Summary

Portrait of William O. Douglas William O. Douglas Walker v. City of Birmingham — Dissent

The record shows that petitioners did not deliberately attempt to circumvent the permit requirement. Rather they diligently attempted to obtain a permit and were rudely rebuffed and then reasonably concluded that any further attempts would be fruitless.
The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it is invalid on its face.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Walker v. City of Birmingham — Dissent

One who reads this record will have, I think, the abiding conviction that these people were denied a permit solely because their skin was not of the right color and their cause was not popular.
A court does not have jurisdiction to do what a city or other agency of a State lacks jurisdiction to do. The command of the Fourteenth Amendment, through which the First Amendment is made applicable to the States, is that no 'State' shall deprive any person of 'liberty' without due process of law.
Source: Wikisource

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