Thompson Et Al. v. Mississippi

Background

A group of 25 to 60 Black people gathered near the center of a small Mississippi town. A local police officer, who said he alone was bothered, asked them to disperse even though they were not blocking traffic. The officer tried to arrest one young man, A. B. Thompson, after Thompson cursed and acted "real tough." The officer pulled a gun, left, then returned with two officers; a scuffle followed and Thompson was shot. Thompson, his brother Leon, and another man, Davis Stewart, were convicted under Mississippi’s riot law, which defines a riot as "any use of force or violence disturbing the public peace" by two or more people.

Reasoning

The Supreme Court dismissed the appeal, saying it did not present a substantial federal question, so the Court did not decide the case on its merits. The state supreme court had held the crowd was a riot and that the statute sufficiently described the offense. Justice Douglas dissented, arguing the statute is vague and broader than the federal riot law, which requires a clear and present danger of injury or property damage. He said the record suggests the officer’s conduct may have provoked the crowd and that the constitutional claim deserved review.

Real world impact

Because the Court dismissed the appeal, the state convictions and the state statute remain unreviewed by the Supreme Court. That leaves in place a state law that, according to the state court, can classify a Black public gathering as a "riot" based on speech and reaction. The dismissal is not a final decision on the law’s constitutionality and the issue could return to the Court in a future case.

Dissents or concurrances

Justice Douglas urged the Court to take the case, highlighting serious constitutional concerns about vagueness, racial impact, and the officer’s provocative behavior.