. . § 2000a-6(b) (1964 ed. "The majority consists of the Justices joining my Brother CLARK's opinion and the Justices joining this opinion. §§ 2000a(b)(2) and 2000a(c)(2) (1964 ed.). On the other hand, I agree that § 241 does embrace state interference with such interstate travel, and I therefore consider that this aspect of the indictment is sustainable on the reasoning of Part II of the Court's opinion.This right to travel must be found in the Constitution itself.
private persons, to obstruct or otherwise interfere with the right of citizens freely to engage in interstate travel, I am constrained to dissent. Pp. United States v. Richardson, 418 U.S. 166 (1974), was a United States Supreme Court case concerning standing in which the Court held a taxpayer's interest in government spending was generalized, and too "undifferentiated" to confer Article III standing to challenge a law which exempted Central Intelligence Agency funding from Article I, Section 9 requirements that such … . The right to interstate travel is a right that the Constitution itself guarantees, as the cases cited in the text make clear. Title III of the Civil Rights Act of 1964, 78 Stat. In a variety of situations the Court has found state action of a nature sufficient to create rights under the Equal Protection Clause even though the participation of the State was peripheral, or its action was only one of several cooperative This case, however, requires no determination of the threshold level that state action must attain in order to create rights under the Equal Protection Clause. 65. I therefore need not reach the question whether the Constitution, of its own force, prohibits private interferences with that right; for I construe § 241 to prohibit such interferences, and, as so construed, I am of the opinion that § 241 is a valid exercise of congressional power.This premise is questionable. "The criteria for coverage of motion picture theaters by the Act are stated in §§ 201(b)(3) and 201(c)(3), 42 U.S.C. IV:"The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States . Why is not this clause equally available to assure the right to live in any state one desires? By making telephone calls to Negroes to threaten their lives, property, and persons, and by making such threats in person;""7. "Correctly characterizing this paragraph as embracing rights protected by the Equal Protection Clause of the Fourteenth Amendment, the District Court held as a matter of statutory construction that 18 U.S.C. . It is a right that has been firmly established and repeatedly recognized. 3. § 2000a-6(b). Argued November 9, 1965. Although the Court has ostensibly only "discovered" this private right in the Constitution and then applied § 241 mechanically to punish those who conspire to threaten it, it should be recognized that what the Court has in effect done is to use this all-encompassing criminal statute to fashion federal common law crimes, forbidden to the federal judiciary since the 1812 decision in noted well the dangers of the indiscriminate application of the predecessor of § 241:"It is not enough for us to find in the vague penumbra of a statute some offense about which Congress could have legislated, and then to particularize it as a crime because it is highly offensive. by the Constitution or laws of the United States," within the meaning of § 241, even though only governmental interferences with the exercise of the right are prohibited by the Constitution itself (or another federal law). That section provides in relevant part:"If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;""They shall be fined not more than $5,000 or imprisoned not more than ten years, or both. The right to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of motion picture theaters, restaurants, and other places of public accommodation;""2. Pp. by the Constitution" unless discriminatory conduct by state officers is involved in the alleged conspiracy.The second numbered paragraph of the indictment charges that the defendants conspired to injure, oppress, threaten, and intimidate Negro citizens in the free exercise and enjoyment of"[t]he right to the equal utilization, without discrimination upon the basis of race, of public facilities . "Thus, contrary to the suggestion in MR. JUSTICE BRENNAN's separate opinion, nothing said in this opinion has the slightest bearing on the validity or construction of Title III or Title IV of the Civil Rights Act of 1964, 42 U.S.C. ""No State shall . by the Constitution or laws of the United States" so as to make § 241 applicable to a private conspiracy to interfere with the exercise of that right. shall be entitled to all privileges and immunities of free citizens in the several States, and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively. . United States v. Guest.
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