Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
applicable to the states. U.S.C.A.Const. Amends.
1, 14.
KeyCite Yellow Flag - Negative Treatment
Disapproval Recognized by Frazier v. Boomsma, D.Ariz., August 20,
2008
63 Cases that cite this headnote
2
Constitutional Law
Solicitation;
Distribution of Literature
Constitutional Law
Organizations
Charities or Religious
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1389 Solicitation; Distribution of Literature
(Formerly 92k84.5(16), 92k84)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(M) Soliciting, Canvassing, Pamphletting,
Leafletting, and Fundraising
92k1879 Charities or Religious Organizations
(Formerly 92k90.1(1.1), 92k90.1(1), 92k90)
On Writs of Certiorari to the Superior Court of the
Commonwealth of Pennsylvania.
Robert Murdock, Jr., Anna Perisich, Willard L. Mowder,
Charles Seders, Robert Lamborn, Anthony Maltezos,
Anastasia Tzanes and Ellaine Tzanes were convicted
of violating an ordinance of the City of Jeannette,
Commonwealth of Pennsylvania prohibiting the sale of
goods, wares and merchandise of any kind within the
city by canvassing for, or soliciting without a license.
The convictions were affirmed by the Superior Court of
Pennsylvania, 149 Pa.Super. 175, 27 A.2d 666, and they bring
certiorari.
Spreading one's religious beliefs or preaching the
Gospel through distribution of religious literature
and through personal visitations is an age-old
type of evangelism which is entitled to protection
under Constitution guaranteeing “freedom of
speech”, “freedom of press” and “freedom of
religion”. U.S.C.A.Const.Amends. 1, 14.
57 Cases that cite this headnote
Reversed and remanded with directions.
See, also, Jones v. City of Opelika, 319 U.S. 105, 63 S.Ct.
891, 87 L.Ed. 1292; Douglas v. City of Jeannette, 319 U.S.
157, 63 S.Ct. 882, 87 L.Ed. 1324.
Mr. Justice REED, Mr. Justice FRANKFURTER, Mr. Justice
JACKSON, and Mr. Justice ROBERTS, dissenting.
West Headnotes (10)
1
Constitutional Law
First Amendment
92 Constitutional Law
92XXVII Due Process
92XXVII(A) In General
92k3848 Relationship to Other Constitutional
Provisions; Incorporation
92k3851 First Amendment
(Formerly 92k251)
3
Constitutional Law
Non-Transportation
Use; Parades and Demonstrations
92 Constitutional Law
92XXVII Due Process
92XXVII(G) Particular Issues and Applications
92XXVII(G)4 Government Property, Facilities,
and Funds
92k4103 Transportation
92k4105 Streets, Highways, and Sidewalks
92k4105(5) Non-Transportation Use; Parades and
Demonstrations
(Formerly 92k274(5), 92k274)
A state can prohibit the use of a street
for distribution of purely commercial leaflets
even though such leaflets may have a civic
appeal or a moral platitude appended to them.
U.S.C.A.Const. Amends. 1, 14.
The Fourteenth Amendment of the Federal
Constitution makes the First Amendment
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
1
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
(Formerly 92k274.1(2.1), 92k274.1(2),
92k274)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(M) Soliciting, Canvassing, Pamphletting,
Leafletting, and Fundraising
92k1879 Charities or Religious Organizations
(Formerly 92k274.1(2.1), 92k274.1(2),
92k274)
238 Licenses
238I For Occupations and Privileges
238k7 Constitutionality and Validity of Acts and
Ordinances
238k7(3) Uniformity as to Occupations or
Privileges of Same Class
(Formerly 92k274.1(2.1), 92k274.1(2),
92k274)
3 Cases that cite this headnote
4
Constitutional Law
Solicitation;
Distribution of Literature
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1389 Solicitation; Distribution of Literature
(Formerly 92k274(5), 92k274)
The state may not prohibit distribution of
handbills on the streets in pursuit of a clearly
religious activity merely because the handbills
invite the purchase of books for improved
understanding of religion, or because handbills
seek in a lawful fashion to promote the raising
of funds for religious purposes. U.S.C.A.Const.
Amends. 1, 14.
Where defendants went about from door to door
in city distributing literature and soliciting people
to purchase religious books and pamphlets, and
in connection with such activities defendants used
a phonograph on which they played a record
expounding certain of their views on religion,
defendants were engaged in a “religious venture”
rather than in a “commercial venture”, for purpose
of determining validity of licensing ordinance.
U.S.C.A.Const. Amends. 1, 14.
31 Cases that cite this headnote
5
Constitutional Law
Applications
Particular Issues and
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1310 In General
(Formerly 92k274.1(2.1), 92k84.5(16), 92k84)
The mere fact that religious literature is sold
by itinerant preachers rather than donated does
not transform evangelism into a “commercial
enterprise”, and the constitutional rights of those
spreading their religious beliefs through the
printed and spoken word are not to be gauged
by standards governing retailers or wholesalers of
books. U.S.C.A.Const.Amends. 1, 14.
125 Cases that cite this headnote
7
The power to tax the exercise of a privilege is
the power to control or suppress its enjoyment.
U.S.C.A.Const. Amends. 1, 14.
Constitutional Law
Solicitation;
Distribution of Literature
Constitutional Law
Organizations
Taxation
92 Constitutional Law
92XXVII Due Process
92XXVII(G) Particular Issues and Applications
92XXVII(G)6 Taxation
92k4135 In General
(Formerly 92k283)
128 Cases that cite this headnote
6
Constitutional Law
16 Cases that cite this headnote
Charities or Religious
Licenses
Uniformity as to Occupations or
Privileges of Same Class
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1389 Solicitation; Distribution of Literature
8
Constitutional Law
Taxation
92 Constitutional Law
92XXVII Due Process
92XXVII(G) Particular Issues and Applications
92XXVII(G)6 Taxation
92k4135 In General
(Formerly 92k283)
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
2
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
A state may not impose a charge for the
enjoyment of a right granted by the Federal
Constitution. U.S.C.A.Const. Amends. 1, 14.
12 Cases that cite this headnote
9
Constitutional Law
Licenses
Constitutional Law
Organizations
Charities or Religious
Constitutional Law
Distribution of
Materials in Public Places
Licenses
Constitutionality and Validity of
Acts and Ordinances
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1390 Licenses
92k1391 In General
(Formerly 92k274(2), 92k274)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(M) Soliciting, Canvassing, Pamphletting,
Leafletting, and Fundraising
92k1879 Charities or Religious Organizations
(Formerly 92k274(2), 92k274)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(U) Press in General
92k2079 Distribution of Materials in Public Places
(Formerly 92k274(2), 92k274)
238 Licenses
238I For Occupations and Privileges
238k7 Constitutionality and Validity of Acts and
Ordinances
238k7(1) In General
(Formerly 92k274(2))
The fact that city ordinance requiring religious
colporteurs to pay a license tax as a
condition to the pursuit of their activities was
nondiscriminatory did not render it constitutional,
since the protection afforded by the Constitution
is not so restricted and freedom of press, freedom
of speech and freedom of religion are in a
preferred position. U.S.C.A.Const. Amends. 1,
14.
100 Cases that cite this headnote
10
Constitutional Law
Licenses
Constitutional Law
Organizations
Charities or Religious
Constitutional Law
Distribution of
Materials in Public Places
92 Constitutional Law
92XIII Freedom of Religion and Conscience
92XIII(B) Particular Issues and Applications
92k1390 Licenses
92k1391 In General
(Formerly 92k274(2), 92k274)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(M) Soliciting, Canvassing, Pamphletting,
Leafletting, and Fundraising
92k1879 Charities or Religious Organizations
(Formerly 92k274(2), 92k274)
92 Constitutional Law
92XVIII Freedom of Speech, Expression, and
Press
92XVIII(U) Press in General
92k2079 Distribution of Materials in Public Places
(Formerly 92k274(2), 92k274)
City ordinance requiring colporteurs to pay a
license tax as a condition to the pursuit of
their activities violates Constitution guaranteeing
“freedom of press”, “freedom of speech” and
“freedom of religion” where the fee is not a
nominal one imposed as a regulatory measure
and calculated to defray the expense of protecting
those on the streets and at home against the abuse
of solicitors. U.S.C.A.Const. Amends. 1, 14.
121 Cases that cite this headnote
Attorneys and Law Firms
**871 *106 Mr. Hayden C. Covington, of Brooklyn, N.Y.,
for petitioners.
Mr. Fred B. Trescher, of Greensburg, Pa., for respondent.
Opinion
Mr. Justice DOUGLAS delivered the opinion of the Court.
The City of Jeannette, Pennsylvania, has an ordinance, some
forty years old, which provides in part:
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
3
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
‘That all persons canvassing for or soliciting within said
Borough, orders for goods, paintings, pictures, wares, or
merchandise of any kind, or persons delivering such articles
under orders so obtained or solicited, shall be required to
procure from the Burgess a license to transact said business
**872 and shall pay to the Treasurer of said Borough
therefore the following sums according to the time for which
said license shall be granted.
‘For one day $1.50, for one week seven dollars ($7.00),
for two weeks twelve dollars ($12.00), for three weeks
twenty dollars ($20.00), provided that the provisions of
this ordinance shall not apply to persons selling by sample
to manufacturers or licensed merchants or dealers doing
business in said Borough of Jeannette.’
Petitioners are ‘Jehovah's Witnesses'. They went about from
door to door in the City of Jeannette distributing literature
and soliciting people to ‘purchase’ certain religious books
and pamphlets, all published by the *107 Watch Tower
1
Bible & Tract Society. The ‘price’ of the books was twentyfive cents each, the ‘price’ of the pamphlets five cents
each. 2 In connection with these activities petitioners used
a phonograph 3 on which they played a record expounding
certain of their views on religion. None of them obtained
a license under the ordinance. Before they were arrested
each had made ‘sales' of books. There was evidence that it
was their practice in making these solicitations to request
a ‘contribution’ of twenty-five cents each for the books
and five cents each for the pamphlets but to accept lesser
sums or even to donate the volumes in case an interested
person was without funds. In the present case some donations
of pamphlets were made when books were purchased.
Petitioners were convicted and fined for violation of the
ordinance. Their judgments of conviction were sustained
by the Superior Court of Pennsylvania, 149 Pa.Super. 175,
27 A.2d 666, against their contention that the ordinance
deprived them of the freedom of speech, press, and religion
guaranteed by the First Amendment. Petitions for leave to
appeal to the Supreme Court of Pennsylvania were denied.
The cases are here on petitions for writs of certiorari which
we granted along with the petitions for rehearing of Jones v.
Opelika, 316 U.S. 584, 62 S.Ct. 1231, 86 L.Ed. 1691, 141
A.L.R. 514, and its companion cases.
1
Two religious books-Salvation and Creation-were sold.
Others were offered in addition to the Bible. The Watch
Tower Bible & Tract Society is alleged to be a nonprofit charitable corporation.
2
Petitioners paid three cents each for the pamphlets and,
if they devoted only their spare time to the work, twenty
cents each for the books. Those devoting full time to the
work acquired the books for five cents each. There was
evidence that some of the petitioners paid the difference
between the sales price and the cost of the books to their
local congregations which distributed the literature.
3
Purchased along with the record from the Watch Tower
Bible & Tract Society.
*108 1 The First Amendment, which the Fourteenth makes
applicable to the states, declares that ‘Congress shall make
no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech,
or of the press * * *.’ It could hardly be denied that a tax
laid specifically on the exercise of those freedoms would
be unconstitutional. Yet the license tax imposed by this
ordinance is in substance just that.
Petitioners spread their interpretations of the Bible and their
religious beliefs largely through the hand distribution of
literature by full or part time workers. 4 They claim to follow
the example of Paul, teaching ‘publickly, and from house to
house.’ Acts 20:20. They take literally the mandate of the
Scriptures, ‘Go ye into all the world, and preach the gospel
to every creature.’ Mark 16:15. In doing so they believe that
they are obeying a commandment of God.
4
The nature and extent of their activities throughout the
world during the years 1939 and 1940 are to be found in
the 1941 Yearbook of Jehovah's Witnesses, pp. 62-243.
The hand distribution of religious tracts is an age-old
form of missionary evangelism-as old as the history of
printing presses. 5 It has been a potent force in various
religious movements down through the years. 6 This form
of evangelism is utilized today on a large scale by various
religious sects whose colporteurs carry the **873 Gospel
to thousands *109 upon thousands of homes and seek
through personal visitations to win adherents to their faith. 7
It is more than preaching; it is more than distribution of
religious literature. It is a combination of both. Its purpose
is as evangelical as the revival meeting. This form of
religious activity occupies the same high estate under the First
Amendment as do worship in the churches and preaching
from the pulpits. It has the same claim to protection as the
more orthodox and conventional exercises of religion. It also
has the same claim as the others to the guarantees of freedom
of speech and freedom of the press.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
4
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
5
Palmer, The Printing Press and the Gospel (1912).
6
White, The Colporteur Evangelist (1930); Home
Evangelization (1850); Edwards, The Romance of the
Book (1932) c. V; 12 Biblical Repository (1944) Art.
VIII; 16 The Sunday Magazine (1887) pp. 43-47; 3
Meliora (1861) pp. 311-319; Felice, Protestants of
France (1853) pp. 53, 513; 3 D'Aubigne, History of
The Reformation (1849) pp. 103, 152, 436-437; Report
of Colportage in Virginia, North Carolina & South
Carolina, American Tract Society (1855). An early type
of colporteur was depicted by John Greenleaf Whittier
in his legendary poem, The Vaudois Teacher. And see,
Wylie, History of the Waldenses.
7
The General Conference of Seventh-Day Adventists
who filed a brief amicus curiae on the reargument
of Jones v. Opelika has given us the following data
concerning their literature ministry: This denomination
has 83 publishing houses throughout the world issuing
publications in over 200 languages. Some 9,256
separate publications were issued in 1941. By printed
and spoken word the Gospel is carried into 412
countries in 824 languages. 1942 Year Book, p. 287.
During December 1941 a total of 1018 colporteurs
operated in North America. They delivered during that
month $97,997.19 worth of gospel literature and for the
whole year of 1941 a total of $790,610.36-an average
per person of about $65 per month. Some of these
were students and temporary workers. Colporteurs of
this denomination receive half of their collections from
which they must pay their traveling and living expenses.
Colporteurs are specially trained and their qualifications
equal those of preachers. In the field each worker is
under the supervision of a field missionary secretary
to whom a weekly report is made. After fifteen years
of continuous service each colporteur is entitled to the
same pension as retired ministers. And see Howell, The
Great Advent Movement (1935), pp. 72-75.
