Jamison v. Texas

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Jamison v. State of Texas
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Argued February 12, 1943
Decided March 8, 1943
Full case nameJamison v. State of Texas
Citations318 U.S. 413 ( more )
63 S. Ct. 669; 87 L. Ed. 869; 1943 U.S. LEXIS 889
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts  · Hugo Black
Stanley F. Reed  · Felix Frankfurter
William O. Douglas  · Frank Murphy
Robert H. Jackson  · Wiley B. Rutledge
Case opinions
MajorityBlack, joined by Stone, Roberts, Reed, Douglas, Murphy, Jackson, Rutledge
ConcurrenceFrankfurter

Jamison v. State of Texas, 318 U.S. 413 (1943), was a case in which the Supreme Court of the United States held that a Dallas city ordinance, which prohibited distribution of handbills on the streets, violated the Free Exercise Clause of the First Amendment because the material being distributed is religious in its nature. [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the U.S. Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory 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.

Contents

Facts of the case

Jamison, a member of the Jehovah's Witnesses, was charged with distributing handbills on the streets of Dallas, Texas, in violation of an ordinance of that city which prohibits their distribution. She was convicted in the Corporation Court of Dallas, and appealed to the County Criminal Court where, after a new trial, she was again convicted and a fine of $5.00 and costs was imposed. [1]

Jehovahs Witnesses Christian denomination

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.

Decision of the Court

Justice Black delivered the opinion of the Court: "The state can prohibit the use of the street for the distribution of purely commercial leaflets, even though such leaflets may have 'a civic appeal, or a moral platitude' appended. They may not prohibit the distribution of handbills in the pursuit of a clearly religious activity merely because the handbills invite the purchase of books for the improved understanding of the religion or because the handbills seek in a lawful fashion to promote the raising of funds for religious purposes." [1]

Hugo Black Former Associate Justice of the Supreme Court of the United States

Hugo Lafayette Black was an American lawyer, politician, and jurist who served as a U.S. Senator from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections. Having gained a reputation in the Senate as a reformer, Black was nominated to the Supreme Court by President Roosevelt and confirmed by the Senate by a vote of 63 to 16. He was the first of nine Roosevelt nominees to the Court, and he outlasted all except for William O. Douglas.

See also

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References

  1. 1 2 3 Jamison v. Texas, 318 U.S. 413 (1943).
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