In Shuttlesworth v. City of Birmingham, the U.S Supreme Court ruled in favor of Reverend Fred Shuttlesworth, a civil rights activist who had been convicted for violating an Alabama statute that prohibited parades and processions on city streets without a permit. The court held that the ordinance as it was written and applied by the city gave excessive discretion to local authorities to determine which groups could or couldn't march based on their views, thereby infringing upon First Amendment rights. This case is significant because it affirmed that government cannot grant permits for free expression based on its approval or disapproval of the message being conveyed. It also played a crucial role in advancing civil rights movement activities during this era.

In the dissenting opinion for Shuttlesworth v. City of Birmingham, Justice Black argued that the majority's decision to overturn Shuttlesworth's conviction was incorrect because it failed to consider Alabama state court interpretations of the ordinance in question. He believed that these interpretations narrowed and clarified its scope, thereby eliminating any potential vagueness or overbreadth issues. Furthermore, he contended that even if there were some ambiguity in the language of the law itself, this did not necessarily render it unconstitutional as long as its application was constitutional - which he believed to be true in this case since Shuttlesworth had been given ample opportunity to apply for a permit before his protest but chose not to do so. Lastly, Justice Black expressed concern about what he saw as an increasing tendency by federal courts (including SCOTUS) towards excessive interference with state laws and procedures.