2 The integrity of this conduct or behavior as a religious
practice has not been challenged. Nor do we have presented
any question as to the sincerity of petitioners in their
religious beliefs and practices, however misguided they may
be thought to be Moreover, we do not intimate or suggest
in respecting their sincerity that any conduct can be made
a religious rite and by the zeal of the practitioners swept
into the First Amendment. *110 Reynolds v. United States,
98 U.S. 145, 161, 167, 25 L.Ed. 244, and Davis v. Beason,
133 U.S. 333, 10 S.Ct. 299, 33 L.Ed. 637, denied any
such claim to the practice of polygamy and bigamy. Other
claims may well arise which deserve the same fate. We only
hold that spreading one's religious beliefs or preaching the
Gospel through distribution of religious literature and through
personal visitations is an age-old type of evangelism with as
high a claim to constitutional protection as the more orthodox
types. The manner in which it is practiced at times gives
rise to special problems with which the police power of the
states is competent to deal. See for example Cox v. New
Hampshire 312 U.S. 569, 61 S.Ct. 762, 85 L.Ed. 1049, 133
A.L.R. 1396, and Chaplinsky v. New Hampshire, 315 U.S.
568, 62 S.Ct. 766, 86 L.Ed. 1031. But that merely illustrates
that the rights with which we are dealing are not absolutes.
Schneider v. State, 308 U.S. 147, 160, 161, 60 S.Ct. 146,
150, 84 L.Ed. 155. We are concerned, however, in these
cases merely with one narrow issue. There is presented for
decision no question whatsoever concerning punishment for
any alleged unlawful acts during the solicitation. Nor is there
involved here any question as to the validity of a registration
system for colporteurs and other solicitors. The cases present
a single issue-the constitutionality of an ordinance which as
construed and applied requires religious colporteurs to pay a
license tax as a condition to the pursuit of their activities.
3
4
5
6 The alleged justification for the exaction of
this license tax is the fact that the religious literature is
distributed with a solicitation of funds. Thus it was stated
**874 in Jones v. Opelika, supra, 316 U.S. at page 597,
62 S.Ct. at page 1239, 86 L.Ed. 1691, 141 A.L.R. 514, that
when a religious sect uses ‘ordinary commercial methods
of sales of articles to raise propaganda funds', it is proper
for the state to charge ‘reasonable fees for the privilege of
canvassing’. Situations will arise where it will be difficult
to determine whether a particular activity is religious or
purely commercial. The distinction at times is vital. As we
stated only the other day in Jamison v. Texas, 318 U.S. 413,
63 S.Ct. 669, 672, 87 L.Ed. 869, ‘The state can prohibit
the use of the street for *111 the distribution of purely
commercial leaflets, even though such leaflets may have ‘a
civil appeal, or a moral platitude’ appended. Valentine v.
Chrestensen, 316 U.S. 52, 55, 62 S.Ct. 920, 922, 86 L.Ed.
1262. They may not 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 the handbills seek in
a lawful fashion to promote the raising of funds for religious
purposes.' But the mere fact that the religious literature is
‘sold’ by itinerant preachers rather than ‘donated’ does not
transform evangelism into a commercial enterprise. If it did,
then the passing of the collection plate in church would make
the church service a commercial project. The constitutional
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
5
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
rights of those spreading their religious beliefs through the
spoken and printed word are not to be gauged by standards
governing retailers or wholesalers of books. The right to use
the press for expressing one's views is not to be measured
by the protection afforded commercial handbills. It should
be remembered that the pamphlets of Thomas Paine were
not distributed free of charge. It is plain that a religious
organization needs funds to remain a going concern. But an
itinerant evangelist however misguided or intolerant he may
be, does not become a mere book agent by selling the Bible
or religious tracts to help defray his expenses or to sustain
him. Freedom of speech, freedom of the press, freedom of
religion are available to all, not merely to those who can
pay their own way. As we have said, the problem of drawing
the line between a purely commercial activity and a religious
one will at times be difficult. On this record it plainly cannot
be said that petitioners were engaged in a commercial rather
than a religious venture. It is a distortion of the facts of
record to describe their activities as the occupation of selling
books and pamphlets. And the Pennsylvania court did not
rest the judgments of conviction on that basis, though it did
find *112 that petitioners ‘sold’ the literature. The Supreme
Court of Iowa in State v. Mead, 230 Iowa 1217, 300 N.W.
523, 524, described the selling activities of members of this
same sect as ‘merely incidental and collateral’ to their ‘main
object which was to preach and publicize the doctrines of their
order.’ And see State v. Meredith, 197 S.C. 351, 15 S.E.2d
678; People v. Barber, 289 N.Y. 378, 385-386, 46 N.E.2d 329.
That accurately summarizes the present record.
7 We do not mean to say that religious groups and the
press are free from all financial burdens of government.
See Grosjean v. American Press Co., 297 U.S. 233, 250,
56 S.Ct. 444, 449, 80 L.Ed. 660. We have here something
quite different, for example, from a tax on the income of
one who engages in religious activities or a tax on property
used or employed in connection with those activities. It is
one thing to impose a tax on the income or property of a
preacher. It is quite another thing to exact a tax from him
for the privilege of delivering a sermon. The tax imposed
by the City of Jeannette is a flat license tax, the payment of
which is a condition of the exercise of these constitutional
privileges. The power to tax the exercise of a privilege is the
power to control or suppress its enjoyment. Magnano Co. v.
Hamilton, 292 U.S. 40, 44, 45, 54 S.Ct. 599, 601, 78 L.Ed.
1109, and cases cited. Those who can tax the exercise of this
religious practice can make its exercise so costly as to deprive
it of the resources necessary for its maintenance. Those who
can tax the privilege of engaging in this form of missionary
evangelism can close its doors to all those who do not have
a full purse. Spreading religious beliefs in this ancient and
honorable manner would thus be denied the needy. Those
who can deprive religious groups of their colporteurs can take
from them a part of the vital power of the press which has
survived from the Reformation.
**875 8 It is contended, however, that the fact that the
license tax can suppress or control this activity is unimportant
*113 if it does not do so. But that is to disregard the nature
of this tax. It is a license tax-a flat tax imposed on the exercise
of a privilege granted by the Bill of Rights. A state may not
impose a charge for the enjoyment of a right granted by the
federal constitution. Thus, it may not exact a license tax for
the privilege of carrying on interstate commerce (McGoldrick
v. Berwind-White Co., 309 U.S. 33, 56-58, 60 S.Ct. 388,
397, 398, 84 L.Ed. 565, 128 A.L.R. 876), although it may
tax the property used in, or the income derived from, that
commerce, so long as those taxes are not discriminatory. Id.,
309 U.S. at page 47, 60 S.Ct. at page 392, 84 L.Ed. 565, 128
A.L.R. 876 and cases cited. A license tax applied to activities
guaranteed by the First Amendment would have the same
destructive effect. It is true that the First Amendment, like
the commerce clause, draws no distinction between license
taxes, fixed sum taxes, and other kinds of taxes. But that
is no reason why we should shut our eyes to the nature of
the tax and its destructive influence. The power to impose
a license tax on the exercise of these freedoms is indeed
as potent as the power of censorship which this Court has
repeatedly struck down. Lovell v. Griffin, 303 U.S. 444, 58
S.Ct. 666, 82 L.Ed. 949; Schneider v. State, supra; Cantwell
v. Connecticut, 310 U.S. 296, 306, 60 S.Ct. 900, 904, 84 L.Ed.
1213, 128 A.L.R. 1352; Largent v. Texas, 318 U.S. 418, 63
S.Ct. 667, 87 L.Ed. 873; Jamison v. Texas, supra. It was for
that reason that the dissenting opinions in Jones v. Opelika,
supra, stressed the nature of this type of tax. 316 U.S. at pages
607-609, 620, 623, 62 S.Ct. at pages 1243, 1244, 1250, 1251,
86 L.Ed. 1691, 141 A.L.R. 514. In that case, as in the present
ones, we have something very different from a registration
system under which those going from house to house are
required to give their names, addresses and other marks of
identification to the authorities. In all of these cases the
issuance of the permit or license is dependent on the payment
of a license tax. And the license tax is fixed in amount and
unrelated to the scope of the activities of petitioners or to
their realized revenues. It is not a nominal fee *114 imposed
as a regulatory measure to defray the expenses of policing
the activities in question. 8 It is in no way apportioned. It is
a flat license tax levied and collected as a condition to the
pursuit of activities whose enjoyment is guaranteed by the
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
6
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
First Amendment. Accordingly, it restrains in advance those
constitutional liberties of press and religion and inevitably
tends to suppress their exercise. That is almost uniformly
recognized as the inherent vice and evil of this flat license tax.
As stated by the Supreme Court of Illinois in a case involving
this same sect and an ordinance similar to the present one, a
person cannot be compelled ‘to purchase, through a license
fee or a license tax, the privilege freely granted by the
constitution.' 9 Blue Island v. Kozul, 379 Ill. 511, 519, 41
N.E.2d 515, 519. So it may not be said that proof is lacking
that these license taxes either separately or cumulatively
have restricted or are likely to restrict petitioners' religious
activities. On their face they are a restriction of the free
exercise of those freedoms which are protected by the First
Amendment.
8
9
The constitutional difference between such a regulatory
measure and a tax on the exercise of a federal right has
long been recognized. While a state may not exact a
license tax for the privilege of carrying on interstate
commerce (McGoldrick v. Berwind-White Co., supra,
309 U.S. at pages 56-58, 60 S.Ct. at pages 397, 398, 84
L.Ed. 565, 128 A.L.R. 876) it may, for example, exact
a fee to defray the cost of purely local regulations in
spite of the fact that those regulations incidentally affect
commerce. ‘So long as they do not impede the free flow
of commerce and are not made the subject of regulation
by Congress, they are not forbidden.’ Clyde-Mallory
Lines v. Alabama, 296 U.S. 261, 267, 56 S.Ct. 194, 196,
80 L.Ed. 215, and cases cited. And see Sough Carolina
v. Barnwell Bros., Inc., 303 U.S. 177, 185-188, 625, 58
S.Ct. 510, 513-515, 82 L.Ed. 734.
That is the view of most state courts which have passed
on the question. McConkey v. Fredericksburg, 179 Va.
556, 19 S.E.2d 682; State v. Greaves, 112 Vt. 222, 22
A.2d 497; People v. Banks, 168 Misc. 515, 6 N.Y.S.2d
41. Contra: Cook v. Harrison, 180 Ark. 546, 21 S.W.2d
966.
**876 The taxes imposed by this ordinance can hardly
help but be as severe and telling in their impact on the
freedom *115 of the press and religion as the ‘taxes on
knowledge’ at which the First Amendment was partly aimed.
Grosjean v. American Press Co., supra, 297 U.S. at pages
244-249, 56 S.Ct. at pages 446-449, 80 L.Ed. 660. They
may indeed operate even more subtly. Itinerant evangelists
moving throughout a state or from state to state would feel
immediately the cumulative effect of such ordinances as
they become fashionable. The way of the religious dissenter
has long been hard. But if the formula of this type of
ordinance is approved, a new device for the suppression of
religious minorities will have been found. This method of
disseminating religious beliefs can be crushed and closed out
by the sheer weight of the toll or tribute which is exacted
town by town, village by village. The spread of religious
ideas through personal visitations by the literature ministry of
numerous religious groups would be stopped.
9 The fact that the ordinance is ‘nondiscriminatory’ is
immaterial. The protection afforded by the First Amendment
is not so restricted. A license tax certainly does not acquire
constitutional validity because it classifies the privileges
protected by the First Amendment along with the wares and
merchandise of hucksters and peddlers and treats them all
alike. Such equality in treatment does not save the ordinance.
Freedom of press, freedom of speech, freedom of religion
are in a preferred position.
It is claimed, however, that the ultimate question in
determining the constitutionality of this license tax is whether
the state has given something for which it can ask a return.
That principle has wide applicability. State Tax Commission
v. Aldrich, 316 U.S. 174, 62 S.Ct. 1008, 86 L.Ed. 1358, 139
A.L.R. 1436, and cases cited. But it is quite irrelevant here.
This tax is not a charge for the enjoyment of a privilege or
benefit bestowed by the state. The privilege in question exists
apart from state authority. It is guaranteed the people by the
federal constitution.
10 Considerable emphasis is placed on the kind of literature
which petitioners were distributing-its provocative, *116
abusive, and ill-mannered character and the assault which
it makes on our established churches and the cherished
faiths of many of us. See Douglas v. City of Jeannette,
319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324, concurring
opinion, decided this day. But those considerations are no
justification for the license tax which the ordinance imposes.
Plainly a community may not suppress, or the state tax, the
dissemination of views because they are unpopular, annoying
or distasteful. If that device were ever sanctioned, there would
have been forged a ready instrument for the suppression of the
faith which any minority cherishes but which does not happen
to be in favor. That would be a complete repudiation of the
philosophy of the Bill of Rights.
Jehovah's Witnesses are not ‘above the law’. But the present
ordinance is not directed to the problems with which the
police power of the state is free to deal. It does not cover,
and petitioners are not charged with, breaches of the peace.
They are pursuing their solicitations peacefully and quietly.
Petitioners, moreover, are not charged with or prosecuted
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
7
Murdock v. Com. of Pennsylvania, 319 U.S. 105 (1943)
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
for the use of language which is obscene, abusive, or
which incites retaliation. Cf. Chaplinsky v. New Hampshire,
supra. Nor do we have here, as we did in Cox v. New
Hampshire, supra, and Chaplinsky v. New Hampshire, supra,
state regulation of the streets to protect and insure the safety,
comfort, or convenience of the public. Furthermore, the
present ordinance is not narrowly drawn to safeguard the
people of the community in their homes against the evils of
solicitations. See Cantwell v. Connecticut, supra, 310 U.S. at
306, 60 S.Ct. at page 904, 84 L.Ed. 1213, 128 A.L.R. 1352.
As we have said, it is not merely a registration ordinance
calling for an identification of the solicitors so as to give the
authorities some basis for investigating strangers coming into
the community. And the fee is not a nominal one, imposed as
a regulatory measure and calculated to defray the expense of
protecting those on the streets and at home against the abuses
of solicitors. See *117 Cox v. New Hampshire, supra, 312
U.S. at pages 576, 577, 61 S.Ct. at pages 765, 766, 85 L.Ed.
1049, 133 A.L.R. 1396. Nor can the present ordinance strued
to apply only to solicitation from survive if we assume that it
has been con- **877 house to house. 10 The ordinance is not
narrowly drawn to prevent or control abuses or evils arising
from that activity. Rather, it sets aside the residential areas as
a prohibited zone, entry of which is denied petitioners unless
the tax is paid. That restraint and one which is city wide in
scope (Jones v. Opelika) are different only in degree. Each is
an abridgment of freedom of press and a restraint on the free
exercise of religion. They stand or fall together.
End of Document
10
The Pennsylvania Superior Court stated that the
ordinance has been ‘enforced’ only to prevent
petitioners from canvassing ‘from door to door and
house to house’ without a license and not to prevent
them from distributing their literature on the streets. 149
Pa.Super. at page 184, 27 A.2d at page 670.
The judgment in Jones v. Opelika has this day been vacated.
