National Association for the Advancement of Colored People v. Claiborne Hardware Company (1981)
- Docket
- 81-202
- Decided
- 1981-01-01
Summary
Question: Are the nonviolent elements of the petitioners’ activities entitled to the protection of the First Amendment? (1) If so, is a protest liable in damages caused by the nonviolent, protected activity? Conclusion: Yes, no. Justice John Paul Stevens delivered the opinion of the 8-0 majority. The Court held that the nonviolent elements of the protesters’ activities are entitled to the protection of the First Amendment. In this case, the members of the NAACP exercised their First Amendment right of speech, assembly, and petition in a nonviolent way to bring about social change. The NAACP is not liable in damages for the consequences of their nonviolent activity and the damages cannot be recovered because the violence or threats of violence were not a proximate cause of the business losses. Justice Thurgood Marshall took no part in the consideration or decision of this case.