Shuttlesworth v. City of Birmingham

Shuttlesworth (defendant), an African-American minister, was denied a parade permit under a Birmingham ordinance giving a city commission discretionary authority to approve or deny permits based on subjective factors like public welfare, decency, and morals; after the commission refused his application, Shuttlesworth marched anyway with dozens of others, was arrested after four blocks, and convicted, receiving a sentence including hard labor. The state court of appeals found the ordinance unconstitutional and vacated the conviction, but the state supreme court held the ordinance constitutional when narrowly construed to require consistent, non-discriminatory application, and reinstated the conviction; Shuttlesworth sought U.S. Supreme Court review.