In Shuttlesworth v. City of Birmingham, the U.S Supreme Court ruled in favor of Reverend Fred L. Shuttlesworth, a civil rights activist who had been convicted by Alabama courts for violating an ordinance that prohibited public gatherings without a permit from the city's commission. The court held that this ordinance was unconstitutional as it gave excessive discretion to the city commission on whether or not to grant permits for public demonstrations and thus could be used as a tool for discriminatory practices against certain groups based on their views. This decision reaffirmed First Amendment protections regarding freedom of speech and assembly, emphasizing that such freedoms cannot be curtailed arbitrarily by local authorities through discretionary permitting systems.

In the dissenting opinion for Shuttlesworth v. City of Birmingham, Justice Black argued that the ordinance in question was not inherently unconstitutional and did not necessarily infringe upon First Amendment rights. He contended that it is within a city's power to regulate use of its streets to prevent disorder and obstruction, as long as such regulations are applied fairly without discrimination against any group or individual. The justice further stated that there was no evidence presented in this case showing discriminatory enforcement by Birmingham officials against civil rights demonstrators specifically. Therefore, he believed Reverend Shuttlesworth’s conviction should have been upheld because he knowingly violated a valid law requiring a permit for parades on public streets.