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371 U.S. 415 (1963), argued 8 Nov. 1961, reargued 9 Oct. 1962, decided 14 Jan. 1963 by vote of 5 to 1 to 3; brennan-2for the Court, White concurring in part and dissenting in part, bob-harlan, Clark, and stewart-riverin dissent. This case arose in the context of a virginia"barratry" statute that challenged civil rights groups (such as the naacp) and their attorneys who utilized the courts to combat racial discrimination through sponsored litigation. Under the statute attorneys who represented organizations having no "pecuniary interest" in such litigation were subject to disbarment-2.
The Supreme Court said that the NAACP could assert the rights of its members in defending against the claim that they had engaged in barratry, the illegal solicitation of legal business. Further, the NAACP's efforts to provide attorneys in suits challenging racial discrimination were protected by the first-amendment-to-the-united-states-constitutionand fourteenth-amendment-to-the-united-states-constitutionAmendments. Writing in dissent, Justice John M. john-marshall-harlanargued that unlike other group activities such as association, discussion, and advocacy, litigation was primarily conduct and not expression. Thus, it was subject to reasonable state regulation. The majority disagreed, however, and held that sponsored litigation might be the only means through which some groups could express the grievances of their members and seek redress. Such group litigation was protected by the First Amendment and, indeed, statutes such as those at issue in this case posed "the gravest danger of smothering all discussion looking to the eventual institution of litigation on behalf of the rights of Negroes" (pp. 416--417). The Buttondecision represents a landmark ruling upholding interest group utilization of the judicial process as a prime component of their political activity.
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∙ 14y ago
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∙ 12y agoWiki User
∙ 14y agoRosa & Raymond Parks in 1955
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∙ 9y agoW.E.B Du Bois
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What event led to directly to the founding of the NAACP?
Rosa
Which event occurred last founding of the NAACP brown v board of education reconstruction of plessy v ferguson?
Brown v. Board of Education
Which event sparked World War I?
which event sparked world war 1?
What event sparked the founding of the national association for the sdvancement of colored people?
i really do not know so i am srry because you were probably looking for an answer that i did not give srry bii
What is the founding date of the NAACP?
February 12 1909
What was the one reason the founding of the NAACP?
Some of the reasons for the founding of the NAACP were:The desire to oppose racismAfrican Americans' desire for more opportunitiesJim Crow lawsSegregation laws
Noted african american intellectual and civil rights activist web dubois was a founding member of which orginization in 1910?
National Association of the Advancement of Colored People (NAACP)
What event sparked the founding of the American Association for the Advancement of Colored People?
Slaves had been around before, but the invention of the cotton gin majorly increased the demand for slaves in the southern states.
What African American leader played a role in founding the naacp?
W. E. B. DuBois was the African American leader who played a major role in founding the NAACP (National Association for the Advancement of Colored People).
What African leader played a major role in founding NAACP?
W. E. B. DuBois was the African American leader who played a major role in founding the NAACP (National Association for the Advancement of Colored People).
What African American leader played major role in founding the NAACP?
W. E. B. DuBois was the African American leader who played a major role in founding the NAACP (National Association for the Advancement of Colored People).
What African American leader played a major role in founding in NAACP?
W. E. B. DuBois was the African American leader who played a major role in founding the NAACP (National Association for the Advancement of Colored People).
