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| | | Marsh v. Alabama (Doc. #: 114) (1946)
[Findlaw]
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Secondary Link
| Marsh v. Alabama
[Legal Information Institute]
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Argument Date
| 12/07/1945 |
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Decided
| 01/27/1946 |
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Supreme Court Vote
| 5-3 |
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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. |
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Supreme Court Ruling
| First Amendment claim sustained |
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| | | Issue | 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. | |
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Majority Opinion
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Black, J. (Jackson, J., not participating) |
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Concurring Opinion
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Frankfurter, J. |
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Dissenting Opinion
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Reed, J. (joined by Stone, C.J. & & Burton, J.) |
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Lower Court
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Supreme Court of Appeals of West Virginia |
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Lower Court Ruling
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First Amendment claim denied. |
| Lawyers |
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| Briefs |
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| Opinion - Lower Court |
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| Other |
"Civil Rights v. Property," The New Republic, January 21, 1946, p. 9
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Marsh, Grace, "Our Fight for the Right to Preach," Awake!, April 22, 1998, pp. 20-24
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Newton, Merlin Owen, ARMED WITH THE CONSTITUTION: JEHOVAH'S WITNESSES IN ALABAMA AND THE U.S. SUPREME COURT (1995), pp. 106-132
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Peters, Shawn Francis, JUDGING JEHOVAH'S WITNESSES: RELIGIOUS PERSECUTION & THE DAWN OF THE RIGHTS REVOLUTION (2000), pp. 15, 288-290
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