United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Jamison v. Texas

No. 558

Argued February 12, 1943

Decided March 8, 1943

318 U.S. 413

Syllabus

1. Under the state law, the appellant in this case could appeal to no higher state court than that from which the appeal here was taken; and, since the judgment sustained a municipal ordinance the validity of which under the Federal Constitution was challenged, this Court has jurisdiction of the appeal under Jud.Code § 237(a). P. 318 U. S. 414.

2. A municipal ordinance is a "statute" of the State, within the meaning of Jud.Code § 237(a). King Mf. Co. v. Augusta, 277 U. S. 100, followed. P. 318 U. S. 414.

3. A municipal ordinance which, as construed and applied, prohibits the dissemination of information by handbills, held a denial of the freedom of the press and violative of the Fourteenth Amendment. P. 318 U. S. 415.

4. A State may not, consistently with the Fourteenth Amendment, 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 they seek to promote the raising of funds for religious purposes. P. 318 U. S. 416.

Reversed.