DocketNumber: 87
Citation Numbers: 326 U.S. 517, 66 S. Ct. 274, 90 L. Ed. 274, 1946 U.S. LEXIS 2927
Judges: Black, Frankfurter, Jackson
Filed Date: 2/4/1946
Status: Precedential
Modified Date: 10/19/2024
delivered the opinion of the Court.
The appellant was charged in the Justice Court of Medina County, Texas, with violating Article 479, Chap. 3 of the Texas Penal Code which makes it an offense for any “peddler or hawker of goods or merchandise” wilfully to refuse to leave premises after having been notified to do so by the owner or possessor thereof. The appellant urged in his defense that he was not a peddler or hawker of merchandise, but a minister of the gospel engaged in the distribution of religious literature to willing recipients. He contended that to construe the Texas statute as applicable to his activities would, to that extent, bring it into conflict with the Constitutional guarantees of freedom of press and religion. His contention was rejected and he was convicted. On appeal to the Medina County Court, his Constitutional contention was again overruled. Since he could not appeal to a higher state court this appeal under § 237 (a) of the Judicial Code, 28 U. S. C. 344 (a) is properly before us. Largent v. Texas, 318 U. S. 418.
The facts shown by the record need be but briefly stated. Appellant is an ordained minister of the group known as Jehovah's Witnesses. In accordance with the practices of this group he calls on people from door to door, presents his religious views to those willing to listen, and distributes religious literature to those willing to receive it. In the course of his work, he went to the Hondo Navigation Village located in Medina County, Texas. The village is owned by the United States under a Congressional program which was designed to provide housing for persons engaged in National Defense activities. 42 U. S. C., §§ 1521-1553. According to all indications the
The foregoing statement of facts shows their close similarity to the facts which led us this day to decide in Marsh v. Alabama, ante, p. 501, that managers of a company-owned town could not bar all distribution of religious literature within the town, or condition distribution upon a permit issued at the discretion of its man
It follows from what we have said that to the extent that the Texas statute was held to authorize appellant’s punishment for refusing to refrain from religious activities in Hondo Village it is an invalid abridgement of the freedom of press and religion.
We think it only proper to add that neither the Housing Act passed by Congress nor the Housing Authority Regulations contain language indicating a purpose to bar freedom of press and religion within villages such as the one here involved. The case is reversed and the cause remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
The available Regulations of the Authority, of which we can take judicial notice, Bowles v. United States, 319 U. S. 33, 35, do not show a regulation of this kind.