United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jones v. Opelika, 316 U.S. 584 (1942)

Jones v. Opelika

Argued (No. 280) February 5, 1942 and

(Nos. 314 and 966) April 30, 1942

Decided June 8, 1942

316 U.S. 584

Syllabus

1. A city ordinance which requires that licenses be procured and that taxes reasonable in amount be paid, for the conduct of various businesses within the municipality, including the business of selling books and pamphlets on the streets or from house to house, and which is general and nondiscriminatory in its incidences, does not infringe the liberties of free speech, free press or free exercise of

Page 316 U. S. 585

religion when applied to a member of a religious organization who is engaged in selling the printed propaganda of his sect. Pp. 316 U. S. 593, 316 U. S. 598.

2. One who sells religious literature on city streets, without having complied with provisions of an ordinance validly requiring that he first apply for and obtain a license and pay a license tax, cannot defend upon the ground that the ordinance is rendered unconstitutional as to him by a provision purporting to empower the licensing authority to revoke licenses without notice. Lovell v. Griffin, 303 U. S. 444, distinguished. P. 316 U. S. 599.

7 So.2d 503 affirmed.

202 Ark. 614, 151 S.W.2d 1000, affirmed.

118 P.2d 97 affirmed.

The first two of these cases were brought here by writs of certiorari, 314 U.S. 593, 315 U.S. 793. The third came up by appeal. In each case, the review was of a judgment affirming a conviction and fine for violation of a city ordinance declaring it unlawful to sell books or pamphlets within the municipal limits without having obtained a license and paid a license tax.