Legal Opinion

National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.

Supreme Court of the United States

Decided October 4, 1982No. 81-202PublishedCited by 1,006 opinions

1Opinion of the CourtJustice Stevens

The term “concerted action” encompasses unlawful conspiracies and constitutionally protected assemblies. The “looseness and pliability” of legal doctrine applicable to concerted action led Justice Jackson to note that certain joint activities have a “chameleon-like” character. The boycott of white merchants in Claiborne County, Miss., that gave rise to this litigation had such a character; it included elements of criminality and elements of majesty. Evidence that fear of reprisals caused some black citizens to withhold their patronage from respondents’ businesses convinced the Supreme Court…

2Cases cited67 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Rizzo v. GoodeSupreme Court of the United States · 1976
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963

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3Cited by1,006 opinions

  1. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  2. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Roberts v. United States JayceesSupreme Court of the United States · 1984
  5. Wayte v. United StatesSupreme Court of the United States · 1985

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