Summary
In Abernathy v. Ala., 380 U.S. 447, 85 S.Ct. 1101, 14 L.Ed.2d 151, the going about in a peaceful way, lawful conduct — though irritating to others — could not be the basis of incitement to a breach of the peace.
Summary of this case from Baines v. City of BirminghamOpinion
No. 9.
Argued October 12-13, 1964. Decided April 5, 1965.
42 Ala. App. 149, 155 So.2d 586, reversed.
Louis H. Pollak argued the cause for petitioners. With him on the brief were Jack Greenberg, Constance Baker Motley, James M. Nabrit III, Fred D. Gray and Charles S. Conley.
Leslie Hall, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was Richmond M. Flowers, Attorney General of Alabama.
The judgments are reversed. Boynton v. Virginia, 364 U.S. 454.
MR. JUSTICE BLACK and MR. JUSTICE WHITE took no part in the consideration or decision of this case.