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Marsh v. Alabama (Doc. #: 114) (1946)  [Findlaw]

Secondary Link Marsh v. Alabama  [Legal Information Institute]
Argument Date 12/07/1945
Decided 01/27/1946
Supreme Court Vote 5-3
Note The reach of Marsh v. Alabama was halted in Hudgens v. NLRB (1976), upholding the power of a shopping center owner to exclude picketers.
Supreme Court Ruling First Amendment claim sustained
 
IssueWhether 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.
Majority Opinion Black, J. (Jackson, J., not participating)
Concurring Opinion Frankfurter, J.
Dissenting Opinion Reed, J. (joined by Stone, C.J. & & Burton, J.)
Lower Court District Court for the District of Columbia (3-judge court)
Lower Court Ruling First Amendment claim denied.
Lawyers
For Petitioner
Hayden C. Covington (for Appellants)

For Respondent
William N. McQueen

Briefs
For Petitioner
Statement as to Jurisdiction (for Appellant)

For Respondent
Brief for Appellee

Statement Opposing Jurisdiction and Motion to Dismiss or Affirm (for Appellees)

Transcript of Record, Part 1

Transcript of Record, Part 2

Opinion - Lower Court
Marsh v. State (Ala. Ct. App., 1945, per Rice, J.) (opinion at p. 37 of Appendix)

Other
"Civil Rights v. Property," The New Republic, January 21, 1946, p. 9
"Project Grace" (anti-abortion project named after Grace Marsh, 12/07/99)

"Who Can You Trust Now?" (12-22-1943: circular distributed on streets of company town) (transcript at p. 95)

"Whom to Trust Now" & "How Catholic is Italy?" & "The Mysterious Deliverer" (12-22-1943: circular distributed on streets of company town) (transcript at p. 93)

Marsh, Grace, "Our Fight for the Right to Preach," Awake!, April 22, 1998, pp. 20-24
Newton, Merlin Owen, ARMED WITH THE CONSTITUTION: JEHOVAH'S WITNESSES IN ALABAMA AND THE U.S. SUPREME COURT (1995), pp. 106-132
Peters, Shawn Francis, JUDGING JEHOVAH'S WITNESSES: RELIGIOUS PERSECUTION & THE DAWN OF THE RIGHTS REVOLUTION (2000), pp. 15, 288-290
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