Constitutional Law Keyed to Stone
Marsh v. Alabama
Facts
The Appellant, a Jehovah’s Witness, distributed religious literature on the sidewalk of a company owned town despite a sign forbidding this kind of conduct. The Appellant was warned she could not distribute the literature without a permit and that no permit would be issued to her. When the Appellant refused to leave, she was arrested and charged with violating a state statute that makes it a crime to enter or remain on the premises of another after having been warned not to do so. The Appellant contended that to construe the state statute, as applicagle to her activities, would abridge her right to free of press and religion. The Supreme Court of the United States (Supreme Court) stated that since the facilities that the Appellant was upon were opened primarily to benefit the public and since their operation was essentially s public function, they were subject to state regulation. The fact that the town as privately owned did not mean the liberties of people could be curtailed inconsistent with the Constitution.
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