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Fowler v. Rhode Island | |
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Argued February 3, 1953 Decided March 9, 1953 | |
Full case name | Fowler v. Rhode Island |
Citations | 345 U.S. 67 ( more ) 73 S. Ct. 526; 97 L. Ed. 2d 828 |
Case history | |
Prior | Certified question answered, State v. Fowler, 79 R.I. 16, 83 A.2d 67 (1951); conviction affirmed, 80 R.I. 85, 91 A.2d 27 (1952); probable jurisdiction noted, 73 S. Ct. 168 (1952). |
Holding | |
A municipal ordinance which is so construed and applied as to penalize a minister of Jehovah's Witnesses for preaching at a peaceful religious meeting in a public park, although other religious groups could conduct religious services there with impunity, violates the First and Fourteenth Amendments of the Federal Constitution. | |
Court membership | |
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Case opinions | |
Majority | Douglas |
Concurrence | Frankfurter, Jackson |
Laws applied | |
U.S. Const. amends. I, XIV |
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Fowler v. Rhode Island, 345 U.S. 67 (1953), was a case in which the Supreme Court of the United States held that a municipal ordinance which was used to penalize a minister of Jehovah's Witnesses for preaching at a peaceful religious meeting in a public park, although other religious groups could conduct religious services there with impunity, violated the First and Fourteenth Amendments. [1]
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.58 million adherents involved in evangelism and an annual Memorial attendance of over 20 million. Jehovah's Witnesses are directed by the Governing Body of Jehovah's Witnesses, a group of elders in Warwick, New York, United States, which establishes all doctrines based on its interpretations of the Bible. They believe that the destruction of the present world system at Armageddon is imminent, and that the establishment of God's kingdom over the earth is the only solution for all problems faced by humanity.
The City of Pawtucket, Rhode Island, had an ordinance which reads as follows:
Pawtucket is a city in Providence County, Rhode Island, United States. The population was 71,148 at the 2010 census. It is the fourth largest city in the state. Pawtucket has a lot of trees.
SEC. 11. No person shall address any political or religious meeting in any public park; but this section shall not be construed to prohibit any political or religious club or society from visiting any public park in a body, provided that no public address shall be made under the auspices of such club or society in such park.
Jehovah's Witnesses assembled in Slater Park of Pawtucket for a meeting which at the trial was conceded to be religious in character. About 400 people attended, 150 being Jehovah's Witnesses. Fowler, a Jehovah's Witness minister, was invited to give a talk before the Pawtucket congregation of Jehovah's Witnesses. Fowler accepted the invitation and addressed the meeting in the park over two loud-speakers. It was a quiet, orderly meeting with no disturbances or breaches of the peace whatsoever.
Fowler had been talking only a few minutes when he was arrested by the police and charged with violating the ordinance set forth above. He was tried and found guilty over objections that the ordinance as so construed and applied violated the First and the Fourteenth Amendments of the Constitution. He was fined $5.
Fowler's conviction was affirmed by the Rhode Island Supreme Court. 80 R.I., 91 A. 2d 27. Also see Fowler v. State, 79 R. I. 16, 83 A. 2d 67, an earlier opinion answering certified questions and holding the ordinance valid.
Davis v. Massachusetts , decided in 1897, sustained a conviction of a man for making a speech on Boston Common in violation of an ordinance that forbade the making of a public address there without a permit from the mayor. Much of the oral argument and most of the briefs presented in Fowler v. Rhode Island were devoted on the one hand to a defense of the Davis case and on the other hand to an attack on it. Analyses of subsequent decisions were submitted by the State of Rhode Island in an effort either to demonstrate that the Davis case was still valid and applicable to this case. Other analyses were submitted by Fowler to argue that it had been so qualified as to no longer to have any vitality. Fowler asked the Court to overrule Davis; the State of Rhode Island asked to have it reaffirmed.
Boston Common is a central public park in downtown Boston, Massachusetts. It is sometimes erroneously referred to as the Boston Commons. Dating from 1634, it is the oldest city park in the United States. The Boston Common consists of 50 acres (20 ha) of land bounded by Tremont Street, Park Street, Beacon Street, Charles Street, and Boylston Street. The Common is part of the Emerald Necklace of parks and parkways that extend from the Common south to Franklin Park in Jamaica Plain, Roxbury, and Dorchester. A visitors' center for all of Boston is located on the Tremont Street side of the park.
