Barker v. Hardway
Cases that cite this one
5 later published cases cite this decision.
- Mark Stephen Shanley, by Next Friend v. Northeast Independent School District, Bexar County, Texas, Etc. (5th Cir. 1972)
- Women Strike for Peace v. Rogers C. B. Morton, Secretary of the Interior (D.C. Cir. 1972)
- Corporation of Haverford College v. Reeher (District Court, E.D. Pennsylvania 1971)
- United States v. Welden (United States District Court for the Northern District of Alabama 1983)
- Furumoto v. Lyman (United States District Court for the Northern District of California 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
C. A. 4th Cir. Cer-tiorari denied.
Concurring Opinion
concurring.
I agree that certiorari should be denied. The petitioners were suspended from college not for expressing their opinions on a matter of substance, but for violent and destructive interference with the rights of others. An adequate hearing was afforded them on the issue of suspension. The petitioners contend that their conduct was protected by the First Amendment, but the findings of the District Court, which were accepted by the Court of Appeals, establish that the petitioners here engaged in an aggressive and violent demonstration, and not in peaceful, nondisruptive expression, such as was involved in Tinker v. Des Moines Independent Community School District, 393 U. S. 503. The petitioners’ conduct was therefore clearly not protected by the First and Fourteenth Amendments.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.