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regulate protected First Amendment rights of juveniles, as
well as constitutional rights to freedom of movement and
loitering. Mosier does not rest solely on overbreadth to
invalidate the ordinance, but rather held that only a
compelling state interest could validate the ordinance, which
must itself be narrowly drawn. Surveying the prior curfew
cases, Mosier disapproved those which fail to apply the
compelling interest standard (e.g., Eastlake v. Ruggiero, 7
Ohio App. 2d 212, 220 N.E. 2d 126 (1966); People v. Walton, 70
Cal. App. 2d Supp. 862, 161 P.2d 498 (1945)) and those which
rely on the loitering-presence distinction to validate
prohibitions of loitering (Nancy C., supra), holding that in
light of Papachristou, supra, even loitering is
constitutionally protected. Mosier distinguished Bykofsky,
supra, which considered wrongly decided, on the ground that
the Bykofsky ordinance was very narrowly drawn with many
exceptions and expressly excluded from the scope of prohibited
activities the exercise of First Amendment rights. Mosier
concluded its review of the curfew cases and its strict
scrutiny of the ordinance at issue by stating:
Thus we have contradictory results in the
various cases. Those cases upholding the
constitutionality of juvenile curfew
ordinances have proceeded on the assumed
basis that somehow or other minors have less
constitutional rights than adults and have
contained language stating in various terms
the vague assumption without any analysis
that somehow the ordinances were good for
the community and therefore proper.
15.
Object Description
| Title | Public housing curfew |
| Series | Series 2, NAACP, Charlotte |
| Subseries | Subseries 5, Programs |
| Sub-subseries | Sub-subseries 1, Housing and Urban Development |
| Digital Collection | Kelly Alexander, Sr. papers concerning the NAACP, 1948-1998 |
| Creator | Alexander, Kelly M. |
| Date Created | 1987, 1992 |
| Series Description | This series contains material related to the work of the NAACP in Charlotte, North Carolina and the Alexander family's involvement in the organization over the course of several decades. There is a wide variety of topics covered in the documents, including voting discrimination; the Freedom Fund; Youth Council activities; and correspondence with notable figures throughout the Charlotte area, including Alfred Alexander and Julius Chambers. |
| Collection Description | This collection documents the activities of the National Association for the Advancement of Colored People (NAACP), with an emphasis on the work and correspondence of Kelly Alexander, Sr. and his sons Kelly Alexander, Jr. and Alfred Alexander in Charlotte, North Carolina. The collection contains minutes, correspondence, reports, speeches, press releases, membership records, and a few photographs. Topics covered include school segregation, housing and employment discrimination, police misconduct, and the Charlotte Area Fund. |
| Subjects--Names |
Alexander, Kelly M. Alexander, Kelly M., Jr., 1948- Alexander, Alfred L., 1952- |
| Subjects--Organizations |
National Association for the Advancement of Colored People National Association for the Advancement of Colored People. Charlotte Branch. |
| Subjects--Topics |
African Americans--North Carolina--Charlotte African Americans--Civil rights--North Carolina African Americans--Political activity--North Carolina--Charlotte Civil rights movements--North Carolina--Charlotte Civil rights workers--North Carolina--Charlotte African Americans--Housing--North Carolina--Charlotte Racism--Political aspects--North Carolina--Charlotte Race discrimination--North Carolina--Charlotte Police brutality--North Carolina--Charlotte Police misconduct--North Carolina--Charlotte |
| Subjects--Locations |
Charlotte (N.C.)--Race relations--History--20th century Charlotte (N.C.)--Politics and government--20th century |
| Coverage--Place |
Charlotte (N.C.) Mecklenburg County (N.C.) |
| Box Number | 10 |
| Folder Number | 26 |
| Language | eng |
| Object Type | Text |
| Digital Format | Displayed as .jp2, uploaded as .tif |
| Genre | manuscripts (document genre) |
| Finding Aid | https://findingaids.uncc.edu/repositories/4/resources/701 |
| Original Collection | Kelly Alexander, Sr. papers concerning the NAACP |
| Digital Collection Home Page | http://digitalcollections.uncc.edu/cdm/landingpage/collection/p16033coll20 |
| Repository | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Digital Publisher | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Rights | These materials are made available for use in research, teaching and private study. The digital reproductions have been made available through an evaluation of public domain status, permissions from the rights' holders, and authorization under the law including fair use as codified in 17 U.S.C. section 107. Although these materials are publicly accessible for these limited purposes, they may not all be in the public domain. Users are responsible for determining if permission for re-use is necessary and for obtaining such permission. Individuals who have concerns about online access to specific content should contact J. Murrey Atkins Library. |
| Location of Original | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Grant Information | Digitization made possible by funding from the federal Institute of Museum and Library Services (IMLS) under the provisions of the Library Services and Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources. |
| Identifier | naacp-ms508-0210026 |
| Date Digitized | 2016-03-04 |
| Rating |
Description
| Title | naacp-ms508-0210026-20 |
| OCR Transcript | regulate protected First Amendment rights of juveniles, as well as constitutional rights to freedom of movement and loitering. Mosier does not rest solely on overbreadth to invalidate the ordinance, but rather held that only a compelling state interest could validate the ordinance, which must itself be narrowly drawn. Surveying the prior curfew cases, Mosier disapproved those which fail to apply the compelling interest standard (e.g., Eastlake v. Ruggiero, 7 Ohio App. 2d 212, 220 N.E. 2d 126 (1966); People v. Walton, 70 Cal. App. 2d Supp. 862, 161 P.2d 498 (1945)) and those which rely on the loitering-presence distinction to validate prohibitions of loitering (Nancy C., supra), holding that in light of Papachristou, supra, even loitering is constitutionally protected. Mosier distinguished Bykofsky, supra, which considered wrongly decided, on the ground that the Bykofsky ordinance was very narrowly drawn with many exceptions and expressly excluded from the scope of prohibited activities the exercise of First Amendment rights. Mosier concluded its review of the curfew cases and its strict scrutiny of the ordinance at issue by stating: Thus we have contradictory results in the various cases. Those cases upholding the constitutionality of juvenile curfew ordinances have proceeded on the assumed basis that somehow or other minors have less constitutional rights than adults and have contained language stating in various terms the vague assumption without any analysis that somehow the ordinances were good for the community and therefore proper. 15. |
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