Marsh v. Alabama
326 U.S. 501 (1946)

Annotate this Case

U.S. Supreme Court

Marsh v. Alabama, 326 U.S. 501 (1946)

Marsh v. Alabama

No. 114

Argued December 6, 1945

Decided January 7, 1946

326 U.S. 501

Syllabus

1. A state can not, consistently with the freedom of religion and the press guaranteed by the First and Fourteenth Amendments, impose criminal punishment on a person for distributing religious literature on the sidewalk of a company-owned town contrary to regulations of the town's management, where the town and its shopping district are freely accessible to and freely used by the public in general, even though the punishment is attempted under a state statute making it a crime for anyone to enter or remain on the premises of another after having been warned not to do so. Pp. 326 U. S. 502, 326 U. S. 505.

Page 326 U. S. 502

2. Whether a corporation or a municipality owns or possesses a town, the public in either case has an identical interest in the functioning of the community in such manner that the channels of communication remain free. P. 326 U. S. 507.

3. People living in company-owned towns are free citizens of their State and country, just as residents of municipalities, and there is no more reason for depriving them of the liberties guaranteed by the First and Fourteenth Amendments than there is for curtailing these freedoms with respect to any other citizen. P. 326 U. S. 508.

21 So.2d 558, reversed.

APPEAL from the affirmance of a conviction for violation of a state statute challenged as invalid under the Federal Constitution. The State Supreme Court denied certiorari, 246 Ala. 539, 21 So.2d 564.

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