869; Largent v. Texas, 318 U.S. 418, 63 S.Ct. MARSH v. STATE OF ALABAMA. Mr. Justice BLACK delivered the opinion of the Court. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. 514; Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. 1691, 141 A.L.R. While the power of this Court, as the interpreter of the Constitution to determine what use of real property by the owner makes that property subject, at will, to the reasonable practice of religious exercises by strangers, cannot be doubted, we find nothing in the principles of the First Amendment, adopted now into the Fourteenth, which justifies their application to the facts of this case.3. In this case we are asked to decide whether a State, consistently with the First and Fourteenth Amendments, can impose criminal punishment on a person who undertakes to distribute religious literature on the premises of a company-owned town contrary to the wishes of the town's management. MR. JUSTICE BLACK delivered the opinion of the Court. The passway here in question was not put to any different use than other private passways that lead to privately owned areas, amusement places, resort hotels or other businesses. 870, 891, 87 L.Ed. No. 1 Div. 1231, 1240, 86 L.Ed. 401, 57 L.Ed. Appellant was distributing religious pamphlets on a privately owned passway or sidewalk thirty feet removed from a public highway of the State of Alabama and remained on these private premises after an authorized order to get off. In his dissenting opinion in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. *502 Mr. Hayden C. Covington, with whom Mr. Grover C. Powell was on the brief, for appellant. 326 U.S. 501. 66 S.Ct. 625, 75 L.Ed. Marsh v. Alabama, 326 U.S. 501 (), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. 862, 87 L.Ed. 155. Decided January 7, 1946. --- Decided: Jan 7, 1946. Many people in the United States live in company-owned towns.5 These people, just as residents of municipalities, are free citizens of their State and country. A state can not, consistently with the freedom of … Marsh v. Alabama (No. As to these, the judicial organ of a State has the final say. This or any similar regulation leaves the decision as to whether distributors of literature may lawfully call at a home where it belongs—with the homeowner himself.' C.I.O., 307 U.S. 496, 59 S.Ct. The Alabama Court of Appeals affirmed the conviction, holding that the statute as applied was constitutional because the title to the sidewalk was in the corporation and because the public use of the sidewalk had not been such as to give rise to a presumption under Alabama law of its irrevocable dedication to the public. 912. Heretofore this Court has sustained the right of employees, under an appropriate statute, protecting full freedom of employee organization, to solicit union membership in nonworking time on the property of an employer and against his express prohibition. 900, 84 L.Ed. 114 Argued: Decided: January 7, 1946 On Appeal from the Court of Appeals of the State of Alabama. 982, 985, 987, note 8, 157 A.L.R. Dec 6, 1945. Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellants. 1313. MARSH v. ALABAMA. 734. We cannot say that Jehovah's Witnesses can claim the privilege of a license, which has never been granted, to hold their meetings in other private places, merely because the owner has admitted the public to them for other limited purposes. N.L.R.B., 324 U.S. 793, 65 S.Ct. Marsh v. Alabama, (1946). 1292, 146 A.L.R. Mr. William N. McQueen, of Montgomery, Ala., for appellee. 890, 87 L.Ed. We do not agree that the corporation's property interests settle the question.2 The State urges in effect that the corporation's right to control the inhabitants of Chickasaw is coextensive with the right of a homeowner to regulate the conduct of his guests. There is no more reason for depriving these people of the liberties guaranteed by the First and Fourteenth Amendments than there is for curtailing these freedoms with respect to any other citizen.6. Your Study Buddy will automatically renew until cancelled. Clark's Ferry Bridge Co. v. Public Service Commission of Pennsylvania, 291 U.S. 227, 54 S.Ct. Facts: Marsh, a jehovah’s witness, was convicted of trespassing when she passed out religious fliers in the company-owned town of Chicksaw against the corporate owner’s permission. By that we mean an area occupied by numerous houses, connected by passways, fenced or not, as the owners may choose. Decided. 900, 84 L.Ed. 890, 87 L.Ed. Ser.) 112, 125, 16 L.Ed. v. St. Clair County et al., 8 How. Marsh v. Green - 782 So. Marsh v. Alabama, 326 U.S. 501 (), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. MARSH v. ALABAMA SUPREME COURT OF THE UNITED STATES 326 U.S. 501 January 7, 1946, Decided. Unless they fall under the prohibition of some legal rule, however, they are a matter for adjustment between owner and licensee, or by appropriate legislation. 1. 146, 151, 84 L.Ed. