This article relies too much on references to primary sources . (August 2019) (Learn how and when to remove this template message) |
Jones v. City of Opelika | |
---|---|
Argued February 5, April 30, 1942 Decided June 8, 1942 | |
Full case name | Jones v. City of Opelika, Bowden et al. v. City of Fort Smith, Ark. Jobin v. State of Arizona |
Citations | 316 U.S. 584 ( more ) 62 S. Ct. 1231; 86 L. Ed. 1691; 1942 U.S. LEXIS 447 |
Court membership | |
| |
Case opinions | |
Majority | Reed, joined by Roberts, Frankfurter, Byrnes, Jackson |
Dissent | Stone, joined by Murphy, Black, Douglas |
Dissent | Murphy, joined by Stone, Black, Douglas |
Laws applied | |
U.S. Const. amend. I |
Jones v. City of Opelika, 316 U.S. 584 (1942), was a case in which the Supreme Court of the United States held that a statute prohibiting the sale of books without a license was constitutional because it covered not a religious ritual but only individuals who engaged in a commercial activity. [1]
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America, established pursuant to Article III of the U.S. Constitution in 1789. 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, including suits between two or more states and those involving ambassadors. The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Presidential directives can be struck down by the Court 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.
The city of Opelika, Alabama, charged Jones with violating a statute by selling books without a license. All licenses were subject to immediate revocation by the city without requiring advance notice. Jones, a Jehovah's Witness, alleged that his rights to both freedom of the press and freedom of religion were violated.
Opelika is a city in and the county seat of Lee County in the east central part of the U.S. state of Alabama. It is a principal city of the Auburn-Opelika Metropolitan Area. As of the 2010 census, the population of Opelika was 26,401, and in 2018 the estimated population was 30,555. The Auburn-Opelika, AL MSA with a population of 150,933, along with the Columbus, Georgia metropolitan area, comprises the Greater Columbus combined statistical area, a region home to 501,649 residents.
Freedom of the press or freedom of the media is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through constitutional or other legal protections.
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom to change one's religion or beliefs.
Writing for the majority, Justice Reed wrote that individual rights must be balanced against competing rights of the state. He asserted that the fact that a person is engaged in disseminating religious materials does not place his action above regulation by the state. When people choose to use the vending of their religious books and tracts as a source of funds, the financial aspects of their transactions need not be wholly disregarded. To subject any religious or didactic group to a reasonable fee for their money-making activities does not require a finding that the licensed acts are purely commercial. It is enough that money is earned by the sale of articles.
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957.
When traditional means of distribution are used by religious groups, they can be held to the same standards as non-religious groups. The court held that Jones had no standing to challenge that part of the statute because he did not have a license that was revoked arbitrarily by the state.
The two dissenting opinions, by Chief Justice Harlan Stone and Justice Frank Murphy, examined both the unlimited discretion of the authorities in Opelika to withdraw a license as well as the amount of fees charged in order to get a license. The majority had considered that the amount of fees ($25.00 annually in some cases or $2.50 per day in others) was irrelevant because the issue had not been argued earlier, but the dissenters thought the amount to be relevant.
William Francis Murphy was a Democratic politician and jurist from Michigan. He was named to the Supreme Court of the United States in 1940 after a political career that included stints as Governor of Michigan and Mayor of Detroit. He also served as the last Governor General of the Philippine Islands and the first High Commissioner of the Philippines.
This section needs expansion. You can help by adding to it.(June 2008) |
The decision forced religious groups to meet the same requirements as nonreligious groups engaged in a similar activity. The fact that they were selling religious materials did not exempt them from statutes regulating commercial acts.
In the one paragraph per curiam decision Jones v. City of Opelika (II), 319 U.S. 103 (1943), [2] the Court vacated Jones v. City of Opelika (1942) on the basis of the principles articulated in Murdock v. Commonwealth of Pennsylvania ; a state may not prohibit distribution of religious handbills where handbills seek to raise funds in a lawful fashion.