Freed from that controlling precedent, we can restore to
their high, constitutional position the liberties of itinerant
evangelists who disseminate their religious beliefs and the
tenets of their faith through distribution of literature. The
judgments are reversed and the causes are remanded to the
Pennsylvania Superior Court for proceedings not inconsistent
with this opinion.
Reversed.
The dissenting opinions of Mr. Justice REED and Mr. Justice
FRANKFURTER in Jones v. City of Opelika, 63 S.Ct. at page
891 cover these cases also.
For dissenting opinion of Mr. Justice JACKSON, see 63 S.Ct.
882.
Parallel Citations
63 S.Ct. 870, 146 A.L.R. 81, 87 L.Ed. 1292
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
8
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Filings (19)
Title
PDF
Court
Date
Type
1. *Petitioners' Supplemental Brief
Jones v. City of Opelika
1943 WL 54605
—
U.S.
Mar. 10, 1943 Brief
2. On Reargument. Brief on Behalf of the General
Conference of Seventh-Day Adventists as Amicus Curiae.
Jones v. City of Opelika
1943 WL 54606
—
U.S.
Mar. 10, 1943 Brief
3. Petitioners' Reply Brief
Douglas v. City of Jeannette
1943 WL 54691
—
U.S.
Mar. 9, 1943
Brief
4. Petitioners' Brief
Murdock v. Com. of Pennsylvania
1943 WL 54699
—
U.S.
Mar. 9, 1943
Brief
5. Respondent's Brief
Murdock v. Com. of Pennsylvania
1943 WL 54700
—
U.S.
Mar. 9, 1943
Brief
6. Petitioners' Brief
Douglas v. City of Jeannette
1943 WL 71840
—
U.S.
Mar. 8, 1943
Brief
7. Brief of the American Newspaper Publishers Association
as Amicus Curiae.
Jones v. City of Opelika
1943 WL 54604
—
U.S.
Mar. 4, 1943
Brief
8. Respondents' Brief
Douglas v. City of Jeannette
1942 WL 54118
—
U.S.
Oct. Term
1942
Brief
9. Brief on Behalf of the General Conference of Seventh Day
Adventists as Amicus Curiae.
Jones v. City of Opelika
1942 WL 54232
—
U.S.
Sep. 28, 1942 Brief
10. Brief of the American Newspaper Publishers Association
as Amicus Curiae.
Jones v. City of Opelika
1942 WL 54231
—
U.S.
Sep. 3, 1942
Brief
11. Statement as to Jurisdiction.
Martin v. City of Struthers
1942 WL 53699
—
U.S.
Jul. 16, 1942
Brief
12. Brief on Behalf of American Civil Liberties Union as
Amicus Curiae.
Jobin v. Arizona
1942 WL 54145
—
U.S.
Apr. 22, 1942 Brief
13. Appellant's Brief
Jobin v. Arizona
1942 WL 54144
—
U.S.
Apr. 11, 1942 Brief
14. Statement as to Jurisdiction.
Jobin v. Arizona
1942 WL 54143
—
U.S.
Feb. 19, 1942 Brief
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
9
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Title
Court
Date
15. Brief of American Civil Liberties Union as Amicus
Curiae.
Jones v. City of Opelika
1942 WL 53575
PDF
—
U.S.
Jan. 22, 1942 Brief
16. Petitioner's Brief
Jones v. City of Opelika
1941 WL 52767
—
U.S.
Nov. 18, 1941 Brief
17. Respondent's Brief.
Jones v. City of Opelika
1941 WL 52768
—
U.S.
Oct. Term
1941
Brief
18. Petitioner's Reply Brief
Jones v. City of Opelika
1941 WL 52769
—
U.S.
Oct. Term
1941
Brief
19. Petitioners' Brief
Bowden v. City of Ft. Smith
1941 WL 52779
—
U.S.
Oct. Term
1941
Brief
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
Type
10
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Negative Treatment
Negative Direct History
The KeyCited document has been negatively impacted in the following ways by events or decisions in the same
litigation or proceedings:
There is no negative direct history.
Negative Citing References (26)
The KeyCited document has been negatively referenced by the following events or decisions in other litigation or
proceedings:
Treatment
Disapproval
Recognized by
Title
1. Frazier v. Boomsma
Date
Type
Aug. 20 ,
2008
Case
Feb. 21 ,
1989
Case
Depth
Headnote(s)
—
2008 WL 3982985, *3 , D.Ariz.
Plaintiff Dan Frazier (“Frazier”) brought this action for
injunction against prosecution and a declaration that
A.R.S. § 13-3726 is unconstitutional on its face and as
applied to...
Disagreement
Recognized by
2. Texas Monthly, Inc. v. Bullock
6
9
10
9
10
9
10
S.Ct.
489 U.S. 1, 3 , U.S.Tex.
Publisher of nonreligious periodical brought action
challenging sales tax exemption provided by Texas
statute for religious periodicals. The exemption was
struck down by the...
Holding Limited
by
3. Jimmy Swaggart Ministries v. Board of
Jan. 17 ,
1990
Case
5
S.Ct.
Equalization of California
493 U.S. 378, 378 , U.S.Cal.
Religious organization brought action seeking refund of
sales and use taxes paid under protest. The Superior
Court, San Diego County, Jack R. Levitt, J., refused
refund, and...
Holding Limited
by
4. Forsyth County, Ga. v. Nationalist Movement
Jun. 19 ,
1992
Case
6
S.Ct.
505 U.S. 123, 124 , U.S.Ga.
Organization filed suit challenging constitutionality of
county's assembly and parade ordinance. The United
States District Court for the Northern District of Georgia,
William C....
Declined to
Extend by
5. Watchtower Bible and Tract of NY v. Sanchez
Ramos
Aug. 09 ,
2005
Case
6
S.Ct.
389 F.Supp.2d 171, 186 , D.Puerto Rico
CIVIL RIGHTS - Free Speech. Allowing neighborhoods
to close off access to public streets did not violate
religious organization's constitutional rights.
Declined to
Extend by
6. St. Elizabeth's Child Care Center v. Department of
Public Welfare
Jan. 07 ,
2010
Case
Aug. 26 ,
1943
Case
—
989 A.2d 52, 56 , Pa.Cmwlth.
CIVIL RIGHTS - Religion. Church child care center
failed to identify how licensing regulations substantially
burdened its free exercise of religion.
Distinguished
by
7. Town of McCormick v. Follett
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
5
6
9
11
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
Date
Type
204 S.C. 337, 337 , S.C.
Appeal from General Sessions Court, of McCormick
County; E. C. Dennis, Judge. Lester Follett was
convicted in the Mayor's Court of the Town of
McCormick of violating a municipal...
Distinguished
by
8. Ex parte Porterfield
9. Mitchell v. Pilgrim Holiness Church Corp.
Headnote(s)
S.Ct.
Mar. 28 ,
1944
Case
6
10
S.Ct.
63 Cal.App.2d 518, 530 , Cal.App. 3 Dist.
Proceeding in the matter of the application on behalf
of James Porterfield for a writ of habeas corpus. Writ
discharged. PEEK, J., dissenting.
Distinguished
by
Depth
Feb. 23 ,
1954
Case
6
S.Ct.
210 F.2d 879, 883 , 7th Cir.(Ind.)
Action by Secretary of Labor for injunction restraining
religious corporation from acts allegedly in violation of
Fair Labor Standards Act. The United States District
Court for...
Distinguished
by
10. State for Use And Benefit of Town of Pryor v.
Williamson
Oct. 27 ,
1959
Case
6
S.Ct.
347 P.2d 204, 206 , Okla.
Action barring trustees of estate from expending funds
to construct memorial chapel upon grounds belonging
to state and occupied by orphans home. The District
Court of Mayes...
Distinguished
by
11. In re Bartha
Nov. 10 ,
1976
Case
63 Cal.App.3d 584, 590 , Cal.App. 2 Dist.
Habeas corpus petition was filed challenging
constitutionality of Los Angeles municipal ordinance
prohibiting, among other things, engaging in
fortunetelling as a business. The...
Distinguished
by
Dec. 17 ,
1981
Case
13. Stajkowski v. Carbon County Bd. of Assessment Oct. 06 ,
1986
and Revision of Taxes
Case
12. Minneapolis Star and Tribune Co. v.
Commissioner of Revenue
5
6
S.Ct.
—
314 N.W.2d 201, 208 , Minn.
Commissioner of Revenue appealed from a summary
judgment of the District Court, Hennepin County,
Donald Barbeau, J., in favor of newspaper publisher,
declaring use tax on paper and...
Distinguished
by
6
9
10
9
10
S.Ct.
101 Pa.Cmwlth. 207, 209 , Pa.Cmwlth.
Clergyman appealed from order of the Court of
Common Pleas, Carbon County, John P. Lavelle,
President Judge, denying his appeal from decision of
Board of Assessment and Revision of...
Distinguished
by
14. Stonewall Union v. City of Columbus
May 06 ,
1991
931 F.2d 1130, 1133 , 6th Cir.(Ohio)
Organization sponsoring annual gay rights parade
brought action challenging ordinance requiring fees for
parade permit. The United States District Court for the
Southern District...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
Case
6
S.Ct.
12
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Distinguished
by
Title
15. Gasparo v. City of New York
Date
May 28 ,
1998
Type
Case
Depth
Headnote(s)
10
S.Ct.
16 F.Supp.2d 198, 206 , E.D.N.Y.
Operators of newsstands sought preliminary injunction
barring implementation of New York city ordinance
establishing new concession scheme for newsstands
located in city. The...
Distinguished
by
16. American Target Advertising, Inc. v. Giani
Jan. 13 ,
2000
Case
6
9
10
S.Ct.
199 F.3d 1241, 1248 , 10th Cir.(Utah)
CIVIL RIGHTS - Free Speech. Utah Charitable
Solicitations Act valid in part.
Distinguished
by
17. Coalition for the Abolition of Marijuana
Prohibition v. City of Atlanta
Jul. 27 , 2000 Case
9
10
S.Ct.
219 F.3d 1301, 1320 , 11th Cir.(Ga.)
CIVIL RIGHTS - Free Speech. City festival permit
ordinance was constitutional.
Distinguished
by
18. Singleton v. Smith
Mar. 02 ,
2001
Case
—
Oct. 10 ,
2002
Case
—
Jan. 27 ,
2006
Case
—
Aug. 21 ,
2008
Case
—
Nov. 19 ,
2009
Case
241 F.3d 534, 538 , 6th Cir.(Ohio)
LITIGATION - Prisoners. PLRA could not be applied
retroactively to eliminate inmate's post-assessment
indigency challenge to costs.
Distinguished
by
19. May v. McNally
203 Ariz. 425, 431 , Ariz.
GOVERNMENT - Elections. Fine surcharge allocated to
campaigns in viewpoint neutral manner did not violate
First Amendment rights of fine payers.
Distinguished
by
20. United Youth Careers, Inc. v. City of Ames, IA
412 F.Supp.2d 994, 1008 , S.D.Iowa
CIVIL RIGHTS - Free Speech. City solicitation
ordinance's requirement for $500,000 insurance policy
violated First Amendment.
Distinguished
by
21. Combs v. Homer-Center School Dist.
540 F.3d 231, 244 , 3rd Cir.(Pa.)
EDUCATION - Civil Rights. Pennsylvania law governing
reporting requirements of home-schooled children was
not unconstitutional.
Distinguished
by
22. People v. Williams
6
S.Ct.
235 Ill.2d 178, 200 , Ill.
COPYRIGHTS - Music. Copyright Act preempted
criminal antipiracy statute.
Distinguished
by
23. Wisconsin Interscholastic Athletic Ass'n v. Gannett
Co., Inc.
Jun. 03 ,
2010
Case
6
S.Ct.
716 F.Supp.2d 773, 797 , W.D.Wis.
CIVIL RIGHTS - Free Speech. Exclusive contract
regarding Internet streaming of tournament games did
not violate First Amendment.
Distinguished
by
24. People v. Larsen
Jul. 30 , 2010 Case
29 Misc.3d 423, 433 , N.Y.City Crim.Ct.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
6
S.Ct.
13
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
Date
Type
Depth
Headnote(s)
GOVERNMENT - Municipalities. City's vendor licensing
ordinance was a valid time, place, or manner restriction
under the First Amendment.
Distinguished
by
25. International Women's Day March Planning
Committee v. City of San Antonio
Sep. 08 ,
2010
Case
May 01 ,
1997
Case
—
619 F.3d 346, 370 , 5th Cir.(Tex.)
CIVIL RIGHTS - Free Speech. Ordinance imposing fees
on march organizers provided ample alternatives for
unburdened expression.
Limitation
of Holding
Recognized by
26. Haller v. Com.
693 A.2d 266, 272 , Pa.Cmwlth.
TAXES - Sales and Use. Exemption for certain religious
articles and publications violated Establishment Clause
and Pennsylvania Constitution.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
5
S.Ct.
