Correspondence from Lani Guinier to Clerk (District Court for the Eastern District of North Carolina) Re: Johnson v. Halifax

    PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE * NEW YORK, N. Y. 10019 + JUdson 6-8397 

JACK GREENBERG CONSTANCE BAKER MOTLEY DR. ALLAN KNIGHT CHALMERS i 
President 

Associate Counsel 

Ses 

4 

SHUTTLESWORTH BEFORE 

U.S. SUPREME COURT : 

February 2%) \ 1964 

INGTON--The U.S. Supreme Court was today asked to reves the 
ama conviction of Rev, Fred L, Shuttlesworth on groundsfthat he 
sentenced for a crime without evidence of guilt. ; 

Jack Greenberg, director-counsel of the NAACP Legal Def Ase 
fund, which has represented the civil rights crusader on numerous 

mer occasions, argued the case, ¥ 

: 4, 
It grew out of an incident in the Greyhound bus station &in 

mingham on May 17, 1961, when Rev. Shuttlesworth accompanil a 
3 “group of freedom riders to the terminal. 
; 3 

(7) All had tickets for bus travel to Montgomery when they arrived 
\ ab the terminal between two and three o'clock that afternoon. ‘ 

et + 3 
\ oop Meanwhile, a hostile white crowd gathered, according to Birm- . 
i ipa gham police, The riders were forced to wait for the four o'clock 

» SWwhen the driver of the three pm departure refused them. ¢ : 
7S % 8 

& aye? The Legal Defense Fund's brief reports that the freedom riders 
q re "standing at a bus stall, apparently about to board" 
oF lice Chief Jamie Moore came up. 

4 Rev. Shuttlesworth asked what was taking place. 
a 

Ba "You are not concerned in this," Chief Moore is repor 
Fi have said. "We are engaged in business. You get out of mys 

don't bother us." 
& 

Chief Moore then announced that all were being arrestéd) and 
en into "the protective custody of the City of Birmingham , 

Recognizing Rev. Shuttlesworth, the Legal Defense Fund -b 
ates, Chief Moore asked, "Shuttlesworth, are you with thi 
te 

WM The minister answered affirmatively, explaining "we have ‘k 
tying to get the bus out for two hours or more." ‘j 

All were arrested without resistance and taken to city j 
Shuttlesworth was the only one against whom charges were 

Mr. Greenberg and co-counsel James M. Nabrit III argued tata t 
eshuttlesworth was denied due process of law by the Alabamat> 

LA 
6 

‘Bhe Birmingham police "were not exercising any legal duty when 
ok the freedom riders in 'protective custody,'"the Legal 
sFund brief asserts. 

aes, * & 
*' "There appears to have been no such concept in Alabama law," 

the Fund's brief maintains, prior to Rev. Shuttlesworth's arrest. 

The Defense Fund attorney's 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. 

ie (more) 



Shuttlesworth Before -2- 
U.S. Supreme Court 

"He was. merely politely: ‘and. wing induiring concerning thei 
treatment of his companions. 

"Moreover," they continue, "the ordinances under which Rev. 
Shuttlesworth was charged and convicted are uncon: ta 
va igue as applied to his situation." 

meys Peter A. Hall and Orzell Billingsley of Alabama. Micha 
fer and George B. Smith of the Fund's national headquarters 
York City were of counsel.