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Synopsis of Rule of Law. Schneider v. State, 308 U.S. 147, 161, 60 S.Ct. address. The Supreme Court of the United States (Supreme Court) first recognizes that if Chickasaw had been a municipality the anti-trespassing statute would not be unconstitutional. 1313, express the law of the Constitution, I am unable to find legal significance in the fact that a town in which the Constitutional freedoms of religion and speech are invoked happens to be company-owned. 427, 78 L.Ed. 1231, 1240, 86 L.Ed. The more an owner opens up his property to the public, the more the Constitution is applicable. videos, thousands of real exam questions, and much more. 1093; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. 768, and whether certain action on or near the road amounts to a tort. 514; Murdock v. Pennsylvania, supra, 319 U.S. at page 115, 63 S.Ct. Synopsis of Rule of Law. 625, 69 L.Ed. Marsh, a Jehovah’s Witness, was arrested for trespassing after attempting to distribute religious literature in a privately owned Alabama town. 862, 87 L.Ed. 461 So. 81; Martin v. Struthers, 319 U.S. 141, 63 S.Ct. Alabama, also, decided that appellant violated by her activities the above quoted state statute. 384, 51 L.Ed. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of … Under our decision in Lovell v. Griffin, 303 U.S. 444, 58 S.Ct. 1330; Covington & L. Turnpike Road Co. v. Sanford, 164 U.S. 578, 17 S.Ct. 461 So. 949; Hague v. MR. JUSTICE BLACK delivered the opinion of the Court. 717, 88 L.Ed. 1292, 146 A.L.R. 900, 84 L.Ed. According to the Encyclopedia of the American Constitution, about its article titled 262 MARSH v.ALABAMA 326 U.S. 501 (1946) When a person sought to distribute religious literature on the streets of a company town, the Supreme Court, 5_3, upheld her first amendment claim against the owner’s private property claims. For it is the state's contention that the mere fact that all the property interests in the town are held by a single company is enough to give that company power, enforceable by a state statute, to abridge these freedoms. Marsh v. Alabama Marsh v. Alabama 326 U.S. 501 (1946) United States Constitution. Barney v. Keokuk, 94 U.S. 324, 340, 24 L.Ed. 948, 83 L.Ed. 155; Thornhill v. Alabama, 310 U.S. 88, 60 S.Ct. 1 Div. A deputy of the Mobile County Sheriff, paid by the company, serves as the town's policeman. Marsh v. Alabama 326 U.S. 501 Marsh v. Alabama (No. A state can not, consistently with the freedom of religion and the press guaranteed by the 520. 192; Covington Drawbridge Co. v. Shepherd, 21 How. U.S. Coal Commission, Report, 1925, Part III, pp. The fact that the property (the town) is privately owned, does not justify restricting fundamental liberties. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town. 828, 56 L.Ed. Syllabus. 625; Donovan v. Pennsylvania Co., supra, 199 U.S. at page 294, 26 S.Ct. Definitions of Marsh v. Alabama, synonyms, antonyms, derivatives of Marsh v. Alabama, analogical dictionary of Marsh v. Alabama (English) And even had there been no express franchise but mere acquiescence by the State in the corporation's use of its property as a segment of the four-lane highway, operation of all the highway, including the segment owned by the corporation, would still have been performance of a public function and discrimination would certainly have been illegal.4. 1231, 1240, 86 L.Ed. Alabama has a statute generally applicable to all privately owned premises. at page 1245, 86 L.Ed. It was recognized in the opinion that the freedom of solicitation was the result of a regulatory statute and was not a Constitutional right. A company-owned town gives rise to a net-work of property relations. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town.The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment. 736, 84 L.Ed. Martin v. Struthers, 319 U.S. 141, 146, 147, 63 S.Ct. 912. 81; Follett v. McCormick, 321 U.S. 573, 64 S.Ct. Marsh v. Alabama. 645. The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment. The latter involves an accommodation between National and State powers operating in the same field. 266, summarized in Bowden, Freedom for Wage Earners, Annals of The American Academy of Political and Social Science, Nov. 1938, p. 185; Z. Chafee, The Inquiring Mind (New York, 1928), pp. 114) Argued: December 6, 1945 Decided: January 7, 1946 21 So.2d 558, reversed. City of Demopolis v. Webb, 87 Ala. 659, 6 So. 438, 88 L.Ed. 114. APPEAL FROM THE COURT OF APPEALS OF ALABAMA Syllabus. The 'dedication' of a road to the public may also be decisive of whether, under Alabama law, obstructing the road constitutes a crime, Beverly v. State, 28 Ala.App. 1292, 146 A.L.R. 1. Jones v. Opelika, supra, 316 U.S. at page 608, 62 S.Ct. 514, which later was adopted as the opinion of the Court, 319 U.S. 103, 104, 63 S.Ct. Jamison v. Texas, 318 U.S. 413, 63 S.Ct. 317. 