14
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Appellate History (48)
Direct History (48)
1. Douglas v. City of Jeannette
39 F.Supp. 32 , W.D.Pa. , May 02, 1941
Reversed by
2. Douglas v. City of Jeannette, Pa.
130 F.2d 652 , C.C.A.3 (Pa.) , Aug. 31, 1942
Certiorari Granted by
3. Douglas v. City of Jeannette
318 U.S. 749 , U.S.Pa. , Feb. 15, 1943
AND Judgment Affirmed by
4. Douglas v. City of Jeannette (Pennsylvania)
319 U.S. 157 , U.S.Pa. , May 03, 1943
For Concurring Opinion, see
5. Douglas v. City of Jeannette (Pennsylvania)
319 U.S. 157 , U.S.Pa. , May 03, 1943
AND Rehearing Denied by
6. Douglas v. City of Jeannette
319 U.S. 782 , U.S.Pa. , May 24, 1943
7. Cole v. City of Fort Smith
202 Ark. 614 , Ark. , Jun. 09, 1941
Certiorari Denied by
8. Bowden v. City of Fort Smith, Arkansas.
314 U.S. 651 , U.S.Ark. , Oct. 13, 1941
Order Vacated by
9. Bowden v. City of Fort Smith, Arkansas
315 U.S. 793 , U.S.Ark. , Mar. 16, 1942
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
15
Murdock v. Com. of Pennsylvania, 319 U.S. 105
10. Cole v. City of Fort Smith
202 Ark. 614 , Ark. , Jun. 09, 1941
Certiorari Granted by
11. Bowden v. City of Fort Smith, Arkansas
315 U.S. 793 , U.S.Ark. , Mar. 16, 1942
AND Judgment Affirmed by
12. Jones v. City of Opelika
316 U.S. 584 , U.S.Ark. , Jun. 08, 1942
Rehearing Granted by
13. Bowden v. City of Fort Smith, Arkansas.
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Rehearing Granted by
14. Jobin v. State of Arizona
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Judgment Vacated by
15. Jones v. City of Opelika
319 U.S. 103 , U.S.Ala. , May 03, 1943
For Dissenting Opinion, see
16. Jones v. City of Opelika
319 U.S. 105 , U.S.Ala. , May 03, 1943
17. State v. Jobin
58 Ariz. 144 , Ariz. , Oct. 20, 1941
Probable Jurisdiction Noted by
18. Jobin v. State of Arizona
62 S.Ct. 908 , U.S.Ariz. , Mar. 16, 1942
AND Judgment Affirmed by
19. Jones v. City of Opelika
316 U.S. 584 , U.S.Ark. , Jun. 08, 1942
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
16
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Rehearing Granted by
20. Bowden v. City of Fort Smith, Arkansas.
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Rehearing Granted by
21. Jobin v. State of Arizona
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Judgment Vacated by
22. Jones v. City of Opelika
319 U.S. 103 , U.S.Ala. , May 03, 1943
For Dissenting Opinion, see
23. Jones v. City of Opelika
319 U.S. 105 , U.S.Ala. , May 03, 1943
24. City of Struthers v. Rummell
139 Ohio St. 372 , Ohio , Feb. 04, 1942
Appeal Dismissed by
25. Martin v. City of Struthers, Ohio
317 U.S. 589 , U.S.Ohio , Oct. 12, 1942
Judgment Vacated on Rehearing by
26. Martin v. City of Struthers, Ohio
318 U.S. 739 , U.S.Ohio , Feb. 01, 1943
27. City of Struthers v. Rummell
139 Ohio St. 372 , Ohio , Feb. 04, 1942
Judgment Reversed by
28. Martin v. City of Struthers, Ohio
319 U.S. 141 , U.S.Ohio , May 03, 1943
For Dissenting Opinion, see
29. Douglas v. City of Jeannette (Pennsylvania)
319 U.S. 157 , U.S.Pa. , May 03, 1943
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
17
Murdock v. Com. of Pennsylvania, 319 U.S. 105
30. Jones v. City of Opelika
30 Ala.App. 416 , Ala.App. , Mar. 09, 1942
Judgment Affirmed by
31. Jones v. City of Opelika
242 Ala. 549 , Ala. , Apr. 09, 1942
Judgment Affirmed by
32. Jones v. City of Opelika
316 U.S. 584 , U.S.Ark. , Jun. 08, 1942
Rehearing Granted by
33. Bowden v. City of Fort Smith, Arkansas.
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Rehearing Granted by
34. Jobin v. State of Arizona
318 U.S. 797 , U.S.Ark. , Feb. 15, 1943
AND Judgment Vacated by
35. Jones v. City of Opelika
319 U.S. 103 , U.S.Ala. , May 03, 1943
For Dissenting Opinion, see
36. Jones v. City of Opelika
319 U.S. 105 , U.S.Ala. , May 03, 1943
37. Com. v. Murdock
149 Pa.Super. 175 , Pa.Super. , Jul. 23, 1942
Certiorari Granted by
38. Murdock v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
39. Lamborn v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
18
Murdock v. Com. of Pennsylvania, 319 U.S. 105
AND Certiorari Granted by
40. Maltezos v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
41. Mowder v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
42. Perisich v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
43. Seders v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
44. Tzanes v. Com. of Pennsylvania
318 U.S. 749 , U.S.Pa. , Feb. 15, 1943
AND Certiorari Granted by
45. Tzanes v. Com. of Pennsylvania
318 U.S. 748 , U.S.Pa. , Feb. 15, 1943
AND Reversed and Remanded by
46. Murdock v. Com. of Pennsylvania
319 U.S. 105 , U.S.Pa. , May 03, 1943
For Dissenting Opinion, see
47. Douglas v. City of Jeannette (Pennsylvania)
319 U.S. 157 , U.S.Pa. , May 03, 1943
AND For Dissenting Opinion, see
48. Jones v. City of Opelika
319 U.S. 105 , U.S.Ala. , May 03, 1943
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
19
G
62 S.Ct. 903
|
Mar 16, 1942
Bowden v. City of Fort Smith,
Arkansas
U.S.Ark.
Granting Certiorari B
Vacating Order C
C
|
Oct 13, 1941
Bowden v. City of Fort
Smith, Arkansas.
62 S.Ct. 99
U.S.Ark.
Denying Certiorari B
|
Jun 09, 1941
Cole v. City of Fort Smith
B
151 S.W.2d 1000
Ark.
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
Granting
Certiorari
|
Jul 23, 1942
Com. v. Murdock
Granting
Certiorari
M
Ohio
P
|
May 03, 1943
Murdock v. Com. of
Pennsylvania
63 S.Ct. 870
U.S.Pa.
Reversing and Remanding J
R
|
May 03, 1943
Douglas v. City of Jeannette
(Pennsylvania)
63 S.Ct. 882
U.S.Pa.
Dissenting Opinion to O
Dissenting Opinion to P
Concurring Opinion to N
63 S.Ct. 877
|
May 03, 1943
N
May 03, 1943
O
|
Douglas v. City of Jeannette
(Pennsylvania)
63 S.Ct. 862
Martin v. City of Struthers,
Ohio
Noting Probable
Jurisdiction
|
Oct 20, 1941
State v. Jobin
Ariz.
118 P.2d 97
D
U.S.Pa.
Feb 04, 1942
Affirming Judgment K
|
U.S.Ohio
Feb 01, 1943
Oct 12, 1942
Aug 31, 1942
City of Struthers v. Rummell
Reversing Judgment E
|
Martin v. City of Struthers, Ohio
63 S.Ct. 528
E
U.S.Ohio
|
|
May 02, 1941
40 N.E.2d 154
Vacating Judgment on Rehearing L
L
63 S.Ct. 49
Martin v. City of Struthers,
Ohio
U.S.Ohio
Dismissing Appeal E
K
Douglas v. City of Jeannette,
Pa.
130 F.2d 652
C.C.A.3 (Pa.)
Reversing A
|
Douglas v. City of Jeannette
A
39 F.Supp. 32
W.D.Pa.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
Pa.Super.
27 A.2d 666
J
Murdock v. Com. of Pennsylvania, 319 U.S. 105
U.S. Supreme Court
State High Court
Intermediate Court
Trial Court
Denying
Rehearing
Granting
Rehearing
Granting
Rehearing
I
|
Jun 08, 1942
Jones v. City of Opelika
62 S.Ct. 1231
U.S.Ark.
Affirming Judgment B
Affirming Judgment D
Affirming Judgment H
|
Apr 09, 1942
Jones v. City of Opelika
H
7 So.2d 503
Ala.
|
Mar 09, 1942
Jones v. City of Opelika
Affirming Judgment F
F
7 So.2d 503
Ala.App.
Q
Dissenting
Opinion to
|
May 03, 1943
Jones v. City of Opelika
63 S.Ct. 890
U.S.Ala.
Vacating Judgment I
20
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Citing References (500)
Treatment
Disagreement
Recognized by
Title
1. Texas Monthly, Inc. v. Bullock
109 S.Ct. 890, 893+ , U.S.Tex.
Date
Feb. 21, 1989
Type
Case
Depth
Headnote(s)
6
9
10
9
10
9
10
9
10
9
10
6
9
S.Ct.
Publisher of nonreligious periodical brought action
challenging sales tax exemption provided by Texas
statute for religious periodicals. The exemption
was struck down by the...
Holding Limited
by
2. Forsyth County, Ga. v. Nationalist
Movement
112 S.Ct. 2395, 2398+ , U.S.Ga.
Jun. 19, 1992
Case
6
S.Ct.
Organization filed suit challenging constitutionality
of county's assembly and parade ordinance. The
United States District Court for the Northern District
of Georgia, William C....
Holding Limited
by
3. Jimmy Swaggart Ministries v. Board of
Equalization of California
110 S.Ct. 688, 690+ , U.S.Cal.
Jan. 17, 1990
Case
5
S.Ct.
Religious organization brought action seeking
refund of sales and use taxes paid under protest.
The Superior Court, San Diego County, Jack R.
Levitt, J., refused refund, and...
Distinguished
by
4. Stonewall Union v. City of Columbus
931 F.2d 1130, 1133+ , 6th Cir.(Ohio)
May 06, 1991
Case
6
S.Ct.
Organization sponsoring annual gay rights parade
brought action challenging ordinance requiring fees
for parade permit. The United States District Court
for the Southern District...
Distinguished
by
5. Stajkowski v. Carbon County Bd. of
Assessment and Revision of Taxes
515 A.2d 1035, 1036+ , Pa.Cmwlth.
Oct. 06, 1986
Case
6
S.Ct.
Clergyman appealed from order of the Court of
Common Pleas, Carbon County, John P. Lavelle,
President Judge, denying his appeal from decision
of Board of Assessment and Revision of...
Examined by
6. Watchtower Bible and Tract Society of
New York, Inc. v. Village of Stratton
122 S.Ct. 2080, 2081+ , U.S.
Jun. 17, 2002
Case
2
S.Ct.
CIVIL RIGHTS - Free Speech. Ordinance that
required individuals to obtain a permit prior to
engaging in door-to-door advocacy and to display
the permit upon demand violated the...
Examined by
7. 729, Inc. v. Kenton County Fiscal Court
515 F.3d 485, 501+ , 6th Cir.(Ky.)
Feb. 06, 2008
Case
9
10
S.Ct.
CIVIL RIGHTS - Free Speech. County ordinance
barring adult entertainers from commingling with
customers did not violate First Amendment.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
21
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Examined by
Title
Date
8. Northeast Ohio Coalition for the Homeless Feb. 03, 1997
v. City of Cleveland
105 F.3d 1107, 1108+ , 6th Cir.(Ohio)
Type
Depth
Headnote(s)
Case
—
Nonprofit organizations brought declaratory
judgment action against city challenging
constitutionality of city ordinance requiring payment
of $50 license fee for all peddlers...
Examined by
9. Nationalist Movement v. City of Cumming,
Forsyth County, Ga.
934 F.2d 1482, 1484+ , 11th Cir.(Ga.)
Jul. 05, 1991
Case
6
9
10
9
10
9
10
9
10
S.Ct.
A panel of this court held facially unconstitutional
the provision of the Forsyth County ordinance
requiring advance payment of a fee of up to $1,000
per day for a permit required...
Examined by
10. Central Florida Nuclear Freeze Campaign Nov. 04, 1985 Case
v. Walsh
774 F.2d 1515, 1522+ , 11th Cir.(Fla.)
6
S.Ct.
Nonprofit antinuclear organization brought action
challenging constitutionality of city ordinance which
required persons wishing to demonstrate in city
streets and parks to prepay...
Examined by
11. Northeast Ohio Coalition for the
Homeless v. City of Cleveland
885 F.Supp. 1029, 1032+ , N.D.Ohio
May 03, 1995
Case
6
S.Ct.
Nonprofit organizations challenged constitutionality
of city ordinance requiring payment of $50
license fee for all peddlers distributing literature in
exchange for money. The...
Examined by
12. Black Hawk v. Pennsylvania
225 F.Supp.2d 465, 476+ , M.D.Pa.
Sep. 25, 2002 Case
5
S.Ct.
CIVIL RIGHTS - Religion. Pennsylvania did not
have compelling interest in requiring $200 permit
fee for bear ownership.
Examined by
13. Gospel Army v. City of Los Angeles
163 P.2d 704, 711+ , Cal.
Nov. 20, 1945 Case
2
5
S.Ct.
CARTER, SCHAUER, and EDMONDS, JJ.,
dissenting.
Examined by
14. Jimmy Swaggart Ministries v. State Bd.
of Equalization
250 Cal.Rptr. 891, 895+ , Cal.App. 4 Dist.
Aug. 29, 1988 Case
5
9
10
9
10
S.Ct.
Religious organization brought action seeking
refund of sales and use taxes paid under protest.
The Superior Court, San Diego County, Jack R.
Levitt, J., refused refund. ...
Examined by
15. City of Hallandale v. Miami Herald Pub. Co.
637 So.2d 929, 930+ , Fla.App. 4 Dist.
Apr. 06, 1994
Case
6
S.Ct.
License Tax. City ordinance imposing flat annual
license tax on vending machines within city violated
First Amendment as applied to distributors of
papers who used vending...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
22
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Examined by
Title
16. Hope Evangelical Lutheran Church v. Iowa
Dept. of Revenue and Finance
463 N.W.2d 76, 80+ , Iowa
Date
Type
Depth
Nov. 21, 1990 Case
Headnote(s)
6
9
10
5
6
6
10
S.Ct.
Church appealed from an order of the District
Court for Linn County, Thomas M. Horan, J., which
affirmed decision of Department of Revenue and
Finance holding that consumer use tax...
Examined by
17. Seevers v. City of Somerset
175 S.W.2d 18, 19+ , Ky.
Oct. 29, 1943
Case
2
S.Ct.
Appeal from Circuit Court, Pulaski County; J. S.
Sandusky, Judge. Anna Seevers was convicted
of violating an ordinance of the City of Somerset
forbidding the peddling of...
Examined by
18. Kollasch v. Adamany
299 N.W.2d 891, 899+ , Wis.App.
Nov. 24, 1980 Case
5
S.Ct.
Sisters of Benedictine order brought suit for
declaratory judgment, claiming that state's threat to
impose sales tax on them violated their right to free
exercise of their...
Examined by
19. THE HONORABLE H. L. "BILL'
RICHARDSON
63 Ops. Cal. Atty. Gen. 69, 69+
1980
Administrative
Decision
6
9
S.Ct.
THE HONORABLE H. L. ‘BILL’ RICHARDSON,
SENATOR, TWENTY-FIFTH DISTRICT, has
requested an opinion on the following questions: 1.
Would proposed subdivision (g) to Regulation 1506
of...
Examined by
20. Mr. William C. Koch, Jr.
Tenn. Op. Atty. Gen. No. 82-526 +
1982
Administrative
Decision
6
9
S.Ct.
You have requested the opinion of this office with
respect to the following matter: Does the application
of the tax imposed by T.C.A. § 67–2801 et seq. to
certain churches and...
—
21. Constitutional guaranty of freedom
of religion as applied to license taxes or
regulations, 152 A.L.R. 322
1944
ALR
—
5
10
6
9
S.Ct.
(Supplementing annotation in 141 ALR 538 and 146
ALR 109.) All of the cases decided since publication
of the last of the annotations here supplemented,
and falling within their...
—
22. BNA Tax Management State Portfolios No.
1400 s 09, 1400.09. THE FIRST AMENDMENT
BNA Tax Management State Portfolios
—
23. Hartman and Trost, Federal Limitations on
State and Local Tax s 7:3, First amendment:
Sales and use taxation of religious material by
religious organization
Hartman and Trost, Federal Limitations on State
and Local Tax
—
2010
Other
Secondary
Source
—
Other
Secondary
Source
—
—
2
5
10
S.Ct.
In Jimmy Swaggart Ministries v. Board of
Equalization of California, the Court held that the
religion clauses of the First Amendment of the
Constitution of the United States do not...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
23
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
Date
Type
Depth
Headnote(s)
—
—
24. RIA All States Tax Guide 985.16, TEXAS
MONTHLY, INC., Appellant v. BOB BULLOCK,
COMPTROLLER OF PUBLIC ACCOUNTS OF
TEXAS, et al.
