Marsh v. State of Alabama

Facts

Appellant, a Jehovah’s Witness, came onto the sidewalk, stood near the post office and undertook to distribute religious literature. In the stores the corporation had posted a notice which read as follows: “This is Private Property, and Without Written Permission, No Street, or House Vendor, Agent or Solicitation of Any Kind Will be Permitted.” Appellant was warned that she could not distribute the literature without a permit and told that no permit would be issued to her. She protested that the company rule could not be constitutionally applied so as to prohibit her from distributing religious writings. When she was asked to leave the sidewalk and Chickasaw she declined. The deputy sheriff arrested her and she was charged in the state court with violating the Alabama Code which makes it a crime to enter or remain on the premises of another having been warned not to do so. Appellant contended that to construe the state statute as applicable to her activities would abridge her right to freedom of press and religion contrary to the First and Fourteenth Amendments.