Congress of Racial Equality v. Clemmons

WISDOM, Circuit Judge.

This case presents new twists in civil rights litigation. The thrust of the holding below is that the State action here was action of the Congress of Racial Equality and Negro demonstrators. The State invokes the Fourteenth Amendment against private individuals, although the Fourteenth Amendment establishes constitutional rights in favor of private individuals and against the State. Moreover, this unusual federal action is in an area that is essentially one of State responsibility — the preservation of public order; and there is no lack of breach of peace statutes in…