The fact that the property (the town) is privately owned, does not justify restricting fundamental liberties. 862, 87 L.Ed. 401, 57 L.Ed. 1292, 146 A.L.R. at pages 824, 825; cf. Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as freely as a farmer does his farm. 427, 78 L.Ed. Insofar as the State has attempted to impose criminal punishment on appellant for undertaking to distribute religious literature in a company town, its action cannot stand. 862, 865, 87 L.Ed. See Marrone v. Washington Jockey Club, 227 U.S. 633, 33 S.Ct. 1031; Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. at page 823, 58 L.Ed. 625, 69 L.Ed. The passway here in question was not put to any different use than other private passways that lead to privately owned areas, amusement places, resort hotels or other businesses. Marsh v. Alabama 326 U.S. 501 Marsh v. Alabama (No. 669, 672, 87 L.Ed. 948, 83 L.Ed. Since these facilities are built and operated primarily to benefit the public and since their operation is essentially a public function, it is subject to state regulation.3 And, though the issue is not directly analogous to the on before us we do want to point out by way of illustration that such regulation may not result in an operation of these facilities, even by privately owned companies, which unconstitutionally interferes with and discriminates against interstate commerce. Discussion. Jehovah's Witness arrested for passing out religious literature in a company town without a permit We do not question the State court's determination of the issue of 'dedication.' 712. Had the corporation here owned the segment of the four-lane highway which runs parallel to the 'business block' and operated the same under a State franchise, doubtless no one would have seriously contended that the corporation's property interest in the highway gave it power to obstruct through traffic or to discriminate against interstate commerce. Decided. Appellant, as we have said, was free to engage in such practices on the public highways, without becoming a trespasser on the company's property. 954, 83 L.Ed. Did Alabama violate Marsh’s rights under the First and Fourteenth amendments by refusing to allow her to distribute religious material in the privately owned town of Chickasaw? 717, 88 L.Ed. Is the Constitution applicable to privately owned towns? at page 1244, 86 L.Ed. 1290, in connection with 316 U.S. 584, 600, 62 S.Ct. Marsh v. Alabama (1946) was a landmark case decided by the U.S. Supreme Court after World War II. 2d 223 (2000) Dixie MARSH v. W. Rodgers GREEN, M.D. p. 11. 451, 185 So. Constitutional privileges having such a reach ought not to depend upon a State court's notion of the extent of 'dedication' or private property to public purposes. 263 (Misc. 2. 767; American Toll Bridge Co. v. Railroad Commission of California, 307 U.S. 486, 59 S.Ct. Compare Western Turf Ass'n v. Greenberg, 204 U.S. 359, 27 S.Ct. 938, 152 A.L.R. Opinion for Marsh v. Alabama, 326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. 890, 87 L.Ed. 514, which later was adopted as the opinion of the Court, 319 U.S. 103, 104, 63 S.Ct. Appellant, a Jehovah's Witness, came onto the sidewalk we have just described, stood near the post-office and undertook to distribute religious literature. No. Marsh v. Alabama , 326 U.S. 501 (1946) , was a case decided by the United States Supreme Court , in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town . 1081. We do not think it makes any significant constitutional difference as to the relationship between the rights of the owner and those of the public that here the State, instead of permitting the corporation to operate a highway, permitted it to use its property as a town, operate a 'business block' in the town and a street and sidewalk on that business block. Alabama has a statute generally applicable to all privately owned premises. But determination of the issue of 'dedication' does not decide the question under the Federal Constitution here involved. The percentage varied from 9 per cent in Illinois and Indiana and 64 per cent in Kentucky, to almost 80 per cent in West Virginia. Facts: Marsh, a jehovah’s witness, was convicted of trespassing when she passed out religious fliers in the company-owned town of Chicksaw against the corporate owner’s permission. Brief Fact Summary. 146, 84 L.Ed. 438, 88 L.Ed. 669, 87 L.Ed. *502 Mr. Hayden C. Covington, with whom Mr. Grover C. Powell was on the brief, for appellant. 768, and whether certain action on or near the road amounts to a tort. APPEAL FROM THE COURT OF APPEALS OF ALABAMA Syllabus. City of Demopolis v. Webb, 87 Ala. 659, 6 So. Decided by Stone Court . MARSH v. STATE OF ALABAMA. --- Decided: Jan 7, 1946. 1. An owner of property may very well have been willing for the public to use the private passway for business purposes and yet have been unwilling to furnish space for street trades or a location for the practice of religious exhortations by itinerants. As to the suppression of civil liberties in company-towns and the need of those who live there for Constitutional protection, see the summary of facts aired before the Senate, Committee on Education and Labor, Violations of Free Speech and Rights of Labor, Hearings pursuant to S.Rec. Decided January 7, 1946. 870, 891, 87 L.Ed. Synopsis of Rule of Law. See County Commissioners v. Chandler, 96 U.S. 205, 208, 24 L.Ed. Appellant contended that to construe the state statute as applicable to her activities would abridge her right to freedom of press and religion contrary to the First and Fourteenth Amendments to the Constitution. It was recognized in the opinion that the freedom of solicitation was the result of a regulatory statute and was not a Constitutional right. Related Posts: Kansas v. Marsh - Oral Reargument - April 25, 2006; Kansas v. Marsh - Oral Argument - December 07, 2005; Notes: Marsh was eventually limited to its facts because of the difficulty in maintaining the argument that a private property owner was serving a sufficiently public function. 873; Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. The managers appointed by the corporation cannot curtail the liberty of press and religion of these people consistently with the purposes of the Constitutional guarantees, and a state statute, as the one here involved, which enforces such action by criminally punishing those who attempt to distribute religious literature clearly violates the First and Fourteenth Amendments to the Constitution. 667, 87 L.Ed. Marsh v. Alabama Argued: and Submitted Dec. 7, 1945. 81; Martin v. Struthers, 319 U.S. 141, 63 S.Ct. 862, 87 L.Ed. § 344(a). United States Supreme Court. It does not seem to me to further constitutional analysis to seek help for the solution of the delicate problems arising under the First Amendment from the very different order of problems which the Commerce Clause presents. 2d 223. 81; Follett v. McCormick, supra, 321 U.S. at page 577, 64 S.Ct. As to these, the judicial organ of a State has the final say. 1093; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. Court of Criminal Appeals of Alabama. In our view the circumstance that the property rights to the premises where the deprivation of liberty, here involved, took place, were held by others than the public, is not sufficient to justify the State's permitting a corporation to govern a community of citizens so as to restrict their fundamental liberties and the enforcement of such restraint by the application of a State statute. As we have heretofore stated, the town of Chickasaw does not function differently from any other town. 890, 87 L.Ed. Unless they fall under the prohibition of some legal rule, however, they are a matter for adjustment between owner and licensee, or by appropriate legislation. 890, 87 L.Ed. MARSH v. ALABAMA. The 'business block' serves as the community shopping center and is freely accessible and open to the people in the area and those passing through. 1414; Mills et al. In his dissenting opinion in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. 265, 1946 U.S. LEXIS 3097 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. But a company-owned town is a town. 1313. 1691, 141 A.L.R. Yes, it applies, because the town acts like a government body. 114) Argued: December 6, 1945 Decided: January 7, 1946. Numerous houses, connected by passways, fenced or not, marsh v alabama the opinion the. Supreme Court of Appeals of the United States, 249 U.S. 47, 39 S.Ct C. Powell was on brief. 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