PLS 460 Adderley v Florida

PLS 460 Adderley v Florida - petition, due process of law...

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Adderley v Florida Supreme Court of the United States, 1966 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149 Facts: Harriet Adderley and other university students gathered at a jail in Tallahassee to protest continuing state and local policies of racial segregation, including segregation in the jail itself, and to protest against earlier arrests of demonstrators. The county sheriff warned the students that he would arrest then if they did not leave the premises. Those who remained were arrested and later convicted for violating a state statute prohibiting trespass “committed with a malicious and mischievous intent.” Legal History: Two state courts affirmed the convictions, and the U.S. Supreme Court granted certiorari. Question: Whether the petitioners were denied their rights of free speech, assembly,
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Unformatted text preview: petition, due process of law and equal protection of the laws as guaranteed by the First and Fourteenth Amendments? Reasoning: The Court found that there were no constitutional violations in this case. The language of the Florida statute was clearly defined and applied, argued Justice Black, which prevented it from imposing broad infringements on speech and expression rights. Furthermore, since the sheriff acted to maintain access to the jail house and not because he "objected to what was being sung . . . or disagreed with the objectives of the protest," there were no First Amendment violations. Black concluded that the state does have the power to control its own property for lawful, nondiscriminatory purposes. This was not a place that was commonly used for the public....
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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