Supreme Court to Hear Tennessee Rights Case

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- 4c9e20bb-b592-ee11-be37-00224827e97b

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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 October 10, 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. : 

«30-

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Supreme Court to Hear Tennessee Rights Case

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