1081. Thank you and the best of luck to you on your LSAT exam. 91, 50 L.Ed. 317. Marsh v. Chambers, 463 U.S. 783 (1983), was a landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States. Of course, such principle may subsequently be restricted by this Court to the precise facts of this case—that is to private property in a company town where the owner for his own advantage has permitted a restricted public use by his licensees and invitees. Insofar as the State has attempted to impose criminal punishment on appellant for undertaking to distribute religious literature in a company town, its action cannot stand. Brief Fact Summary. Appellant was warned that she could not distribute the literature without a permit and told that no permit would be issued to her. 1352; Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. You have successfully signed up to receive the Casebriefs newsletter. These communities may be essential to furnish proper and convenient living conditions for employees on isolated operations in lumbering, mining, production of high explosives and large-scale farming. Cf. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Marsh v. Alabama, (1946). APPEAL FROM THE COURT OF APPEALS OF ALABAMA. Even though we have reached the point where this Court is required to force private owners to open their property for the practice there of religious activities or propaganda distasteful to the owner, because of the public interest in freedom of speech and religion, there is no need for the application of such a doctrine here. 669, 87 L.Ed. Discussion. Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as freely as a farmer does his farm. The 'business block' serves as the community shopping center and is freely accessible and open to the people in the area and those passing through. In Marsh v.Alabama, 326 U.S. 501 (1946), the Supreme Court held that a person distributing religious literature on the sidewalk of a “company town” was protected by the First Amendment rights of freedom of the press and religion and could not be arrested for trespass. 683, it cannot be thought that that function is wanting under the explicit guaranties of freedom of speech, press and religion.' 136; Town of Leeds v. Sharp, 218 Ala. 403, 405, 118 So. 873; Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. at pages 824, 825; cf. Hague v. 982, 988, 157 A.L.R. 504, 508 (509), 84 L.Ed. 572; Forney v. Calhoun County, 84 Ala. 215, 4 So. Whether a corporation or a municipality owns or possesses the town the public in either case has an identical interest in the functioning of the community in such manner that the channels of communication remain free. The right to communicate ideas was expressed by us in Jamison v. Texas, 318 U.S. 413, 416, 63 S.Ct. 1691, 141 A.L.R. These community aspects are decisive in adjusting the relations now before us, and more particularly in adjudicating the clash of freedoms which the Bill of Rights was designed to resolve—the freedom of the community to regulate its life and the freedom of the individual to exercise his religion and to disseminate his ideas. Citation326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. Jan 7, 1945. Decided Jan. 7, 1946. 146, 84 L.Ed. There had been no dedication of the sidewalk to the public use, express or implied. 81; Follett v. McCormick, supra, 321 U.S. at page 577, 64 S.Ct. Argued December 6, 1945. Written and curated by real attorneys at Quimbee. Opinion for Marsh v. Alabama, 326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. A state does have the moral duty of furnishing the opportunity for information, education and religious enlightenment to its inhabitants, including those who live in company towns, but it has not heretofore been adjudged that it must commandeer, without compensation, the private property of other citizens to carry out that obligation. 2d 223. In its community aspects it does not differ from other towns. 265, 1946 U.S. LEXIS 3097 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Facts of the case. From these decisions it is clear that had the people of Chickasaw owned all the homes, and all the stores, and all the streets, and all the sidewalks, all those owners together could not have set up a municipal government with sufficient power to pass an ordinance completely barring the distribution of religious literature. 1330, and cases cited, 234 U.S. at pages 328, 329, 34 S.Ct. 1290; Largent v. Texas, 318 U.S. 418, 63 S.Ct. Held. 317. The CHIEF JUSTICE and Mr. Justice BURTON join in this dissent. 3. Appellant, as we have said, was free to engage in such practices on the public highways, without becoming a trespasser on the company's property. 766, 86 L.Ed. 1352; dissent of Chief Justice Stone in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. Lovell v. Griffin, 303 U.S. 444, 58 S.Ct. 1981897. Brief Fact Summary. at page 876, 87 L.Ed. The restrictions imposed by the owners upon the occupants are sometimes galling to the employees and may appear unreasonable to outsiders. at page 94, 50 L.Ed. See County Commissioners v. Chandler, 96 U.S. 205, 208, 24 L.Ed. 1201; Port Richmond & Bergen Point Ferry Co. v. Board of Chosen Freeholders of Hudson County, 824, 825, 826, 58 L.Ed. 1467, 1469 summarized in Morris, The Plight of the Coal Miner, Philadelphia, 1934, Ch. 265, 1946 U.S. LEXIS 3097 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Here, the town was treated like a town, where the public was free to do as they pleased. Facts: Marsh, a jehovah’s witness, was convicted of trespassing when she passed out religious fliers in the company-owned town of Chicksaw against the corporate owner’s permission. