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Keywords

litigationattorneystatuteappealcivil rights
attorneystatuteappealcorporationnonprofit

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National Ass’n for Advancement of Colored People v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405

Facts

The NAACP and its Legal Defense Fund filed suits in 1957 against Virginia statutes that they claimed violated the Fourteenth Amendment. A three-judge federal court struck down some statutes but abstained from ruling on others pending state court interpretation. The Virginia Circuit Court upheld the statutes as constitutional, but the Virginia Supreme Court of Appeals later affirmed this in part, leading to the NAACP's appeal to the U.S. Supreme Court. The case centered on the NAACP's activities in financing litigation aimed at ending racial segregation in Virginia's public schools.

The NAACP was formed in 1909 and incorporated under New York law as a nonprofit membership corporation in 1911.

Issue

Whether Virginia's Chapter 33, which restricts the solicitation of legal business, violates the First and Fourteenth Amendments as applied to the activities of the NAACP.

The only issue before us is the constitutionality of Chapter 33 as applied to the activities of the NAACP.

Rule

The First and Fourteenth Amendments protect the rights of association and expression, which include the activities of organizations like the NAACP that assist individuals in seeking legal redress.

We hold that the activities of the NAACP, its affiliates and legal staff shown on this record are modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit.

Analysis

The Supreme Court analyzed the application of Chapter 33 and determined that it broadly prohibited any arrangement where individuals were advised to seek assistance from specific attorneys, which included the NAACP's legal staff. The Court found that this prohibition posed a significant threat to First Amendment freedoms, as it could deter individuals from seeking legal help and inhibit the NAACP's ability to advocate for civil rights.

We conclude that under Chapter 33, as authoritatively construed by the Supreme Court of Appeals, a person who advises another that his legal rights have been infringed and refers him to a particular attorney or group of attorneys (for example, to the Virginia Conference's legal staff) for assistance has committed a crime.

Conclusion

The Supreme Court reversed the judgment of the Virginia Supreme Court of Appeals, holding that Chapter 33, as applied to the NAACP's activities, violated the First and Fourteenth Amendments.

We hold that Chapter 33 as construed violates the Fourteenth Amendment by unduly inhibiting protected freedoms of expression and association.

Who won?

The NAACP prevailed in the case because the Supreme Court found that the Virginia statutes unconstitutionally restricted its rights to free expression and association.

The NAACP prevailed in the case because the Supreme Court found that the Virginia statutes unconstitutionally restricted its rights to free expression and association.

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