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Civil Procedure Keyed to Babcock
Walker v. City of Birmingham
Citation:
388 U.S. 307 (1967)Facts
Defendant City of Birmingham filed for an injunction to stop 139 people from protesting, claiming it would endanger the safety and welfare of citizens. The court granted a preliminary injunction enjoining the named persons from engaging in mass processions. Eight people, including Plaintiff Walker, still marched. Plaintiffs held a press conference prior to marching stating that they would not follow the injunction because they believed it violated their First and Fourteenth Amendment rights. After the march city officials attempted to keep the court from holding Plaintiffs in contempt of court, but the court refused to waive the infraction because Plaintiffs did not attempt to dissolve the injunction prior to violating it. The court found Plaintiffs in contempt and sentenced them to five days in jail and a $50 fine. Plaintiffs appealed, but the Supreme Court of Alabama affirmed. The United States Supreme Court granted certiorari.
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