"[2] The Court noted, "There is no evidence that anyone else in the cafe objected to petitioner's shuffling his feet in rhythm with the music of the jukebox.

The case was briefed and argued for Thompson by several notable former Supreme Court law clerks.

[4] As stated in the opinion of the Supreme Court, Sam Thompson went into the Liberty End Café in Louisville on a Saturday evening.

The Louisville city ordinance under which petitioner was convicted of loitering reads as follows: "It shall be unlawful for any person .

Thompson's counsel unsuccessfully sought dismissal of the charges on the ground that a judgment of conviction on this record would deprive Thompson of property and liberty without due process of law under the Fourteenth Amendment, in that there was no evidence to support findings of guilt.

There was no evidence that "anyone else in the café objected to [Sam's] shuffling his feet in rhythm with the music of the jukebox, or that his conduct was boisterous or offensive to anyone present."

It then held that it is "a violation of due process to convict and punish a man without evidence of his guilt."