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 October 08, 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. 

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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. 

= 30 -=

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