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Brown v. Louisiana

Supreme Court of the United States · 1966 · Constitutional Law

Constitutional LawFirst AmendmentEqual ProtectionBreach of the PeaceCivil Rights ProtestsPublic Facilitiessilent protestpublic library

Facts

Five adult Black men entered the Audubon Regional Library in Clinton, Louisiana, a public library within a segregated regional library system that served Black patrons through a separate blue bookmobile and stamped Black borrowers' cards with the word "Negro." After one petitioner requested a book and the librarian said it would be obtained from the State Library and mailed or made available through the bookmobile, the men quietly remained in the library room for about ten to fifteen minutes as a silent protest against segregation. They said nothing further, made no noise, and disturbed no other patrons; the room was otherwise empty except for library staff. After the librarians and then the sheriff asked them to leave, they refused and were arrested and convicted of disturbing the peace.

Issue

May a state constitutionally convict persons of breach of the peace for quietly remaining in a public library as a silent protest against unconstitutional segregation, when they were lawfully present, orderly, and there was no evidence of intent to provoke disorder or circumstances likely to produce a breach of the peace? Also, can the convictions rest merely on their refusal to obey an order to leave?

Rule

A person lawfully present in a public facility may not be convicted of breach of the peace merely for refusing an order to leave. Application of a breach of the peace statute requires evidence either of intent to provoke a breach of the peace or of circumstances such that a breach of the peace may be occasioned, and the First and Fourteenth Amendments protect peaceful, orderly, silent protest against unconstitutional segregation in a place where the protester has a right to be.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Jackson, Mississippi, four residents enter a city-run archives reading room that is open to the public. After one of them requests a document and is told it will be brought from storage later, the group remains silently for 12 minutes to protest the city's segregated access practices; they do not speak, disturb anyone, or violate any posted rules, and no other patrons are present.

If the group is convicted under a breach-of-the-peace statute requiring intent to provoke disorder or circumstances likely to occasion disorder, plus refusal to disperse after an order, which is the strongest argument for reversal?

Explanation. The controlling rule is that persons lawfully present in a public facility may not be convicted of breach of the peace merely for refusing to leave. The statute requires evidence of intent to provoke a breach of the peace or circumstances such that one may be occasioned. Peaceful, orderly, silent protest in a place where the protesters have a right to be is protected, especially where there is no disturbance, no disruption, and no rule violation.