RIA All States Tax Guide
1989
Other
Secondary
Source
—
—
25. Treatise on Constitutional Law s 20.28,
Subsequent Development of the Commercial
Speech Doctrine
Treatise on Constitutional Law
2011
Other
Secondary
Source
—
26. THE RELIGIOUS FREEDOM RESTORATION
ACT: EXACTLY WHAT RIGHTS DOES IT
"RESTORE" IN THE FEDERAL TAX CONTEXT?,
36 Ariz. St. L.J. 321, 328+
2004
Law Review
—
—
2
5
S.Ct.
6
9
10
9
10
9
10
S.Ct.
“The power to tax is the one great power upon
which the whole national fabric is based. It is as
necessary to the existence and prosperity of a
nation as the air he breathes to the...
—
27. ARE TAX "BENEFITS" FOR RELIGIOUS
INSTITUTIONS CONSTITUTIONALLY
DEPENDENT ON BENEFITS FOR SECULAR
ENTITIES?, 42 B.C. L. Rev. 805, 807+
2001
Law Review
—
5
S.Ct.
Abstract: The Supreme Court generally conditions
tax exemptions, deductions, and exclusions for
religious organizations and activities upon the
simultaneous extension of such...
—
28. MUNICIPAL RIPOFF: THE
UNCONSTITUTIONALITY OF CABLE
TELEVISION FRANCHISE FEES AND ACCES
SUPPORT PAYMENTS, 35 Cath. U. L. Rev. 671,
704+
1986
Law Review
—
6
S.Ct.
Imagine the outcry if the Federal Communications
Commission (FCC) announced that henceforth all
television and radio licenses would be auctioned off
to the highest bidder for each...
—
29. THE TAX TREATMENT OF BUSINESS
GRASSROOTS LOBBYING: DEFINING AND
ATTAINING THE PUBLIC POLICY OBJECTIVES,
68 Colum. L. Rev. 801, 836+
1968
Law Review
—
9
10
S.Ct.
Lobbying has come a long way from “the spread of
insidious influence through legislative halls.” The
modern lobbyist is often a public relations man
whose activities are directed...
—
30. ZONING, AESTHETICS, AND THE FIRST
AMENDMENT, 64 Colum. L. Rev. 81, 108+
1964
Law Review
—
5
6
9
9
10
S.Ct.
The rapid expansion of zoning legislation during the
last half century has brought with it both the benefits
of orderly community planning and the dilemma of
accommodating this...
—
31. THE FIRST AMENDMENT PREVAILS OVER
CRIME VICTIM COMPENSATION: SIMON &
SCHUSTER, INC. v. MEMBERS OF THE NEW
YORK STATE CRIME VICTIMS BOARD, 26
Creighton L. Rev. 1301, 1334+
1993
Law Review
—
6
S.Ct.
The First Amendment to the United States
Constitution is a valued constitutional provision
because it protects an individual's right to speech
and right to receive speech. The...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
24
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
32. TAX EXEMPTION AND CHURCHES:
A HISTORICAL AND CONSTITUTIONAL
ANALYSIS, 22 Cumb. L. Rev. 521, 594+
Date
1992
Type
Law Review
Depth
—
Headnote(s)
5
9
S.Ct.
One commentator has written that “[i]t is easier to
admire the motives for [a religious tax] exemption
than to justify it by any sound argument.”
Nonetheless, tax exemptions for...
—
33. Constitutional Law, 43 Drake L. Rev. 753,
760+
1995
Law Review
—
10
S.Ct.
In January 1989, the Nationalist Movement planned
to conduct a rally on the courthouse steps in
Forsyth County, Georgia, expressing opposition to
the federal holiday commemorating...
—
34. CHARGING FOR FREE SPEECH: USER
1985
FEES AND INSURANCE IN THE MARKETPLACE
OF IDEAS, 74 Geo. L.J. 257, 285+
Law Review
—
9
10
S.Ct.
I. INTRODUCTION# #258 II. TAXES ON
KNOWLEDGE# #261
A. HISTORY# #261
B. MODERN FORMS# #268 III. INSURANCE
PRINCIPLES AND PRACTICES# #272 IV. USER
FEE THEORY# #278 V. FIRST...
—
35. CONDITIONING ACCESS TO THE PUBLIC
FORUM ON THE PURCHASE OF INSURANCE,
17 Ga. L. Rev. 815, 849+
1983
Law Review
—
6
9
10
S.Ct.
The Forum of classical Rome was in a very real
sense a marketplace of ideas. Judges, politicians,
and merchants alike conducted their business with
the general populace upon...
—
36. DISENTANGLING THE LAW OF PUBLIC
PROTEST, 45 Loy. L. Rev. 411, 526+
1999
Law Review
—
9
10
S.Ct.
I. INTRODUCTION# 413 II. THE PUBLIC FORUM
DOCTRINE# 418 A. Origins and Basic Principles#
418 B. The Supreme Court's Division of Public
Property into Three Discrete Categories:...
—
37. FREEDOM OF RELIGION DOESN'T MEAN
FREEDOM FROM ALL TAXES: A STUDY OF
JIMMY SWAGGART MINISTRIES v. BOARD OF
EQUALIZATION OF CALIFORNIA, 41 Mercer L.
Rev. 1481, 1482+
1990
Law Review
—
2
9
10
5
6
5
6
S.Ct.
In Jimmy Swaggart Ministries v. Board of
Equalization, the United States Supreme Court held
the imposition of California's generally applicable
sales and use tax on appellant...
—
38. ON BALANCE: RELIGIOUS LIBERTY AND
THIRD-PARTY HARMS, 84 Minn. L. Rev. 589,
672+
2000
Law Review
—
2
S.Ct.
Introduction# 590 I. Defining Religion and the
Anxiety of Entanglement# 595 A. Definitional
Exercises# 597 B. Deference as Definition--The
Internal Affairs Cases# 600
1....
—
39. A CENTURY OF FREE EXERCISE
JURISPRUDENCE: DON'T PRACTICE WHAT
YOU PREACH, 9 Regent U. L. Rev. 253, 258+
1997
Law Review
—
2
S.Ct.
Laws are made for the government of actions, and
while they cannot interfere with mere religious belief
and opinions, they may with practices. A religious
believer in the 1990's...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
25
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
—
40. THE 2001 AMENDMENT TO THE NEW
JERSEY PROPERTY TAX EXEMPTION
STATUTE AS IT PERTAINS TO RELIGIOUS
ORGANIZATIONS: A STATUTE THAT GRANTS
AN OVERDUE EXTENSION OF THE COMPLETE
EXEMPTION BUT RAISES ESTABLISHMENT
CLAUSE CONCERNS, 4 Rutgers Journal of Law
& Religion 5+
Rutgers Journal of Law & Religion
Date
2002
Type
Law Review
Depth
—
Headnote(s)
6
9
10
6
9
6
10
9
10
6
9
S.Ct.
[1] In Roman Catholic Archdiocese of Newark v.
City of East Orange, the New Jersey Tax Court
denied a property tax exemption challenge by a
religious organization because the...
—
41. REASONED DECISION-MAKING OR JUST
1990
ANOTHER BUM STEER FOR RELIGION? TEXAS
MONTHLY, INC. v. BULLOCK, 43 Tax Law. 413,
417+
Law Review
—
5
S.Ct.
In Texas Monthly, Inc. v. Bullock, the Supreme
Court reviewed the constitutionality of a state sales
and use tax exemption for periodicals “‘published or
distributed by a religious...
—
42. CONSTITUTIONAL LAW-FIRST
1998
AMENDMENT RIGHT OF FREE SPEECH-PRIOR
RESTRAINT OF SPEECH AND TIME, PLACE,
AND MANNER RESTRICTIONS Northeast Ohio
Coalition for the Homeless v. City of Cleveland,
105 F.3d 1107 (6th Cir.), Cert. D, 65 Tenn. L. Rev.
1049, 1069+
Law Review
—
5
S.Ct.
In September 1994, a group of non-profit
organizations from Cleveland, Ohio collectively filed
suit against the city of Cleveland under 42 U.S.C. §
1983 and the United States and...
—
43. EMPLOYMENT DIVISION v. SMITH:
CREATING ANXIETY BY RELIEVING TENSION,
58 Tenn. L. Rev. 603, 634+
1991
Law Review
—
6
S.Ct.
In Cantwell v. Connecticut the Supreme Court
held the first amendment's free exercise clause
prevented government from “unduly” restricting
religiously motivated behavior even in...
—
44. BREEDING CONSTITUTIONAL DOCTRINE:
THE PROVENANCE AND PROGENY OF THE
"HYBRID SITUATION" IN CURRENT FREE
EXERCISE JURISPRUDENCE, 71 Tex. L. Rev.
833, 844+
1993
Law Review
—
2
S.Ct.
[T]he sectarians are indistinguishable from the rest
of the world: the proof of it is that they have not
suffered persecutions. I. Introduction: The New Free
Exercise...
—
45. A RECONSIDERATION OF COX v. NEW
HAMPSHIRE: CAN DEMONSTRATORS BE
REQUIRED TO PAY THE COSTS OF USING
AMERICA'S PUBLIC FORUMS?, 62 Tex. L. Rev.
403, 408+
1983
Law Review
—
4
10
S.Ct.
Historically, streets and parks have played a central
role in American Political discourse. They have
served as accessible sites from which speakers
who seek to influence public...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
26
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
Date
46. FORSYTH COUNTY, GEORGIA v. THE
1993
NATIONALIST MOVEMENT NO PAY, NO SAY - IS
THIS THE USA?: PERMIT FEES CONTINUE TO
RESTRICT FIRST AMENDMENT RIGHTS, 19 T.
Marshall L. Rev. 117, 128+
Type
Law Review
Depth
—
Headnote(s)
6
9
10
9
10
5
6
6
9
S.Ct.
I. Introduction# 117 II. Case Summary: Forsyth
Ferments# 118 III. History and Background# 120 A.
First Amendment: Democracy's Silverspoon# 120
B. Attacks On Government...
—
47. COMMON GROUND: ROBERT JACKSON,
ANTONIN SCALIA, AND A POWER THEORY OF
THE FIRST AMENDMENT, 75 Tul. L. Rev. 251,
336+
2000
Law Review
—
5
S.Ct.
There are few cases that contrast more starkly than
Justice Robert Jackson's opinion for the Court in
West Virginia State Board of Education v. Barnette
and Justice Antonin...
—
48. A CATALYST FOR THE EVOLUTION
OF CONSTITUTIONAL LAW: JEHOVAH'S
WITNESSES IN THE SUPREME COURT, 55 U.
Cin. L. Rev. 997, 1037+
1987
Law Review
—
6
S.Ct.
If there is any fixed star in our constitutional
constellation, it is that no official, high or petty,
can prescribe what shall be orthodox in politics,
nationalism, religion, or...
—
49. TEXAS MONTHLY, INC. v. BULLOCK: AN
1991
ARGUMENT FOR STRICT INTERPRETATION OF
THE LEMON TEST, 25 U.S.F. L. Rev. 605, 615+
Law Review
—
2
S.Ct.
“CONGRESS SHALL make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof . . . . ” These two seemingly
simple phrases, known separately as the...
—
50. FREE EXERCISE IN THE 1980S: A
ROLLBACK OF PROTECTION, 24 U.S.F. L. Rev.
505, 540+
1990
Law Review
—
5
S.Ct.
The Constitution was not adopted as a means of
enhancing the efficiency with which government
officials conduct their affairs, nor as a blueprint for
ensuring sufficient reliance...
—
51. ZONING AWAY FIRST AMENDMENT
RIGHTS, 53 Wash. U. J. Urb. & Contemp. L. 1,
111+
1998
Law Review
—
9
10
S.Ct.
I. Introduction# 3 II. Zoning Actions and the Prior
Restraint Doctrine# 12 A. The Prior Restraint
Doctrine# 12 B. Zoning as a Prior Restraint and
the Exceptions that Justify...
—
52. REFLECTIONS ON THE MIRROR IMAGE
2008
DOCTRINE: SHOULD THE FEDERAL TRADE
COMMISSION REGULATE FALSE ADVERTISING
FOR BOOKS PROMISING WEALTH, WEIGHT
LOSS, AND MIRACULOUS CURES?, 110 W. Va.
L. Rev. 573, 593+
Law Review
—
2
5
6
S.Ct.
I. Introduction# 573 II. The Mirror Image Doctrine:
The FTC's Attempt to Assuage First Amendment
Concerns# 578 III. The Constitutional Necessity for
the Mirror Image Doctrine# 587...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
27
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
53. HALLER V. DEPARTMENT OF REVENUE:
THE COMMONWEALTH COURT HOLDS
THAT A TAX EXEMPTION ON THE SALE OF
RELIGIOUS PUBLICATIONS VIOLATES THE
ESTABLISHMENT CLAUSE OF THE FIRST
AMENDMENT AND ARTICLE I, SECTION 3 OF
THE PENNSYLVAN, 7 Widener J. Pub. L. 767,
770+
Date
1998
Type
Law Review
Depth
—
Headnote(s)
7
9
10
S.Ct.
In Haller v. Department of Revenue, the
Commonwealth Court of Pennsylvania found that
tax exemptions for the sale of religious publications,
such as Bibles, violated both the...
—
54. 12 Widener L.J. 633, WATCHTOWER BIBLE
& TRACT SOCIETY OF NEW YORK, INC. v.
VILLAGE OF STRATTON: U.S. SUPREME
COURT SLAMS THE DOOR ON SMALL TOWN'S
ORDINANCE REQUIRING SOLICITOR PERMITS
2003
Law Review
—
9
10
S.Ct.
The American people hold their First Amendment
rights in high regard. The longstanding freedom
of speech is as integral to American culture as the
colloquial baseball and apple...
—
55. SECONDARY RIGHT: PROTECTION OF
THE FREE EXERCISE CLAUSE REDUCED BY
OREGON v. SMITH, 27 Willamette L. Rev. 173,
177+
1991
Law Review
—
6
9
10
S.Ct.
Freedom of religion. The idea that an individual has
the right to choose a religious belief, to worship in
a chosen manner, and to live in accordance with
those beliefs is so...
—
56. RELIGION-PLUS SPEECH: THE
CONSTITUTIONALITY OF JUROR OATHS
AND AFFIRMATIONS UNDER THE FIRST
AMENDMENT, 34 Wm. & Mary L. Rev. 287, 323+
1992
Law Review
—
9
10
S.Ct.
It is written that one need only “render . . . unto
Caesar the things that are Caesar's.” Among those
things are jury service and truthful testimony. But in
assembling juries and...
—
57. CABLE TELEVISION FRANCHISE FEES
FOR GENERAL REVENUE: THE 1984 CABLE
ACT, WISCONSIN LAW, AND THE FIRST
AMENDMENT, 1985 Wis. L. Rev. 1273, 1289+
1985
Law Review
—
7
10
S.Ct.
