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Civil Procedure Keyed to Marcus
Walker v. City of Birmingham
Citation:
388 U.S. 307 (1967)Facts
In April 1963, civil rights leaders in Birmingham, including Dr. Martin Luther King Jr., planned demonstrations to protest racial segregation. City officials obtained a temporary injunction from the Alabama Circuit Court prohibiting the leaders from conducting demonstrations without a permit as required by a city ordinance. The injunction was issued ex parte on April 10, 1963, and served on several of the leaders the next day. Despite receiving notice of the injunction, the leaders held a press conference announcing their intention to disobey it, characterizing it as “raw tyranny under the guise of maintaining law and order.” Without seeking to have the injunction dissolved or modified, and without applying for a parade permit, they conducted demonstrations on Good Friday (April 12) and Easter Sunday (April 14), leading to their arrest. At the contempt hearing, the leaders attempted to challenge the constitutionality of both the injunction and the underlying parade ordinance, arguing they were vague, overbroad, and restrained free speech. The circuit judge refused to consider these arguments, holding that the only issues were whether the court had jurisdiction to issue the injunction and whether the petitioners had knowingly violated it.
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