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Louisiana Ex Rel. Gremillion v. Ncaap, 366 U.S. 293 (1961)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Louisiana Ex Rel. Gremillion v. Ncaap, 366 U.S. 293 (1961)
Louisiana ex rel. Gremillion v. NCAAP No. 294 Argued April 26, 1961 Decided May 22, 1961 366 U.S. 293
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
Syllabus
The State of Louisiana sued in a state court to enjoin the National Association for the Advancement of Colored People from doing business in the State because of its failure to comply with a state law requiring certain types of organizations to file annually with the Secretary of State lists of their officers and members. That suit was removed to a Federal District Court, and appellees sued there for a judgment declaring unconstitutional that statute and another requiring each nontrading association to file annually an affidavit that none of the officers of any out-of-state association with which it is affiliated is a member of any Communist, Communist-front, or subversive organization. The cases were consolidated, and, after a hearing on affidavits and oral argument, the District Court entered a temporary injunction that denied relief to the State and its officers and enjoined them from enforcing thc two statutes in question.
Held: the judgment is affirmed. Pp. 294-297.
(a) It is not consonant with due process to require a person to swear to a fact that he cannot be expected to know, or, alternatively, to refrain from a wholly lawful activity. Pp. 294-295.
(b) The case is in a preliminary stage, and it is not now known what facts will be disclosed in further hearings before the injunction becomes final; but, if it be shown that disclosure of the Association’s membership lists results in reprisals and hostility to members, such disclosure may not be required consistently with the First Amendment, made applicable to the States by the Due Process Clause of the Fourteenth Amendment. NAACP v. Alabama, 357 U.S. 449; Bates v. Little Rock, 361 U.S. 516. Pp. 295-297.
181 F.Supp. 37 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Louisiana Ex Rel. Gremillion v. Ncaap, 366 U.S. 293 (1961) in 366 U.S. 293 366 U.S. 294. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=P98TGLH2JKQ2JGE.
MLA: U.S. Supreme Court. "Syllabus." Louisiana Ex Rel. Gremillion v. Ncaap, 366 U.S. 293 (1961), in 366 U.S. 293, page 366 U.S. 294. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=P98TGLH2JKQ2JGE.
Harvard: U.S. Supreme Court, 'Syllabus' in Louisiana Ex Rel. Gremillion v. Ncaap, 366 U.S. 293 (1961). cited in 1961, 366 U.S. 293, pp.366 U.S. 294. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=P98TGLH2JKQ2JGE.
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