Federal and state statutes grant municipalities the
authority to impose limited annual fees upon cable
television franchisees, and to use the funds for
general revenue purposes....
—
58. FLORIDA SALES AND USE TAX ON
1987
SERVICES, 241 Practising Law Institute Patents,
Copyrights, Trademarks, & Literary Property 59+
Practising Law Institute Patents, Copyrights,
Trademarks, & Literary Property
Other
Secondary
Source
—
9
10
S.Ct.
I. Sample complaints II. Sample briefs filed in The
Florida Supreme Court advisory opinion proceeding
Plaintiff The Miami Herald Publishing Company
(‘The Miami Herald’) seeks...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
28
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Disapproval
Recognized by
Title
59. Frazier v. Boomsma
2008 WL 3982985, *3+ , D.Ariz.
Date
Type
Depth
Headnote(s)
Aug. 20, 2008 Case
—
Sep. 08, 2010 Case
—
Plaintiff Dan Frazier (“Frazier”) brought this action
for injunction against prosecution and a declaration
that A.R.S. § 13-3726 is unconstitutional on its face
and as applied to...
Distinguished
by
60. International Women's Day March Planning
Committee v. City of San Antonio
619 F.3d 346, 370+ , 5th Cir.(Tex.)
CIVIL RIGHTS - Free Speech. Ordinance imposing
fees on march organizers provided ample
alternatives for unburdened expression.
Distinguished
by
61. Coalition for the Abolition of Marijuana
Prohibition v. City of Atlanta
219 F.3d 1301, 1320+ , 11th Cir.(Ga.)
Jul. 27, 2000
Case
9
10
S.Ct.
CIVIL RIGHTS - Free Speech. City festival permit
ordinance was constitutional.
Distinguished
by
62. American Target Advertising, Inc. v.
Giani
199 F.3d 1241, 1248+ , 10th Cir.(Utah)
Jan. 13, 2000
Case
6
9
10
6
9
5
6
S.Ct.
CIVIL RIGHTS - Free Speech. Utah Charitable
Solicitations Act valid in part.
Distinguished
by
63. Gasparo v. City of New York
16 F.Supp.2d 198, 206+ , E.D.N.Y.
May 28, 1998
Case
10
S.Ct.
Operators of newsstands sought preliminary
injunction barring implementation of New York city
ordinance establishing new concession scheme for
newsstands located in city. The...
Distinguished
by
64. Mitchell v. Pilgrim Holiness Church Corp.
210 F.2d 879, 883+ , 7th Cir.(Ind.)
Feb. 23, 1954
Case
6
S.Ct.
Action by Secretary of Labor for injunction
restraining religious corporation from acts allegedly
in violation of Fair Labor Standards Act. The United
States District Court for...
Distinguished
by
65. Town of McCormick v. Follett
29 S.E.2d 539, 541+ , S.C.
Aug. 26, 1943 Case
5
S.Ct.
Appeal from General Sessions Court, of McCormick
County; E. C. Dennis, Judge. Lester Follett was
convicted in the Mayor's Court of the Town of
McCormick of violating a municipal...
Limitation
of Holding
Recognized by
66. Haller v. Com.
693 A.2d 266, 272+ , Pa.Cmwlth.
Discussed by
67. International Society for Krishna
Consciousness, Inc. v. Lee
112 S.Ct. 2711, 2720+ , U.S.N.Y.
May 01, 1997
Case
5
S.Ct.
TAXES - Sales and Use. Exemption for certain
religious articles and publications violated
Establishment Clause and Pennsylvania
Constitution.
Jun. 26, 1992
Case
2
S.Ct.
For majority opinions of the Court, see 505 U.S.
672, 112 S.Ct. 2701; 505 U.S. 830, 112 S.Ct. 2709.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
29
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
68. Employment Div., Dept. of Human
Resources of Oregon v. Smith
110 S.Ct. 1595, 1601+ , U.S.Or.
Date
Apr. 17, 1990
Type
Case
Depth
Headnote(s)
9
S.Ct.
Claimants sought review of determination that
their religious use of peyote, which resulted in their
dismissal from employment, was “misconduct”
disqualifying them from receipt of...
Discussed by
69. Walz v. Tax Commission of City of New
York
90 S.Ct. 1409, 1430+ , U.S.N.Y.
May 04, 1970
Case
6
9
10
S.Ct.
Realty owner sought injunction to prevent New York
City Tax Commission from granting property tax
exemptions to religious organizations for properties
used solely for religious...
Discussed by
70. Speiser v. Randall
78 S.Ct. 1332, 1345+ , U.S.Cal.
Jun. 30, 1958
Case
Feb. 10, 1947
Case
—
Actions to recover taxes paid to California tax
authorities under protest and for declaratory
relief. From a judgment of the Supreme Court of
California, 48 Cal.2d 472, 311 P.2d...
Discussed by
71. Everson v. Board of Ed. of Ewing Tp.
67 S.Ct. 504, 508+ , U.S.N.J.
4
S.Ct.
Certiorari proceedings by Arch R. Everson to set
aside a resolution of the Board of Education of the
Township of Ewing, in the County of Mercer, state
of New Jersey, providing for...
Discussed by
72. Marsh v. State of Ala.
66 S.Ct. 276, 278+ , U.S.Ala.
Jan. 07, 1946
Case
Mar. 27, 1944
Case
—
Grace Marsh, a member of Jehovah's Witnesses,
was convicted of violating Code Ala.1940, Tit. 14,
s 426, making it a crime to enter or remain on the
premises of another after being...
Discussed by
73. Follett v. Town of McCormick, S.C.
64 S.Ct. 717, 718+ , U.S.S.C.
5
9
10
S.Ct.
Lester Follett was convicted of violating an
ordinance of the Town of McCormick, S.C., the
conviction was affirmed by the Circuit Court of
General Sessions, McCormick County, and...
Discussed by
74. Prince v. Massachusetts
64 S.Ct. 438, 440+ , U.S.Mass.
Jan. 31, 1944
Case
2
5
S.Ct.
Sarah Prince was convicted of furnishing an infant
with magazines knowing she would sell them
unlawfully on the street and of permitting such infant
to work contrary to law, 313...
Discussed by
75. Douglas v. City of Jeannette
(Pennsylvania)
63 S.Ct. 877, 879+ , U.S.Pa.
May 03, 1943
Case
—
On Writ of Certiorari to the United States Circuit
Court of Appeals for the Third Circuit. Suit by Robert
L. Douglas and others against the City of Jeannette,
a Pennsylvania...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
30
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
76. Sullivan v. City of Augusta
511 F.3d 16, 38+ , 1st Cir.(Me.)
Date
Type
Dec. 14, 2007 Case
Depth
Headnote(s)
10
S.Ct.
CIVIL RIGHTS - Free Speech. Requiring parade
permit applicants to pay costs of traffic control and
clean-up did not violate protesters' speech rights.
Discussed by
77. Bronx Household of Faith v. Board of Educ.
of City of New York
492 F.3d 89, 125+ , 2nd Cir.(N.Y.)
Jul. 02, 2007
Case
5
S.Ct.
EDUCATION - Religion. Permanent injunction
barring school district from prohibiting church
worship services in school facilities was vacated.
Discussed by
78. International Soc. For Krishna
Consciousness, Inc. v. Barber
650 F.2d 430, 438+ , 2nd Cir.(N.Y.)
Jun. 03, 1981
Case
4
5
6
S.Ct.
Action was brought attacking an antisolicitation
regulation of the New York State Fair. The United
States District Court for the Northern District of New
York, Howard G. Munson,...
Discussed by
79. Bethel Baptist Church v. U.S.
822 F.2d 1334, 1339+ , 3rd Cir.(Pa.)
Jun. 30, 1987
Case
9
S.Ct.
Challenge was made to constitutionality of statutory
amendments compelling participation in social
security system by churches and other nonprofit
religious organizations. The...
Discussed by
80. Child Evangelism Fellowship of
Maryland, Inc. v. Montgomery County Public
Schools
373 F.3d 589, 605+ , 4th Cir.(Md.)
Jun. 30, 2004
Case
4
6
S.Ct.
EDUCATION - Injunction. Religious organization's
access to school's take-home flyer forum would not
likely violate establishment clause.
Discussed by
81. International Soc. for Krishna
Consciousness of Houston, Inc. v. City of
Houston, Tex.
689 F.2d 541, 545+ , 5th Cir.(Tex.)
Oct. 18, 1982
Case
2
9
10
S.Ct.
Action was brought challenging ordinance
governing tax assessor collector's issuance to
charitable organizations of solicitation certificates.
The United States District Court for...
Discussed by
82. Fernandes v. Limmer
663 F.2d 619, 632+ , 5th Cir.(Tex.)
Dec. 11, 1981 Case
9
10
S.Ct.
Devotee of the Krishna religion brought suit to
enjoin enforcement of an ordinance governing
literature distribution and fund solicitation in the
Dallas-Fort Worth airport complex....
Discussed by
83. Parks v. City of Columbus
395 F.3d 643, 647+ , 6th Cir.(Ohio)
Jan. 25, 2005
Case
2
9
10
S.Ct.
CIVIL RIGHTS - Free Speech. City's actions as
related to demonstrator's exclusion from public art
festival violated right to freedom of speech.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
31
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
84. Dayton Area Visually Impaired Persons,
Inc. v. Fisher
70 F.3d 1474, 1486+ , 6th Cir.(Ohio)
Date
Type
Depth
Headnote(s)
Nov. 16, 1995 Case
—
Nonprofit organizations and professional
contribution solicitors brought action challenging
Ohio Charitable Solicitation Act as violation of free
speech rights, equal protection...
Discussed by
85. Schultz v. Frisby
807 F.2d 1339, 1351+ , 7th Cir.(Wis.)
Dec. 08, 1986 Case
6
9
10
S.Ct.
Abortion opponents seeking to picket on streets
in residential neighborhood in front of home of
physician who performed abortions brought suit to
enjoin enforcement of ordinance...
Discussed by
86. Long Beach Area Peace Network v. City
of Long Beach
574 F.3d 1011, 1024+ , 9th Cir.(Cal.)
Jul. 24, 2009
Case
10
S.Ct.
CIVIL RIGHTS - Free Speech. “Special events”
ordinance's indemnification provision was
insufficiently narrowly tailored, violated First
Amendment.
Discussed by
87. Long Beach Area Peace Network v. City
of Long Beach
522 F.3d 1010, 1023+ , 9th Cir.(Cal.)
Apr. 15, 2008
Case
10
S.Ct.
CIVIL RIGHTS - Free Speech. “Special events”
ordinance's indemnification provision was
insufficiently narrowly tailored, violated First
Amendment.
Discussed by
88. Kaplan v. County of Los Angeles
894 F.2d 1076, 1081+ , 9th Cir.(Cal.)
Jan. 23, 1990
Case
Feb. 17, 2004
Case
—
Candidate brought suit against county challenging
California statute requiring that political candidates
pay pro rata share of costs associated with
publishing election statements...
Discussed by
89. Mainstream Marketing Services, Inc. v.
F.T.C.
358 F.3d 1228, 1247+ , 10th Cir.(Colo.)
10
S.Ct.
CIVIL RIGHTS - Free Speech. Do-not-call registry
did not violate First Amendment.
Discussed by
90. Fly Fish, Inc. v. City of Cocoa Beach
337 F.3d 1301, 1314+ , 11th Cir.(Fla.)
Jul. 18, 2003
Case
9
S.Ct.
REAL PROPERTY - Zoning and Planning. City
zoning ordinance violated adult entertainment
establishment's First Amendment rights.
Discussed by
91. Atlanta Journal and Constitution v. City
of Atlanta Dept. of Aviation
322 F.3d 1298, 1308+ , 11th Cir.(Ga.)
Feb. 28, 2003
Case
8
10
S.Ct.
TRANSPORTATION - Aviation. City could assess
reasonable fee to newspaper publishers for use of
airport distribution facilities.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
32
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
92. Jefferson County v. Acker
61 F.3d 848, 855+ , 11th Cir.(Ala.)
Date
Type
Aug. 21, 1995 Case
Depth
Headnote(s)
9
10
S.Ct.
County brought action against federal judges to
recover delinquent occupation taxes. Judges
removed case to federal court. The United States
District Court for the Northern...
Discussed by
93. Sentinel Communications Co. v. Watts
936 F.2d 1189, 1205+ , 11th Cir.(Fla.)
Jul. 26, 1991
Case
9
10
S.Ct.
Newspaper publisher appealed order of the United
States District Court for the Middle District of
Florida, No. 89-434-CIV-ORL-18,G. Kendall Sharp,
J., denying its claims for...
Discussed by
94. Nationalist Movement v. City of
Cumming, Forsyth County, Ga.
913 F.2d 885, 891+ , 11th Cir.(Ga.)
Oct. 02, 1990
Case
10
S.Ct.
Nonprofit corporation that was dissatisfied with
terms of permits for parade brought action against
city, county and board of education claiming that
terms violated First...
Discussed by
95. Women Strike for Peace v. Morton
472 F.2d 1273, 1283+ , D.C.Cir.
Jul. 14, 1972
Case
9
S.Ct.
Antiwar organization brought action against
the Secretary of the Interior for declaratory and
injunctive relief to permit construction of antiwar
display in national park. The...
Discussed by
96. Busey v. District of Columbia
138 F.2d 592, 593+ , App.D.C.
Nov. 08, 1943 Case
9
10
S.Ct.
Appeal from the Police Court of the District of
Columbia (now the Municipal Court for the District of
Columbia). David Busey and Orville J. Richie were
convicted of selling...
Discussed by
97. National Federation of Republican
Assemblies v. U.S.
218 F.Supp.2d 1300, 1314+ , S.D.Ala.
Aug. 27, 2002 Case
—
TAXATION - Additions to Tax. Provision denying
tax-exempt treatment to political organizations was
unconstitutional, in part.
Discussed by
98. U.S. v. State of Ala.
252 F.Supp. 95, 108+ , M.D.Ala.
Mar. 03, 1966
Case
7
9
S.Ct.
Suit for judgment declaring Alabama poll tax
unconstitutional and enjoining enforcement of two
sections of the Alabama Constitution and statutes
implementing those sections and...
Discussed by
99. Century Federal, Inc. v. City of Palo Alto
710 F.Supp. 1559, 1561+ , N.D.Cal.
Oct. 12, 1988
Case
9
10
S.Ct.
Cable television operator brought action to
challenge constitutionality of cities' franchise fee for
use of public rights-of-way. Operator moved for
partial summary judgment. ...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
33
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
100. Moffett v. Killian
360 F.Supp. 228, 231+ , D.Conn.
Date
Jun. 21, 1973
Type
Case
Depth
Headnote(s)
10
S.Ct.
Action for declaratory and injunctive relief against
enforcement of allegedly unconstitutional portion of
Connecticut lobbying statute pertaining to payment
of a fee. The...
