National Association for the Advancement of Colored People v. Button (1962)

Docket
5
Decided
1962-01-01
Category
General

Summary

Question: Did the law, as applied to the NAACP's activities, violate the First and Fourteenth Amendments? Conclusion: Yes. In a 6-3 decision, the Court held that the activities of the NAACP amounted to "modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit." NAACP-initiated litigation was "a form of political expression" and not "a technique of resolving private differences," argued Justice William J. Brennan, Jr., who authored the majority opinion. Justice John Marshall Harlan dissented, joined by Justices Potter Stewart and Tom Clark.

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