Tom C. Clark

“ I have always been taught that this Nation was dedicated to freedom under law not under mobs, whether they be integrationists or white supremacists. Our concept of equal justice under law encompasses no such protection as the Court gives Cox today. The contemporary drive for personal liberty can only be successful when conducted within the framework of due process of law. Goals, no matter how laudable, pursued by mobocracy in the end must always lead to further restraints of free expression. ”

“ It has been said that an author is always pleased with his own work.
But the Court excuses Cox's brazen defiance of the statute the validity of which the Court upholds-on a much more subtle ground. It seizes upon the acquiescence of the Chief of Police arising from the laudable motive to avoid violence and possible bloodshed to find that he made an on-the-spot administrative determination that a demonstration confined to the west side of St. Louis Street-101 feet from the courthouse steps-would not be "near" enough to the court building to violate the statute. ”

“ For the Court to place its imprimatur upon it is a misfortune that those who love the law will always regret.
I must, therefore, respectfully dissent from this action and join my Brother BLACK on this facet of the case. I also agree with him that the statute prohibiting obstruction of public passages is invalid under the Equal Protection Clause. [1] And, as will be seen, I arrive at the same conclusion for the same reason on the question regarding the breach of the peace statute. ”