Discussed by
101. One World One Family Now v. City of
Key West
852 F.Supp. 1005, 1007+ , S.D.Fla.
May 03, 1994
Case
5
S.Ct.
Nonprofit organization and its representative
brought action challenging city's denial of
permission for sale of message-bearing t-shirts from
portable tables on public sidewalks....
Discussed by
102. Bayside Enterprises, Inc. v. Carson
450 F.Supp. 696, 704+ , M.D.Fla.
May 18, 1978
Case
8
S.Ct.
Operators of adult entertainment establishments
sought declaratory and injunctive relief alleging the
unconstitutionality of city ordinance that sought to
regulate adult...
Discussed by
103. International Society for Krishna
Consciousness, Inc. v. Conlisk
374 F.Supp. 1010, 1015+ , N.D.Ill.
Dec. 28, 1973 Case
6
9
10
5
6
5
6
S.Ct.
An action for injunctive and declaratory relief with
regard to municipal ordinances was brought by
members of a religious organization. The District
Court, Will, J., held that...
Discussed by
104. Big Hat Books v. Prosecutors
565 F.Supp.2d 981, 994+ , S.D.Ind.
Jul. 01, 2008
Case
10
S.Ct.
CIVIL RIGHTS - Free Speech. Statute requiring
registration for sellers of sexually explicit material
was not narrowly tailored to its goal.
Discussed by
105. International Soc. for Krishna
Consciousness, Inc. v. Bowen
456 F.Supp. 437, 441+ , S.D.Ind.
Sep. 05, 1978 Case
2
S.Ct.
Civil rights suit was brought for declaratory and
injunctive relief concerning constitutionality of
Indiana State Fair regulation restricting plaintiffs'
proposed First Amendment...
Discussed by
106. International Soc. for Krishna
Consciousness, Inc. v. City of New Orleans
347 F.Supp. 945, 947+ , E.D.La.
Jul. 20, 1972
Case
4
S.Ct.
Action by members of religious group for judgment
declaring city ordinance unconstitutional. The
District Court, Cassibry, J., held that ordinance
prohibiting solicitation in one...
Discussed by
107. Curry v. Prince George's County, Md.
33 F.Supp.2d 447, 455+ , D.Md.
Jan. 26, 1999
Case
10
S.Ct.
Former candidate for county executive and two
private homeowners sued county, challenging the
constitutionality of an ordinance imposing durational
limitations on the posting of...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
34
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
108. Sullivan v. City of Augusta
406 F.Supp.2d 92, 122+ , D.Me.
Date
Type
Dec. 22, 2005 Case
Depth
Headnote(s)
5
S.Ct.
CIVIL RIGHTS - Free Speech. Selective imposition
of “mass gathering” costs was First Amendment
violation.
Discussed by
109. Wendling v. City of Duluth
495 F.Supp. 1380, 1384+ , D.Minn.
Sep. 03, 1980 Case
10
S.Ct.
Operators of adult bookstores brought action
attacking constitutionality of ordinances relating to
licensing of adult bookstores as well as applicable
provisions of general...
Discussed by
110. Carolina Action v. Pickard
465 F.Supp. 576, 580+ , W.D.N.C.
Feb. 12, 1979
Case
10
S.Ct.
Community action organization sued to restrain
enforcement of a city ordinance preventing it from
engaging in house-to-house fund-raising and
organizing activity in the city. The...
Discussed by
111. Turley v. New York City Police
Department
1996 WL 93726, *7+ , S.D.N.Y.
Mar. 05, 1996
Case
9
10
S.Ct.
Plaintiff brings this action under the First and
Fourteenth Amendments to the United States
Constitution, Article 1 §§ 8 (free speech) and 11
(equal protection) of the New York...
Discussed by
112. National Awareness Foundation v. Abrams Feb. 09, 1993
Case
10
S.Ct.
812 F.Supp. 431, 433+ , S.D.N.Y.
Professional fund-raisers sued state, claiming
that registration requirement and $80 fee violated
the constitutional rights. Both parties moved for
summary judgment. The...
Discussed by
113. International Soc. for Krishna
Consciousness, Inc. v. Barber
506 F.Supp. 147, 157+ , N.D.N.Y.
Aug. 25, 1980 Case
10
S.Ct.
Action was brought attacking regulation of the New
York State Fair. The District Court, Munson, Chief
Judge, held that regulation requiring that solicitation
of money for religious...
Discussed by
114. Pent-R-Books, Inc. v. U.S. Postal
Service
328 F.Supp. 297, 309+ , E.D.N.Y.
Jun. 10, 1971
Case
6
10
S.Ct.
Action for injunction against enforcement of the
Goldwater amendment which prohibits mailing of
sexually oriented advertisements to persons who
have notified the postal service...
Discussed by
115. Zwickler v. Koota
261 F.Supp. 985, 989+ , E.D.N.Y.
Sep. 19, 1966 Case
6
9
S.Ct.
Action to restrain state attorney from prosecuting
plaintiff under state statute claimed by plaintiff to be
violative of First Amendment of Federal Constitution
as applicable to...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
35
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
116. International Soc. for Krishna
Consciousness, Inc. v. Evans
440 F.Supp. 414, 420+ , S.D.Ohio
Date
Type
Aug. 25, 1977 Case
Depth
Headnote(s)
2
5
10
S.Ct.
Religious societies brought civil rights action
seeking declaratory and affirmative relief to enable
them to proselytize their religious belief at the Ohio
state fair. The...
Discussed by
117. Bethel Baptist Church v. U.S.
629 F.Supp. 1073, 1082+ , M.D.Pa.
Mar. 06, 1986
Case
6
10
S.Ct.
Church, its pastor, employees and certain church
members challenged constitutionality of social
security amendments which imposed for first time
mandatory participation in social...
Discussed by
118. International Soc. for Krishna
Consciousness of Western Pa., Inc. v. Griffin
437 F.Supp. 666, 669+ , W.D.Pa.
Sep. 23, 1977 Case
2
6
10
4
5
S.Ct.
Nonprofit religious organization and several
members moved for order adjudging defendants in
contempt of prior order recognizing plaintiffs' right to
distribute literature and...
Discussed by
119. Meek v. Pittinger
374 F.Supp. 639, 647+ , E.D.Pa.
Feb. 11, 1974
Case
4
S.Ct.
Action was brought challenging on First Amendment
grounds the constitutionality of Pennsylvania
statutes providing for state expenditures in
connection with the education of...
Discussed by
120. Association of Community Organizations
for Reform Now v. Town of East Greenwich
453 F.Supp.2d 394, 411+ , D.R.I.
Sep. 27, 2006 Case
10
S.Ct.
CIVIL RIGHTS - Free Speech. Permit requirement
for door-to-door solicitations did not violate First
Amendment.
Discussed by
121. McCoy v. U.S., Dept. of Treasury
2001 WL 1478793, *3+ , N.D.Tex.
Nov. 16, 2001 Case
8
S.Ct.
Before the Court is Defendants' Motion for
Summary Judgment, filed on July 30, 2001, and
Plaintiff's Motion for Summary Judgment, filed on
October 29, 2001. For the reasons stated...
Discussed by
122. Word of Faith World Outreach Center
Church, Inc. v. Morales
787 F.Supp. 689, 697+ , W.D.Tex.
Mar. 18, 1992
Case
2
S.Ct.
Texas Attorney General filed quo warranto petition
in state court seeking injunction compelling church
to produce records, and seeking forfeiture of
church's charter, dissolution...
Discussed by
123. Fernandes v. Limmer
465 F.Supp. 493, 497+ , N.D.Tex.
Jan. 30, 1979
Case
6
10
S.Ct.
Nonprofit religious society sued to enjoin the
enforcement of city ordinances regulating the
solicitation of charitable contributions at the DallasFort Worth Regional Airport. The...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
36
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
124. Milwaukee Mobilization for Survival v.
Milwaukee County Park Commission
477 F.Supp. 1210, 1218+ , E.D.Wis.
Date
Oct. 03, 1979
Type
Case
Depth
Headnote(s)
8
10
S.Ct.
Action was instituted for declaratory, injunctive and
monetary relief against enforcement of allegedly
unconstitutional provisions of county ordinances
regulating use of public...
Discussed by
125. State v. Toolen
167 So.2d 546, 549+ , Ala.
Sep. 10, 1964 Case
2
5
6
9
10
S.Ct.
The State Department of Revenue made a use
tax assessment against religious organization.
The Circuit Court, Mobile County, Joseph M.
Hocklander, J., entered a decree setting...
Discussed by
126. Spiritual Psychic Science Church v.
City of Azusa
217 Cal.Rptr. 225, 228+ , Cal.
Aug. 15, 1985 Case
6
S.Ct.
Church and its minister brought action seeking
to enjoin enforcement of city ordinance which
prohibited fortune-telling or analogous activities for
consideration. The Superior...
Discussed by
127. Watchtower Bible & Tract Soc. v. Los
Angeles County
182 P.2d 178, 181+ , Cal.
Jul. 01, 1947
Case
9
10
S.Ct.
Action by Watchtower Bible & Tract Society, Inc.,
against County of Los Angeles, California, and
others to recover taxes paid under protest. From a
judgment of dismissal,...
Discussed by
128. Institute In Basic Youth Conflicts, Inc. v. Apr. 16, 1985
State Bd. of Equalization
213 Cal.Rptr. 98, 101+ , Cal.App. 2 Dist.
Case
9
S.Ct.
State Board of Equalization appealed from
judgment of the Superior Court, Los Angeles
County, Carlos E. Velarde, J., which refunded sales
and use taxes paid by nonprofit religious...
Discussed by
129. City of Corona v. Corona Daily
Independent
252 P.2d 56, 57+ , Cal.App. 4 Dist.
Jan. 15, 1953
Case
10
S.Ct.
Action by municipality against newspaper publisher,
to collect a business license tax. The Superior
Court, Riverside County, R. Bruce Findlay, J.,
assigned, entered judgment for...
Discussed by
130. State ex rel. Singleton v. Woodruff
13 So.2d 704, 706+ , Fla.
Jun. 01, 1943
Case
2
5
S.Ct.
Original habeas corpus by the State, upon the
relation of E. Freel Singleton, petitioner, against C.
J. Woodruff, Chief of Police of the City of Tampa,
Hillsborough County, to test...
Discussed by
131. Jones v. City of Moultrie
27 S.E.2d 39, 44+ , Ga.
Sep. 11, 1943 Case
6
S.Ct.
Error from Superior Court, Colquitt County; W. E.
Thomas, Judge. Action by J. T. Jones and others
against the City of Moultrie and others to enjoin the
enforcement of an ordinance...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
37
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
132. Ferguson v. City of Moultrie
29 S.E.2d 786, 790+ , Ga.App.
Date
Apr. 08, 1944
Type
Case
Depth
Headnote(s)
6
S.Ct.
Error from Superior Court, Colquitt County; W. E.
Thomas, Judge. Jimmie Ferguson was convicted
in the recorder's court of the City of Moultrie of
violating a certain city...
Discussed by
133. Petition of Hope Evangelical Lutheran
Church
1989 WL 428599, *2+ , Iowa Dist.
Aug. 03, 1989 Case
6
10
S.Ct.
This matter is before the court on the September
21, 1988 petition for judicial review filed by Hope
Evangelical Lutheran Church (“petitioner”). Oral
arguments were heard before...
Discussed by
134. State ex rel. O'Sullivan v. Heart Ministries,
Inc.
607 P.2d 1102, 1110+ , Kan.
Mar. 01, 1980
Case
9
10
S.Ct.
Injunctive relief was sought by the State to the
county attorney to prohibit the defendants from
operating a children's home without first obtaining a
state license for their...
Discussed by
135. Gayety Books, Inc. v. City of Baltimore
369 A.2d 581, 589+ , Md.
Jan. 24, 1977
Case
6
S.Ct.
City brought action against operators of coinoperated movie machines to recover license fee
required for coin-operated amusement devices. The
Superior Court, Baltimore City, J....
Discussed by
136. City of Great Falls v. M.K. Enterprises, Inc.
732 P.2d 413, 414+ , Mont.
Feb. 05, 1987
Case
6
10
S.Ct.
Adult bookstores challenged constitutionality of
city ordinance establishing $300 per booth annual
license fee on video booths used to view adult
movies. The Eighth Judicial...
Discussed by
137. Heritage Village Church and Missionary
Fellowship, Inc. v. State
263 S.E.2d 726, 730+ , N.C.
Mar. 05, 1980
Case
2
5
S.Ct.
Nonprofit religious organization and church filed
complaint seeking determination of validity of the
Solicitation of Charitable Funds Act and seeking to
enjoin State from enforcing...
Discussed by
138. Heritage Village Church and Missionary
Fellowship, Inc. v. State
253 S.E.2d 473, 478+ , N.C.App.
Apr. 03, 1979
Case
4
6
9
S.Ct.
Nonprofit religious organization and church filed
complaints seeking determination of the validity of
the Solicitation of Charitable Funds Act and seeking
to enjoin State from...
Discussed by
139. City of Minot v. Central Ave. News, Inc.
Jul. 17, 1981
Case
9
10
S.Ct.
308 N.W.2d 851, 859+ , N.D.
Operator of adult entertainment center appealed
from judgment of the District Court, Ward County,
Wallace D. Berning, J., upholding constitutionality of
ordinances imposing $300...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
38
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
140. City of Absecon v. Vettese
100 A.2d 750, 752+ , N.J.
Date
Type
Nov. 23, 1953 Case
Depth
Headnote(s)
9
S.Ct.
Weekly newspaper publisher was convicted of
carrying on business of publisher without license
in violation of municipal ordinance. The Municipal
Court of Absecon entered judgment,...
Discussed by
141. Bethany Baptist Church v. Deptford Tp.
542 A.2d 505, 509+ , N.J.Super.A.D.
Jun. 07, 1988
Case
7
S.Ct.
Church sought to avoid levy of taxes on property
which was acquired after yearly assessment date.
The Superior Court, Tax Court, Gloucester County,
denied exemption, and church...
Discussed by
142. Titan Sports, Inc. v. State Athletic Control
Bd.
11 N.J.Tax 259, 269+ , N.J.Tax
Aug. 17, 1990 Case
9
10
S.Ct.
Promoter of professional wrestling exhibitions
brought action alleging that Athletic Control Board's
imposition of tax on income received from lease or
sale of boxing and wrestling...
Discussed by
143. Steinbeck v. Gerosa
175 N.Y.S.2d 1, 8+ , N.Y.
May 01, 1958
Case
9
10
S.Ct.
Proceeding to review a final determination of
the Comptroller of the City of New York that the
taxpayer, and author was liable for payment of the
New York City General Business and...
Discussed by
144. Fidanque v. State By and Through
Oregon Government Standards and Practices
Com'n
920 P.2d 154, 160+ , Or.App.
Jun. 19, 1996
Case
10
S.Ct.
GOVERNMENT - Lobbyists. State statute which
required compensated lobbyists to pay registration
fee was constitutional.