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. And certainly the corporation can no more deprive people of freedom of press and religion than it can discriminate against commerce. Read Marsh v. Alabama, 326 U.S. 501 free and find dozens of similar cases using artificial intelligence. The Supreme Court specifically states that a private town is not the same as a private homeowner. 1231, 1240, 86 L.Ed. 265. The Appellant, Marsh (Appellant), distributed religious literature on the sidewalks of a company owned town in violation of the town’s regulations. Brentwood Academy v. Tennessee Secondary School Athletic Assn. The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. And so I agree with the opinion of the Court, except that portion of it which relies on arguments drawn from the restrictions which the Commerce Clause imposes on State regulation of commerce. Decided January 7, 1946. No. 666, 82 L.Ed. 1290, in connection with 316 U.S. 584, 600, 62 S.Ct. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Supreme Court of United States. The deputy sheriff arrested her and she was charged in the state court with violating Title 14, Section 426 of the 1940 Alabama Code which makes it a crime to enter or remain on the premises of another after having been warned not to do so. 2d 51 (1984) Curtis MARSH v. STATE of Alabama. 1213, 128 A.L.R. The town and the surrounding neighborhood, which can not be distinguished from the Gulf property by anyone not familiar with the property lines, are thickly settled, and according to all indications the residents use the business block as their regular shopping center. 372. 666, 82 L.Ed. 2d 51 (1984) Curtis MARSH v. STATE of Alabama. The Court calls attention to the fact that the owners of public utilities, bridges, ferries, turnpikes and railroads are subject to state regulation of rates and are forbidden to discriminate against interstate commerce. Our question then narrows down to this: Can those people who live in or come to Chickasaw be denied freedom of press and religion simply because a single company has legal title to all the town? See Marrone v. Washington Jockey Club, 227 U.S. 633, 33 S.Ct. C.I.O., 307 U.S. 496, 59 S.Ct. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. § 344(a), 28 U.S.C.A. Argued and Submitted Dec. 7, 1945. Is the Constitution applicable to privately owned towns? Accordingly, as I have already indicated, so long as the scope of the guarantees of the due process clause of the Fourteenth Amendment by absorption of the First remains that which the Court gave to it in the series of cases in the October Term, 1942, the circumstances of the present case seem to me clearly to fall within it. Marsh v. Alabama Case Brief - Rule of Law: A state cannot, consistently with the freedom of religion and the press guaranteed by the First and Fourteenth The 'dedication' of a road to the public may also be decisive of whether, under Alabama law, obstructing the road constitutes a crime, Beverly v. State, 28 Ala.App. 38. *502 Mr. Hayden C. Covington, with whom Mr. Grover C. Powell was on the brief, for appellant. VI, p. 86. Local determinations of such technical matters govern controversies affecting property. 667, 87 L.Ed. In our view the circumstance that the property rights to the premises where the deprivation of liberty, here involved, took place, were held by others than the public, is not sufficient to justify the State's permitting a corporation to govern a community of citizens so as to restrict their fundamental liberties and the enforcement of such restraint by the application of a State statute. 667, 87 L.Ed. Schenck v. United States, 249 U.S. 47, 39 S.Ct. 3. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. December 11, 1984. It does not seem to me to further constitutional analysis to seek help for the solution of the delicate problems arising under the First Amendment from the very different order of problems which the Commerce Clause presents. 'The dangers of distribution can so easily be controlled by traditional legal methods, leaving to each householder the full right to decide whether he will receive strangers as visitors, that stringent prohibition can serve no purpose but that forbidden by the Constitution, the naked restriction of the dissemination of ideas. In order to enable them to be properly informed their information must be uncensored. Title to property as defined by State law controls property relations; it cannot control issues of civil liberties which arise precisely because a company town is a town as well as a co geries of property relations. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town.The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment. Opinions. 