Shuttlesworth Before U.S. Supreme Court
Press Release
February 27, 1964
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Press Releases, Loose Pages. Shuttlesworth Before U.S. Supreme Court, 1964. c519f5a7-bd92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/8b645148-fdc7-4634-83f2-43cf0933e759/shuttlesworth-before-us-supreme-court. Accessed December 04, 2025.
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PRESS RELEASE
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND
10 COLUMBUS CIRCLE + NEW YORK, N. Y. 100197 © JUdson 6-8397
DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY
President Director-Covesel Associate Counsel
Se
SHUTTLESWORTH BEFORE
U.S. SUPREME COURT
February 27, 1964
WASHINGTON--The U.S. Supreme Court was today asked to reverse the
Alabama conviction of Rev, Fred L, Shuttlesworth on grounds that he
was sentenced for a crime without evidence of guilt.
Jack Greenberg, director-counsel of the NAACP Legal Defense
Fund, which has represented the civil rights crusader on numerous
other occesions, argued the case.
It grew out of an incident in the Greyhound bus station in
Birmingham on May 17, 1961, when Rev. Shuttlesworth accompanied a
group of freedom riders to the terminal.
All had tickets for bus travel to Montgomery when they arrived
at the terminal between two and three o'clock that afternoon.
Meanwhile, a hostile white crowd gathered, according to Birm-
ingham police. The riders were forced to wait for the four o'clock
bus when the driver of the three pm departure refused them,
The Legal Defense Fund's brief reports that the freedom riders
were "standing at a bus stall, apparently about to board" when
Police Chief Jamie Moore came up.
Rev. Shuttlesworth asked what was taking place.
"You are not concerned in this," Chief Moore is reported to
have said. "We are engaged in business. You get out of my way and
don't bother us."
Chief Moore then announced that all were being arrested and
taken into "the protective custody of the City of Birmingham."
Recognizing Rev. Shuttlesworth, the Legal Defense Fund brief
relates, Chief Moore asked, "Shuttlesworth, are you with this group?"
The minister answered affirmatively, explaining "we have been
trying to get the bus out for two hours or more."
All were arrested without resistance and taken to city jail, but
Rev. Shuttlesworth was the only one against whom charges were pressed
Mr. Greenberg and co-counsel James M. Nabrit III argued that
Rev. Shuttlesworth was denied due process of law by the Alabama
Courts.
The Birmingham police "were not exercising any legal duty when
they took the freedom riders in 'protective custody,*"the Legal
Defense Fund brief asserts.
"There appears to have been no such concept in Alabama law,"
the Fund's brief maintains, prior to Kev. Shuttlesworth's arrest.
The Defense Fund attorneys further assert that "the police il-
legally arrested the freedom riders while they (the riders) were
exercising a federally protected right."
They further deny that Rev. Shuttlesworth "interfered with the
police in whatever it was they were doing.
(more)
Shuttlesworth Before -2-
U.S. Supreme Court
"He was merely politely and quietly inquiring concerning their
treatment of his companions,
"Moreover," they continue, "the ordinances under which Rev,
Shuttlesworth was charged and convicted are unconstitutionally
vague as applied to his situation."
Messrs. Greenberg and Nabrit were joined by Legal Defense Fund
attorneys Peter A, Hall and Orzell Billingsley of Alabama. Michael
Meltsner and George B. Smith of the Fund's national headquarters
in New York City were of counsel.
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