It was conceded at the trial that this meeting was a religious one. On oral argument before the Court the Assistant Attorney General further conceded that the ordinance, as construed and applied, did not prohibit church services in the park. Catholics could hold mass in Slater Park and Protestants could conduct their church services there without violating the ordinance. Church services normally entail not only singing, prayer, and other devotionals but preaching as well. Even so, those services would not be barred by the ordinance.
Justice Douglas delivered the decision of the Court. In it, he wrote that the Court was putting aside "the problems presented by the Davis case and its offspring" because there was one aspect of the case that undercut all others, requiring the Court to reverse the judgment and rule in favor of Fowler. Douglas wrote that the concession by the State of Rhode Island that the meeting in question was a religious one and the further concession that the ordinance did not prohibit church services in the park plainly showed that a religious service of Jehovah's Witnesses was treated differently than a religious service of other sects. In the opinion of the Court, that amounted to the state preferring some religious groups over the Jehovah's Witnesses.
William Orville Douglas was an American jurist and politician who served as an Associate Justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975 Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court".
Justice Douglas cited the precedent of Niemotko v. Maryland in which there was similarly "a public park, open to all religious groups, was denied Jehovah's Witnesses because of the dislike which the local officials had of these people and their views." In that case, the Court had held the prosecution of Niemotko to be a discrimination that was prohibited by the First and Fourteenth Amendments.
Niemotko v. Maryland, 340 U.S. 268 (1951), was a case in which the Supreme Court of the United States held that the city of Havre de Grace, Maryland had violated the free exercise of Niemotko's religion by not issuing a permit for him and his religious group to meet in a public park when other religious and civic groups had been given permits for holding their meetings there.
Douglas wrote
it is no business of courts to say that what is a religious practice or activity for one group is not religion under the protection of the First Amendment. Nor is it in the competence of courts under our constitutional scheme to approve, disapprove, classify, regulate, or in any manner control sermons delivered at religious meetings. Sermons are as much a part of a religious service as prayers. They cover a wide range and have as great a diversity as the Bible or other Holy Book from which they commonly take their texts. To call the words which one minister speaks to his congregation a sermon, immune from regulation, and the words of another minister an address, subject to regulation, is merely an indirect way of preferring one religion over another. That would be precisely the effect here if we affirmed this conviction in the face of the concession made during oral argument.
Numerous cases involving Jehovah's Witnesses have been heard by Supreme Courts throughout the world. The cases revolve around three main subjects:
R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), is a case of the United States Supreme Court in which the Supreme Court unanimously struck down St. Paul's Bias-Motivated Crime Ordinance and reversed the conviction of a teenager, referred to in court documents only as R.A.V., for burning a cross on the lawn of an African-American family for violating the First Amendment's protections for freedom of speech.
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The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a decision by United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
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Martin v. Struthers, 319 U.S. 141 (1943), is a United States Supreme Court case in which the Court held that a law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness, specifically their freedom of speech. The ruling was 5-4 and deemed trespassing laws a better fit for the town imposing the ordinance.
Murdock v. Pennsylvania, 319 U.S. 105 (1943), was a case in which the Supreme Court of the United States held that an ordinance requiring door-to-door salespersons ("solicitors") to purchase a license was an unconstitutional tax on religious exercise.
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Douglas v. City of Jeannette, 319 U.S. 157 (1943), was a case in which the Supreme Court of the United States held it does not restrain criminal prosecutions made in good faith unless there would be some "irreparable injury." This case is one of four cases collectively known as the "Jehovah's Witnesses Cases", because the Supreme Court handed down rulings on these four cases related to the Jehovah's Witnesses on the same day. Although the Supreme Court ruled against the Jehovah's Witnesses in this case, it ruled in favor of them in the other three cases and those represent landmark decisions in the area of First Amendment constitutional law.
Follett v. Town of McCormick, 321 U.S. 573 (1944), was a case in which the Supreme Court of the United States held that people who earn their living by selling or distributing religious materials should not be required to pay the same licensing fees and taxes as those who sell or distribute non-religious materials.
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The United States Reports are the official record of the Supreme Court of the United States. They include rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.