Cox v. Louisiana

On 14 December 1961, black students from Southern University picketed stores with racially segregated lunch counter service in Baton Rouge, Louisiana and urged a boycott of those stores as part of a general protest against segregation. The Congress of Racial Equality (CORE) organized the demonstration. The students were arrested and lodged in the parish jail located above the courthouse building. In reaction, a mass student meeting was held on campus and students resolved to demonstrate the next day in front of the courthouse.

The following day about 2,000 students began walking to downtown Baton Rouge. With student leaders of the local CORE chapter already in jail, the Reverend Mr. B. Elton Cox, a Field Secretary to CORE and ordained congregational minister, assumed leadership and cautioned the students to remain orderly and to walk to one side of the sidewalk as they marched toward the courthouse. Two high ranking officials of the city police department and sheriffs office approached and talked to Cox. Cox informed them that the students were marching to protest the student arrests "and also to protest discrimination." Cox told the officers that they would "march by the courthouse, say prayers, sing hymns, display signs, and conduct a peaceful program of protest." Cox declined a request by the officials to disband the group.

The students walked orderly to the courthouse where Police Chief Wingate White inquired about the purpose of the demonstration. Cox again outlined the purpose and activities and White instructed Cox that "he must confine" the demonstration "to the west side of the street," 101 feet from the courthouse steps. Approximately 80 police were stationed in the street between the demonstrators and a group of 100 to 300 curious white people, mostly courthouse workers, gathered on the east side of the street. The program began and the 23 jailed students responded by singing.

Cox stated their purpose was to protest the illegal arrest and that they were not going to commit any violence. In his concluding remarks Cox urged the marchers to go downtown and seek service at the segregated lunch counters. "Muttering" and "grumbling" by the white onlookers began. Perceiving that Cox's speech would cause a disturbance in the city, the sheriff demanded that the demonstration break up immediately. When the demonstrations failed to disperse, police exploded tear gas and the students ran back toward downtown. Cox, trying to calm them, was one of the last to leave. No blacks participating in the demonstration were arrested.

The next day, Reverend Cox was arrested and charged with four offenses under Louisiana law, criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. He was later acquitted of criminal conspiracy but convicted of the other three offenses and sentenced to a total of one year and nine months jail time and fined $5,700. In two separate judgements the Louisiana Supreme Court affirmed all three convictions. Both judgements were appealed.

The U.S. Supreme Court granted certiorari to both appeals. Cox I dealt with the convictions for disturbing the peace and obstructing public passages. Cox II concerned the conviction for picketing before a courthouse.

As in Edwards, the Court in Cox I reversed Reverend Cox's conviction, finding Louisiana's breach of the peace statute unconstitutionally broad. That is, it penalized persons who were legally exercising their rights of free speech and assembly. The Court found the practice of allowing local Baton Rouge officials total discretion in regulating the use of public streets in violation of the First and Fourteenth Amendments. Justice Arthur Goldberg delivered the Court's opinion.