1. NAACP v. ALABAMA ~National Association for the Advancement of Colored People~ 1 st amendment case: 1958

2. ~Case Facts~ -The NAACP was a non-profit organization designed for advancing the welfare of negroes. -They angered the state by playing a role in the Montgomery Bus Boycott and in funding and providing legal assistance for black students. -In order to prevent future activities and ultimately shut down the organization, Alabama state brought a suit against the NAACP, stating that their activities were causing irreparable injury to the people’s property and civil rights. -The state ordered the corporation to cease further activities and issued a restraining order. -Under the state’s order, the court demanded the records of the NAACP, along with a list of its members names and residence. ~ Lead attorney (Representing NAACP) Robert L. Carter~

3. Arguments When the NAACP did not surrender the names and addresses of its members the association was held in contempt and was fined $10,000. Robert L. Carter tried to dissolve the order of the court by arguing that the states suit was intended to violate the NAACP’s freedom of speech and of assembly as protected in the Constitution. He tried to get the contempt judgment to be dismissed but Alabama case law said a petitioner could not request a hearing or to dissolve an order until it proved itself of contempt. The case was taken to the United States supreme court who reversed the contempt judgment, however the Alabama supreme court reinstated the contempt. The Alabama state circuit took over the case but did not listen to the NAACP’s appeals on constitutional grounds and decided that the organization violated Alabama law and ordered it to end business in the state. The case was heard four times by the U.S. Supreme Court, before a certiorari was granted

4. The Verdict Justice John Marshall Harlan II, delivered the Supreme Courts opinion. The Supreme Court decided that the state of Alabama’s requests were a violation of the protection of the 14 th amendment, the Due Process Clause. Freedom to engage in association for the advancement of ideas and beliefs is an inseparable part of the “liberty” protected by the Due Process Clause. The court recognized the significance of the relationship between freedom to associate and privacy in one’s association. They decided that the action of obtaining the names of the NAACP’s members by the state of Alabama, would interfere with the free association of its members and violated constitutional rights of the petitioners, the 1 st amendment. Also the Supreme court said that the sate failed to justify their case against the NAACP. This case was an example of the state abusing power and trying to suppress the rights of its citizens for reasons not justified. the state of Alabama tried to monitor and control the actions and privacy of the organization.