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States involving the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American Flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later, in West Virginia State Board of Education v. Barnette.
Bowers v. Hardwick, 478 U.S. 186 (1986), is a United States Supreme Court decision that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual sodomy and heterosexual sodomy. This case was overturned in 2003 in Lawrence v. Texas, though the Georgia statute had already been struck down in 1998.
Skinner v. State of Oklahoma, ex rel. Williamson, 316 U.S. 535 (1942), was the United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional if the sterilization law treats similar crimes differently. The relevant Oklahoma law applied to "habitual criminals," but the law excluded white-collar crimes from carrying sterilization penalties. The Court held that treating similar crimes differently violated the Equal Protection Clause of the 14th Amendment.
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the Supreme Court of the United States held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law which has been expressed prior to the conduct in issue. This holding is based on the Fourteenth Amendment prohibition by the Due Process Clause against ex post facto laws.
Bob Jones University v. United States, 461 U.S. 574 (1983), was a decision by the United States Supreme Court holding that the religion clauses of the First Amendment did not prohibit the Internal Revenue Service from revoking the tax exempt status of a religious university whose practices are contrary to a compelling government public policy, such as eradicating racial discrimination.
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.
Hayden Cooper Covington was legal counsel for the Watch Tower Bible and Tract Society in the mid-20th century. He argued numerous cases before the United States Supreme Court on behalf of Jehovah’s Witnesses in defense of their religious freedoms, winning most of them. In 1967, he defended then world heavyweight champion Muhammad Ali in his legal battle against the draft during the Vietnam War.
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.
Cox v. New Hampshire, 312 U.S. 569 (1941), was a case in which the Supreme Court of the United States held that, although the government cannot regulate the contents of speech, it can place reasonable time, place, and manner restrictions on speech for the public safety. Here, the Court held that government may require organizers of any parade or procession on public streets to have a license and pay a fee.
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.
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.
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.
Poulos v. New Hampshire, 345 U.S. 395 (1953), was a case in which the Supreme Court of the United States held that a New Hampshire city ordinance regarding permission to hold a meeting in a public park did not violate the appellant's rights to Free Exercise of Religion even if he and his group were arbitrarily and unlawfully denied a license to hold a religious meeting in that public park.
Tucker v. Texas, 326 U.S. 517 (1946), was a case in which the Supreme Court of the United States held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
Busey v. District of Columbia, 319 U.S. 579 (1943), was a case in which the Supreme Court of the United States overturned the conviction of a Jehovah's Witness for unlicensed selling of magazines on public sidewalks.
Valentine v. Chrestensen, 316 U.S. 52 (1942), was a case in which the Supreme Court of the United States ruled that commercial speech in public thoroughfares is not constitutionally protected.
Takahashi v. Fish and Game Comm'n, 334 U.S. 410 (1948), was a case before the United States Supreme Court. The issue at hand was a restrictive law in California requiring American citizenship to get a fishing license. The Court held that this was an unreasonable restriction and was discriminatory to residents of Japanese ancestry.
Lloyd Corp. v. Tanner, 407 U.S. 551 (1972), was a United States Supreme Court ruling that the passing out of anti-war leaflets at the Lloyd Center in Portland, Oregon was an infringement on property rights. This differed from Marsh v. Alabama (1946) and Amalgamated Food Employees Union v. Logan Valley Plaza (1968) in that Marsh, supra, had the attributes of a municipality and Long Valley, supra, related to picketing a particular store, while the current case, the distribution of leaflets, is unrelated to any activity in the property.
Tulee v. Washington, 315 U.S. 681 (1942), was a United States Supreme Court case in which the Court held the Washington statute prescribing license fees for fishing is invalid as applied to a Yakima Indian convicted on a charge of catching salmon with a net without first having obtained a license, in view of Treaty with Yakima Indians securing to them the exclusive right of taking fish in all streams running through or bordering reservation and right of taking fish at all usual and accustomed places in common with citizens of Washington.