Henry 64 v. City of Rock Hill, No. 826

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation376 U.S. 776,84 S.Ct. 1042,12 L.Ed.2d 79
PartiesLeroy HENRY, and 64 Others, Petitioners, v. CITY OF ROCK HILL
Docket NumberNo. 826
Decision Date06 April 1964

376 U.S. 776
84 S.Ct. 1042
12 L.Ed.2d 79
Leroy HENRY, and 64 Others, Petitioners,

v.

CITY OF ROCK HILL.

No. 826.
April 6, 1964.

Jack Greenberg, Constance Baker Motley, Matthew J. Perry, Lincoln C. Jenkins, Jr., Donald James Sampson and Willie T. Smith, Jr., for petitioners.

PER CURIAM.

When this case was last before us, we granted certiorari, vacated the judgment holding petitioners guilty of breach of the peace, and remanded the case to the Supreme Court of South Carolina 'for further consideration in light of Edwards v. South Carolina, 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697.' 375 U.S. 6, 84 S.Ct. 44, 11 L.Ed.2d 38. That has been our practice in analogous situations where, not certain that the case was free from all obstacles to reversal on an intervening precedent, we remand the case to the state court for reconsideration. Daegele v. Kansas, 375 U.S. 1, 84 S.Ct. 89, 11 L.Ed.2d 44; Pickelsimer v. Wainwright, 375 U.S. 2, 84 S.Ct. 80, 11 L.Ed.2d 41; Newsome v. North Carolina, 375 U.S. 21, 84 S.C . 80, 11 L.Ed.2d 41; Shockey v. Illinois, 375 U.S. 22, 84 S.Ct. 83, 11 L.Ed.2d 43; Ausbie v. California, 375 U.S. 24, 84 S.Ct. 87, 11 L.Ed.2d 43; Herrera v. Heinze, 375 U.S. 26, 84 S.Ct. 90, 11 L.Ed.2d 44; Barnes v. North Carolina, 375 U.S. 28, 84 S.Ct. 137, 11 L.Ed.2d 45. The South Carolina Supreme Court examined Edwards and the later case of Fields v. South

Page 777

Carolina, 375 U.S. 44, 84 S.Ct. 149, 11 L.Ed.2d 107, found them not controlling, and reaffirmed the convictions. S.C., 135 S.E.2d 718. In its opinion on the remand in the present case, the South Carolina Supreme Court expressed doubt concerning the meaning and significance of our remand order, and it went on to explain why, in its view, the Edwards and the Fields cases were distinguishable. For those reasons, it is appropriate to add these words of explanation.

The South Carolina Supreme Court correctly concluded that our earlier remand did not amount to a final determination on the merits.* That order did, however, indicate that we found Edwards sufficiently analogous and, perhaps, decisive to compel re-examination of the case.

We now think Edwards and Fields control the result here. As in those cases, the petitioners here, while at a place where the State's law did not forbid them to be, were engaged in the 'peaceful expression of unpopular views.' Edwards v. South Carolina, 372 U.S. at 237, 83 S.Ct. at 684, 9 L.Ed.2d 697. They assembled in a peaceful, orderly fashion in...

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59 practice notes
  • McLaughlin v. City of Lowell, CIVIL ACTION NO. 14-10270-DPW
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • October 23, 2015
    ...the outcome of the litigation." Tyler v. Cain, 533 U.S. 656, 666 n. 6, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (citing Henry v. Rock Hill, 376 U.S. 776, 777, 84 S.Ct. 1042, 12 L.Ed.2d 79 (1964) (per curiam) and Lawrence v. Chater, 516 U.S. 163, 167, 116 S.Ct. 604, 133 L.Ed.2d 545 (1996) (per......
  • Woodruff v. Board of Trustees of Cabell Huntington Hosp., No. 16313
    • United States
    • Supreme Court of West Virginia
    • July 11, 1984
    ...637, 645 (1966); Cox v. Louisiana, 379 U.S. 536, 551-52, 85 S.Ct. 453, 462-63, 13 L.Ed.2d 471, 482 (1965); Henry v. City of Rock Hill, 376 U.S. 776, 777-78, 84 S.Ct. 1042, 1043, 12 L.Ed.2d 79, 81 (1964); Edwards v. South Carolina, 372 U.S. 229, 235-36, 83 S.Ct. 680, 683-84, 9 L.Ed.2d 697, 7......
  • U.S. v. Burns, No. 04-2901.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 20, 2009
    ...Notes: 6. The Court's summary reconsideration order does "not amount to a final determination on the merits." Henry v. City of Rock Hill, 376 U.S. 776, 777, 84 S.Ct. 1042, 12 L.Ed.2d 79 (1964) (per curiam). According to a leading treatise, "[i]t seems fairly clear that the Court does not tr......
  • West v. Vaughn
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 28, 1999
    ...sufficiently analogous or decisive to compel re-examination, it is not a "final determination on the merits." Henry v. City of Rock Hill, 376 U.S. 776, 777 (1964). More recently, the Court has stated that, although GVR orders may be issued in situations where redetermination in light of int......
  • Request a trial to view additional results
58 cases
  • McLaughlin v. City of Lowell, CIVIL ACTION NO. 14-10270-DPW
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • October 23, 2015
    ...the outcome of the litigation." Tyler v. Cain, 533 U.S. 656, 666 n. 6, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (citing Henry v. Rock Hill, 376 U.S. 776, 777, 84 S.Ct. 1042, 12 L.Ed.2d 79 (1964) (per curiam) and Lawrence v. Chater, 516 U.S. 163, 167, 116 S.Ct. 604, 133 L.Ed.2d 545 (1996) (per......
  • Woodruff v. Board of Trustees of Cabell Huntington Hosp., No. 16313
    • United States
    • Supreme Court of West Virginia
    • July 11, 1984
    ...637, 645 (1966); Cox v. Louisiana, 379 U.S. 536, 551-52, 85 S.Ct. 453, 462-63, 13 L.Ed.2d 471, 482 (1965); Henry v. City of Rock Hill, 376 U.S. 776, 777-78, 84 S.Ct. 1042, 1043, 12 L.Ed.2d 79, 81 (1964); Edwards v. South Carolina, 372 U.S. 229, 235-36, 83 S.Ct. 680, 683-84, 9 L.Ed.2d 697, 7......
  • U.S. v. Burns, No. 04-2901.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 20, 2009
    ...Notes: 6. The Court's summary reconsideration order does "not amount to a final determination on the merits." Henry v. City of Rock Hill, 376 U.S. 776, 777, 84 S.Ct. 1042, 12 L.Ed.2d 79 (1964) (per curiam). According to a leading treatise, "[i]t seems fairly clear that the Court does not tr......
  • West v. Vaughn
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 28, 1999
    ...sufficiently analogous or decisive to compel re-examination, it is not a "final determination on the merits." Henry v. City of Rock Hill, 376 U.S. 776, 777 (1964). More recently, the Court has stated that, although GVR orders may be issued in situations where redetermination in light of int......
  • Request a trial to view additional results
1 books & journal articles
  • The Supreme Court of the United States, 1963-1964
    • United States
    • Political Research Quarterly Nbr. 17-4, December 1964
    • December 1, 1964
    ...violence. Participants were arrested and convicted of breach of the peace. The matter was before the Court in Henry v. City of Rock Hill (376 U.S. 776; 84 S.Ct. 1042) and a per curiamopinion held that the Fourteenth Amendment does not permit a state to make crimi-nal the peaceful expression......

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