Little Rock Look Back: SCOTUS decision in BATES v LITTLE ROCK case

On February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. KirbyJudge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were heard on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it.

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators.

In 1960 Bennett was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP.

Little Rock Look Back: US Supreme Court rules in Bates v. City of LR

On February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. KirbyJudge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were heard on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it.

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators.

In 1960 Bennett was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP.

Little Rock Look Back: US Supreme Court decision in BATES V. LITTLE ROCK

bates daisyOn February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. KirbyJudge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were heard on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it.

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators.

In 1960 Bennett was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP.

Little Rock Look Back: Bates v. Little Rock US Supreme Court decision

bates daisyOn February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. Kirby, Judge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were herd on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it. 

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators. 

In 1960 he was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.  

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP. 

Robinson Redux March

Blackstone adWhile Robinson Center Music Hall is closed for renovations, the Culture Vulture blog is taking a look back at previous bookings in the facility each month.

March 1940 was the first full month that Robinson Auditorium was open.  The month started with Blackstone the magician in performances from March 2 through 4. In addition to his appearance touted by the auditorium, Muswick Beverage & Cigar Company promoted his appearance, and the fact that he endorsed Budweiser beer.  Later that month, appearances included the Shrine Circus, the AAU girls basketball championship, and the Saint Louis Symphony.

March 1950 was a particularly busy month. It featured singer Vaughn Monroe on the 6th and the Arkansas State Symphony playing Beethoven’s Ninth Symphony on the 7th.  On the lower level, a circus took up residency from the 7th through 10th.  Back upstairs in the music hall, Ballet Theatre visited performing Balanchine’s “Theme and Variations” featuring ballerina Nora Kaye and conductor Max Goberman.  The month concluded on the 27th with James Dunn starring in the Pulitzer Prize winning Harvey.

In 1955, Jose Greco and His Spanish Dancers entertained audiences on March 7. Five years later, the Chicago Ballet was featured on March 26, 1960. Earlier that month (the 16th), Max Rudolf conducted the Cincinnati Symphony Orchestra. March 1965 feautured the Chicago Opera Ballet (on the 2nd) and an evening of country music stars including Buck Owens and Kitty Wells (on the 10th).

In March 1970, the national tour of the Broadway musical Mame starring Sheila Smith launched the month on the 6th and 7th. Later that month The Florida Boys were in concert. March 1975 saw much activity at Robinson Center. Guy Lombardo and his orchestra appeared on the 2nd and Richard Fredricks, baritone, gave a recital on the 4th, under the auspices of the Community Concert Series. On March 5 & 6, a statewide touring production of South Pacific played at Robinson. Produced by Vince Insalaco, it starred Judy Pryor (now Judy Trice) as Little Rock native Nellie Forbush. The month closed out with the national tour of Fiddler on the Roof.

March 1980 saw Dawn Wells starring in Neil Simon’s Chapter Two on the 8th. The Arkansas Symphony Orchestra performed on the 15th and 16th with pianist Lorin Hollander as guest artist. Five years later, Marilyn Horne appeared with the ASO on March 2, 1985. At the same time that evening, the Shriners Ball was taking place on the lower level. Later that month a national tour of Sophisticated Ladies stopped by Robinson on the 12th. The ASO returned on March 20 & 21 with pianist Garrick Ohlsson.

The Sharks and the Jets lept on the stage on March 20, 1990, as a tour of West Side Story came to Robinson Center. The month concluded with pianist Jose Carlos Cocarelli in concert with the ASO.

Marilyn Horne returned to Little Rock, ten years and one day after her previous appearance, and performed with the ASO again on March 3, 1995. The month also included The Will Rogers Follies on March 10-12, Jazz Explosion II (with George Duke, Dianne Reeves, Phil Perry, Howard Hewett, and George Howard) on March 15, and the ASO in concert with cellist Jeffrey Solow on March 18 & 19. On March 22, the musical Raisin was performed. The cast included Peabo Bryson, Jeffrey Osborne and Lynette Hawkins.

As the 2000s rolled around, Robinson Center continued to feature an eclectic mix. In March 2000, Ann Hampton Callaway performed with the ASO on March 4 & 5. Later that month the original cast of Red, White & Tuna played at Robinson from March 14 through 19. In 2005, the national tour of Mamma Mia! played at Robinson from March 1-6. Later that month the ASO performed Broadway a la Carte with an eveningn of songs from the Great White Way (on March 18 & 19).

In 2010, the ASO performed a concert version of Porgy & Bess on March 12 & 13. It was the first time that title had ever been performed in its entirity in Arkansas. Irish dance took the stage the next night as Lord of the Dance took up residence at Robinson Center.