
Public Information JU 6-8397 or March 8, 1965
RI 9-8487 (212)
SUPREME COURT TO HEAR
TENNESSEE ‘RIGHTS CASE
WASHINGTON=-The U.S. Supreme Court heard argument here today
asserting that a group of Nashville, Tenn, Negro college students
“should be cleared of charges stemming from an attempted sit-in of
October 12, 1962.
The students wre stopped at the door of Burrus and Webber Caf-
; eteria by a doorman. They waited for 20 minutes in the vestibule
=
until they were arrested. is
ee Adames Nabrit, III, of the NAACP Legal Defense Fund argued that
enactment of the Civil Rights Act of 1964, subsequent to lower
court convictions, but while they were still under direct review,
is grounds for outright dismissal of the case or, return to the
state courts for reconsideration in light of the new legislation.
Attorney Nabrit pointed our that discrimination was permitted
under Tennessee law at the time of the convictions and the students,
"were prosecuted under a presentment that characterized their
integration movement as an unlawful conspiracy.
"Thus Tennessee," Attorney Nabrit maintained, "adopted the
posture of supporting and enforcing segregationist policies.
"This denied the students equal protection of the laws in
violation of the 14th Amendment."
He added that the convictions denied due process of law in that
the record of the case does not contain any evidence of essential
elements of the crime charged---unlawful conspiracy.
“All the evidence shows," Mr, Nabrit continued, “that peti-
tioners (students) went to a cafeteria to attempt to obtain service,
were barred from entrance after they had gone into a small vestibule
and that the resulting congestion made it inconvenient for other
patrons.”
Legal Defense Fund Attorney Nabrit asserted that the trial
judge instructed the jury that the students were charged with
violating a law--when no such charge was in the indictment,
Moreover, the law was civil, not criminal.
The Supreme Court of Tennessee admitted the error of the trial
judge but dismissed it as insubstantial.
Mr, Nabrit was joined by Jack Greenberg, director-counsel of
the Legal Defense Fund.
Terinessee cooperating attorneys of the Legal Defense Fund
include Avon N. Williams, Jr. and Z, Alexander Looby. Assistant
Counsel, Charles S. Ralston of the Fund's New York City head-
quarters was of counsel. :
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