81, even to the extent of relieving them from an unhampering and non-discriminatory duty of bearing their share of the cost of maintaining the peace and the other amenities of a civilized society. Respondent State of Alabama . So long as the views which prevailed in Jones v. Opelika, 319 U.S. 103, 63 S.Ct. 326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). 408; Hamilton v. Town of Warrior, 215 Ala. 670, 112 So. We have also held that an ordinance completely prohibiting the dissemination of ideas on the city streets can not be justified on the ground that the municipality holds legal title to them. 1292, 146 A.L.R. When we balance the Constitutional rights of owners of property against those of the people to enjoy freedom of press and religion, as we must here, we remain mindful of the fact that the latter occupy a preferred position.7 As we have stated before, the right to exercise the liberties safeguarded by the First Amendment 'lies at the foundation of free government by free men' and we must in all cases 'weigh the circumstances and appraise * * * the reasons * * * in support of the regulation of (those) rights.' 938, 152 A.L.R. Casebriefs is concerned with your security, please complete the following, Fundamental Fights Under Due Process And Equal Protection, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Barron v. Mayor and City Council of Baltimore, Slaughter-House Cases (Butchers' Benevolent Association of New Orleans v. Crescent City Livestock Landing and Slaughter-House Company), The Civil Rights Cases: United States v. Stanley, Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc, Hudgens v. National Labor Relations Board, American Manufacturers Mutual Insurance Co. v. Sullivan. Synopsis of Rule of Law. And similarly the technical distinctions on which a finding of 'trespass' so often depends are too tenuous to control decision regarding the scope of the vital liberties guaranteed by the Constitution. Both Federal and Alabama law permit, so far as we are aware, company towns. Syllabus Opinion, Black Concurrence, Frankfurter Dissent, Reed Syllabus 1. 560; Norfolk & S. Turnpike Co. v. Virginia, 225 U.S. 264, 32 S.Ct. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it. 869. 862, 865, 87 L.Ed. Supreme Court of Alabama. 1. 116. 1081. 114. 1213, 128 A.L.R. 451, 185 So. MARSH v. ALABAMA SUPREME COURT OF THE UNITED STATES 326 U.S. 501 January 7, 1946, Decided. 569, 581, 12 L.Ed. 1313, an ordinance forbidding the summonsing of the occupants of a dwelling to receive handbills was held invalid because in conflict with the freedom of speech and press, this Court pointed out at page 147 of 319 U.S., at page 865 of 63 S.Ct., that after warning the property owner would be protected from annoyance.4 The very Alabama statute which is now held powerless to protect the property of the Gulf Shipbuilding Corporation, after notice, from this trespass was there cited, note 10, to show that it would protect the householder, after notice. United States Supreme Court. Constitutional privileges having such a reach ought not to depend upon a State court's notion of the extent of 'dedication' or private property to public purposes. Jehovah's Witness arrested for passing out religious literature in a company town without a permit 862, 87 L.Ed. 1414; Mills et al. MARSH v. STATE OF ALA.(1946) No. 1313. Ownership does not always mean absolute dominion. 114. 782 So. 768, and whether certain action on or near the road amounts to a tort. Had the corporation here owned the segment of the four-lane highway which runs parallel to the 'business block' and operated the same under a State franchise, doubtless no one would have seriously contended that the corporation's property interest in the highway gave it power to obstruct through traffic or to discriminate against interstate commerce. 514, adopted as the opinion of the Court, 319 U.S. 103, 63 S.Ct. MARSH v. ALABAMA. Marsh, a Jehovah’s Witness, was arrested for trespassing after attempting to distribute religious literature in a privately owned Alabama town. p. 11. Marsh v. Alabama. 869, as follows: 'But one who is rightfully on a street which the state has left open to the public carries with him there as elsewhere the constitutional right to express his views in an orderly fashion.'. Mr. Justice JACKSON took no part in the consideration or decision of this case. We do not think it makes any significant constitutional difference as to the relationship between the rights of the owner and those of the public that here the State, instead of permitting the corporation to operate a highway, permitted it to use its property as a town, operate a 'business block' in the town and a street and sidewalk on that business block. Republic Aviation Corp. v. National Labor Relations Board, 324 U.S. 793, 65 S.Ct. 1691, 141 A.L.R. No. We do not understand from the record that there was objection to appellant's use of the nearby public highway and under our decisions she could rightfully have continued her activities a few feet from the spot she insisted upon using. at page 719, 88 L.Ed.

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