Walker v. City of Birmingham (Civil disobedience, 1967)
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Overview
The Court held that civil contempt convictions for violating an ex parte injunction may stand even if the injunction was later found unconstitutional.
The Facts
Facts
Walker and other civil rights protesters were arrested for violating a temporary restraining order issued by an Alabama court that prohibited demonstrations in Birmingham. The protesters challenged the order as unconstitutional but were convicted of contempt for violating it anyway. The question arose whether they could be punished for violating an unconstitutional court order.
The Issue
Issue
Whether the First Amendment permits a state court to hold civil rights protesters in contempt for violating a facially unconstitutional injunction prohibiting demonstrations, even when the protesters believed the injunction violated the Constitution.
The Rules
Rule
Walker v. City of Birmingham, 388 U.S. 307 (1967), applied the collateral bar rule: a party subject to a court order must comply with it or directly challenge it through the courts, even if the order is later found unconstitutional, and cannot simply violate it and assert unconstitutionality as a defense to contempt. The Court held that the protesters were properly held in contempt because they had not sought to have the injunction dissolved before violating it. Justice Brennan dissented, arguing the First Amendment nullifies a patently unconstitutional injunction.
The Application
Analysis
The Court applied the collateral bar rule to hold that the protesters' First Amendment objections could not excuse their violation of the court's order, despite the injunction's later unconstitutionality. Because the protesters chose to violate the injunction rather than seek its dissolution through proper judicial channels, they were properly convicted of contempt. The Court held that a litigant must obey a court order until it is properly overturned, regardless of the litigant's own assessment of the order's constitutionality. This application prioritized the finality and enforceability of court orders over individual defiance based on constitutional grounds.
The Conclusion
Conclusion
The Supreme Court held 5-4 that the contempt convictions could stand even though the underlying injunction was ultimately found to be unconstitutional. The Court ruled that a person must obey a court order, even an unconstitutional one, until it is properly overturned; violation and subsequent contempt conviction is the appropriate remedy to challenge such orders. Justice Stewart's dissent argued the injunction was a clear First Amendment violation and contempt was an inappropriate sanction.
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