Correspondence from Lani Guinier to Charles Howard Re United States v. Turner

    PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORKI19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG 
President 

CONSTANCE BAKER MOTLEY 
Director-Counsel Associate Counsel 

B25 

U. S, SUPREME COURT ASKED TO HEAR 
TWO MORE SOUTH CAROLINA SIT-IN CASES 

April 9, 1962 

NEW YORK -- Two Scuth Carolina sit-in cases were appealed to the 

United States Supreme Court by NAACP Legal Defense Fund attorneys today. 

The high Court was asked to review convictions of 24 Negro high 

school students in Charleston and five college students in Columbia. 

There are now four South Carolina sit-in cases pending before the 

U. S,. Supreme Court. As yet, no action has been taken by the Court in 

any of the cases. 

The Charleston case involves a sit-in at a Kress Department store 

on April 1, 1960. The students sat in an orderly manner for almost six 

hours before they were asked to leave by the Chief of Police, The Polic 

chief testified that he had received a bomb threat, and had asked the 

students to leave for their own safety. They refused and were arrested 

for trespassing and "interfering with an officerof the police depart- 

ment," 

The group was convicted on both counts in Recorders Court in 

Charleston, but the South Carolina Supreme Court threw out the “inter- 

fering" charge on appeal. 

In their petition to the U. S. Supreme Court, Defense Fund attor- 

neys argue that the trespass statute gave "no fair and effective 

warning" to the students that their actions were prohibited. 

The Columbia case involves five Benedict College students who 

sat-in at a pharmacy lunch counter on March 15, 1960. The lunch counter 

only serves Negroes on a take-out basis. 

The manager asked the students to leave, and when they refused, 

three policemen who were already present arrested the group for tres- 

passing, 

Fund attorneys contend that the convictions conflict with prior 

decisions of the U, S. Supreme Court which condemn the use of state 

power to enforce a state custom of racial segregation, 



Oe 

NAACP Legal Defense and Educational Fund attorneys representing 

the petitioning students are Matthew J. Perry and Lincoln C, Jenkins, 

Jr., of Columbia, S, C., John H, Wrighten and Russel Brown of 

Charleston, S. C., and Jack Greenberg, Constance Baker Motley, James 

M, Nabrit, III, Michael Meltsner and Leroy D, Clark, all of New York 

City.