Discussed by
145. Stajkowski v. Carbon County Bd. of
Assessment and Revision of Taxes
541 A.2d 1384, 1386+ , Pa.
May 20, 1988
Case
9
10
S.Ct.
Roman Catholic priest appealed from order of the
Court of Common Pleas, Carbon County, No. 83
S 91, denying appeal of assessment of county
occupation tax. The Commonwealth Court,...
Discussed by
146. Baylor v. Centre County Bd. of
Assessment and Revision of Taxes
623 A.2d 882, 884+ , Pa.Cmwlth.
Mar. 18, 1993
Case
9
10
S.Ct.
Occupational Tax. Occupational tax levied on
ordained minister working as administrator of
private religious school violated free exercise
clause.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
39
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Discussed by
Title
147. All Purpose Vending, Inc., and Kelly
Brooks d/b/a Elgee Novelty Store, and Brighton
Enterprises, Inc., and Charley's Dream, Inc.,
and Daniel Liss, d/b/a Danny's New Adam &
Eve, and 1632 Market Street Corp., and Wood
Enterprises, Inc. v. The City of Philadelphia,
and the Police Commissioner, and Mayor and
Council of the City of Philadelphia
1987 WL 582757, *582757+ , Pa.Com.Pl.
Date
Type
Dec. 03, 1987 Case
Depth
Headnote(s)
9
10
S.Ct.
In these cross-Motions for Summary Judgment,
Plaintiffs All Purpose Vending, Inc., et al. seek
declaratory and injunctive relief against Defendant
City of Philadelphia, the Police...
Discussed by
148. Smith v. Lemme
1951 WL 3556, *5+ , Pa.Com.Pl.
1951
Case
Oct. 28, 1996
Case
—
Appeal from summary conviction. Petitioner, along
with three associates, was arrested for soliciting
subscriptions for magazines within the confines of
the City of Meadville...
Discussed by
149. State v. Smoky Mountain Secrets, Inc.
937 S.W.2d 905, 915+ , Tenn.
10
S.Ct.
CIVIL RIGHTS - Free Speech. Statute exempting
charitable organizations' employees and volunteers
from regulations imposed on professional solicitors
did not violate First...
Discussed by
150. Covenant Community Church v. Lowe
698 S.W.2d 339, 341+ , Tenn.
Oct. 28, 1985
Case
6
10
S.Ct.
Church filed suit seeking a refund and declaration
of the invalidity of a privilege tax imposed on it for
occupancy of hotel and motel rooms which it rented
solely for religious...
Discussed by
151. State v. Barlow
153 P.2d 647, 652+ , Utah
Dec. 01, 1944 Case
10
S.Ct.
Appeal from District Court, Third District, Salt Lake
County; Ray Van Cott, Jr., Judge. Albert Edmund
Barlow, Morris Quincy Kunz, David Brigham Darger,
Ianthus Winford Barlow, Dr....
Discussed by
152. Hall v. Com.
49 S.E.2d 369, 371+ , Va.
Sep. 08, 1948 Case
10
S.Ct.
Error to Hustings Court of City of Richmond; Jn. L.
Ingram, Judge. Dan Leroy Hall was convicted of
trespass, and he brings error. Affirmed.
Discussed by
153. First Covenant Church of Seattle, Wash. Mar. 22, 1990
v. City of Seattle
787 P.2d 1352, 1356+ , Wash.
Case
5
S.Ct.
Church brought a challenge to the constitutionality
of city's landmarks preservation ordinance as
applied to churches, and to city's ordinance
designating church as a landmark and...
Discussed by
154. Adams v. Hinkle
322 P.2d 844, 848+ , Wash.
Feb. 27, 1958
Case
5
9
S.Ct.
Declaratory judgment action. From a judgment of
the Superior Court, Thurston County, Raymond
Clifford, J., enjoining the defendant from enforcing
the Comic Book Act the defendant...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
40
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
Date
Type
Discussed by
155. To: Betty H. Baggett
1977 Fla. Op. Atty. Gen. 51, 51+
1977
Administrative
Decision
Discussed by
156. Honorable Bob Emerson
1985-1986 Mich. Op. Atty Gen. 274 +
1986
Administrative
Decision
Depth
Headnote(s)
5
6
S.Ct.
2
6
9
S.Ct.
Freedom of religion Freedom of speech Regulation
of solicitation by religious organizations A
municipality may not require a $25.00 filing fee
before a religious organization or...
Discussed by
157. Honorable William Fitzgerald
1977-1978 Mich. Op. Atty Gen. 629 +
1978
Administrative
Decision
9
10
S.Ct.
Freedom of Speech Art 1 § 5 (Freedom of Speech)
Ordinance restricting canvassing Statute or
ordinance restricting Neither the state nor its
municipal corporations may prohibit...
Discussed by
158. The Honorable Mike Turner
Tenn. Op. Atty. Gen. No. 08-78, 08-78+
2008
Administrative
Decision
1983
Administrative
Decision
—
Is proposed legislation, House Bill 2676, which
would impose a state privilege tax only on adultoriented establishments for each entry by a
customer, defensible in court? The...
Discussed by
159. Geoffrey P. Emery
Tenn. Op. Atty. Gen. No. 83-346 +
6
9
10
9
10
S.Ct.
You have requested the opinion of this office on
the following topics. 1) Does the Knox County tax
on occupancy of hotels and motels as provided in
Chapter 847 of the Public Acts...
Discussed by
160. Honorable Ciro D. Rodriguez
Tex. Atty. Gen. Op. LO-94-47, LO-94-47+
1994
Administrative
Decision
6
S.Ct.
Re: Whether under Allgeyer v. Louisiana, 165 U.S.
578 (1897), and Murdock v. Pennsylvania, 319 U.S.
105 (1943), it is constitutional for the State of Texas
to impose a...
Discussed by
161. Honorable Bob Bullock
Tex. Atty. Gen. Op. JM-263, JM-263+
1984
Administrative
Decision
6
9
S.Ct.
Re: Whether imposition of the limited sales tax
on the sale of newspapers violates the First
Amendment to the United States Constitution
Discussed by
—
162. P 100-192 MAINSTREAM MARKETING
INC., A COLORADO CORPORATION;
TMG MARKETING, INC., A COLORADO
CORPORATION; AND AMERICAN
TELESERVICES ASSOCIATION, PLAINTIFFS, V.
FEDERAL TRADE COMMISSION,
CCH-FPLGD P 100-192
2010
Administrative
Decision
163. Exemption of religious organization from
sales or use tax, 54 A.L.R.3d 1204
1974
ALR
This annotation includes all cases involving
churches or other religious organizations claiming to
be exempt from the payment of a sales or use tax
because of their nature as...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
—
—
2
10
6
9
S.Ct.
41
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
164. Hartman and Trost, Federal Limitations
on State and Local Tax s 7:4, First amendment:
Sales tax exemption granted only to religious
publications
Hartman and Trost, Federal Limitations on State
and Local Tax
Date
2010
Type
Depth
Other
Secondary
Source
—
2010
Other
Secondary
Source
—
2011
Other
Secondary
Source
—
Other
Secondary
Source
—
Other
Secondary
Source
—
Other
Secondary
Source
—
Other
Secondary
Source
—
Headnote(s)
6
9
10
S.Ct.
In Texas Monthly, Inc. v. Bullock the Court held
that a Texas sales tax exemption granted solely
to religious publications, but denied to other
publications, trespassed against the...
—
165. Local Regulation of Adult Businesses s
5:15, Fees
Local Regulation of Adult Businesses
—
Some ordinances require special fees of adult
establishments. The fees have generally been
upheld against constitutional attack, provided they
were reasonably related to a city's...
—
166. McQuillin The Law of Municipal
Corporations s 24:447, Solicitation of members
and distribution of literature
McQuillin The Law of Municipal Corporations
6
S.Ct.
Municipal corporations can regulate religious
activities to persuade and convert people, where the
regulation is reasonably necessary to the protection
of the public welfare or to...
—
167. Smolla & Nimmer on Freedom of Speech
s 2:28, Democratic self-governance-Alexander
Meiklejohn's influence
Smolla & Nimmer on Freedom of Speech
2011
9
S.Ct.
In modern times, the prominent place of “democratic
self-governance” as a rationale for protecting
freedom of speech is due in no small measure to
the prodigious scholarly efforts...
—
168. Smolla & Nimmer on Freedom of Speech s 2011
8:33, University funding: the Rosenberger caseParades
Smolla & Nimmer on Freedom of Speech
—
When the National Socialist Party of America
attempted to march dressed in their Nazi-like
uniforms through the Village of Skokie, Illinois, a
predominantly Jewish community, a...
—
—
169. Treatise on Constitutional Law s 21.7, The
Early Decisions
Treatise on Constitutional Law
2011
170. Treatise on Constitutional Law s 21.8(d),
Taxation
Treatise on Constitutional Law
2011
4
6
S.Ct.
—
In the 1940s the Supreme Court held that persons
who wished to distribute religious literature could
not be prohibited from doing so because they had
failed to pay a license fee....
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
42
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
—
171. "I KNOW IT WHEN I SEE IT': MAIL-ORDER
MINISTRY TAX FRAUD AND THE PROBLEM
OF A CONSTITUTIONALLY ACCEPTABLE
DEFINITION OF RELIGION, 25 Am. Crim. L. Rev.
113, 149+
Date
1987
Type
Law Review
Depth
—
Headnote(s)
7
S.Ct.
Some of the most controversial instances of white
collar crime arise in tax fraud cases involving mailorder ministries, which are often mere income tax
avoidance shams. Although...
—
172. CONTRADICTIONS WILL OUT: ANIMAL
RIGHTS VS. ANIMAL SACRIFICE IN THE
SUPREME COURT, 1 Animal L. 79, 102+
1995
Law Review
—
5
S.Ct.
A professor of law at Brooklyn Law School explains
why, in the controversial Lukumi case, the Supreme
Court ruled that the religious sacrifice of animals
falls under the protective...
—
173. EMPLOYMENT DIVISION v. SMITH: FREE
EXERCISE CLAUSE LOSES BALANCE ON
PEYOTE, 43 Baylor L. Rev. 577, 608+
1991
Law Review
—
9
S.Ct.
What first appeared to be a trivial free exercise
challenge to an unemployment compensation ruling
has resulted in a “constitutional fault of San Andreas
proportions.” In...
—
174. TRADEMARKS, SPEECH, AND THE GAY
OLYMPICS CASE, 69 B.U. L. Rev. 131, 184+
1989
Law Review
—
6
9
S.Ct.
Over the past two decades, defendants in a number
of trademark infringement cases have raised a
first amendment defense, arguing that trademark
enforcement impinges on their right...
—
175. FACING GOD OR THE GOVERNMENTUNITED STATES v. AGUILAR: A BIG STEP FOR
BIG BROTHER, 1990 B.Y.U. L. Rev. 1003, 1009+
1990
Law Review
—
2
9
10
4
6
S.Ct.
In this age of overloaded courts, rarely does a legal
issue that has never been dealt with before come
before a court of appeals. United States v. Aguilar,
however, is a case of...
—
176. HEFFRON v. INTERNATIONAL SOCIETY
FOR KRISHNA CONSCIOUSNESS, INC.:
CONFUSING FREE SPEECH WITH FREE
EXERCISE RIGHTS, 71 Cal. L. Rev. 1012, 1029+
1983
Law Review
—
2
S.Ct.
In Heffron v. International Society for Krishna
Consciousness, Inc., the United States Supreme
Court held that a rule requiring the International
Society for Krishna Consciousness...
—
177. ON THE ROAD OF GOOD INTENTIONS:
JUSTICE BRENNAN AND THE RELIGION
CLAUSES, 27 Cal. W. L. Rev. 311, 335+
1991
Law Review
—
6
S.Ct.
When Dwight D. Eisenhower nominated William
J. Brennan, Jr., on September 30, 1956, to the
position of Associate Justice of the Supreme Court
of the United States, Will Herberg's...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
43
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
178. THE CONSTITUTION IN THE SUPREME
COURT: THE PREFERRED-POSITION DEBATE,
1941-1946, 37 Cath. U. L. Rev. 39, 71+
Date
Type
Depth
Headnote(s)
—
1987
Law Review
—
1974
Law Review
—
While the Supreme Court grappled with questions
arising out of the Second World War, ordinary
life went on. In a large number of decisions more
remote from the emotions and...
—
179. EVOLUTION TO ABSOLUTISM: JUSTICE
DOUGLAS AND THE FIRST AMENDMENT, 74
Colum. L. Rev. 371, 377+
5
S.Ct.
Three years ago Justice Douglas cast the lone
dissenting vote in Gillette v. United States, a
decision holding that conscientious objection to a
particular war rather than to war...
—
180. FROM A BUSINESS PURSUIT TO A MEANS 2003
OF EXPRESSION: THE SUPREME COURT'S
DISPUTES OVER COMMERCIAL SPEECH FROM
1942 TO 1976, 8 Comm. L. & Pol'y 201, 208+
Law Review
—
2
5
6
9
10
S.Ct.
Protection for commercial speech has taken a
serendipitous route between 1942, when the
Supreme Court held that it lay outside First
Amendment protection, to 1976, when it was...
—
181. GOOD NEWS CLUB V. MILFORD CENTRAL 2002
SCHOOL: TEACHING MORALITY FROM A
RELIGIOUS PERSPECTIVE ON SCHOOL
PREMISES AFTER HOURS, 35 Creighton L. Rev.
1023, 1074+
Law Review
—
2
S.Ct.
Can a religious-based club meet after school on
school premises for the purpose of prayer, religious
songs, scripture reading and religious instruction on
moral issues? Can a...
—
182. THE FALLING STAR OF FREE EXERCISE:
FREE EXERCISE AND SUBSTANTIVE DUE
PROCESS ENTITLEMENT CLAIMS IN CITY OF
BOERNE v. FLORES, 31 Creighton L. Rev. 693,
740+
1998
Law Review
—
2
S.Ct.
Free exercise of religion, previously touted as
the “fixed star in our constitutional constellation,”
recently has become the least protected of our
fundamental constitutional...
—
183. THE POWER TO DESTROY: THE ERODING 1992
CONSTITUTIONAL ARGUMENTS FOR CHURCH
TAX EXEMPTION AND THE PRACTICAL EFFECT
ON CHURCHES, 22 Cumb. L. Rev. 605, 635+
Law Review
—
7
9
S.Ct.
Thank you, Commissioner Doss, distinguished
members of the Law Review, Mr. Chief Justice and
others who are here. Commissioner Doss alluded
to the fact that I am both a minister...
—
184. THE END OF FREE EXERCISE?, 42 DePaul 1992
L. Rev. 567, 582+
Law Review
—
2
5
6
S.Ct.
Beginning with the Bill of Rights, we had an
absolutely unique constitutional provision for
a nation, stating, “Congress shall make no law
respecting the establishment of religion...
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44
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
185. CONSTITUTIONAL LAW, 1998 Det. C.L.
Mich. St. U. L. Rev. 431, 442+
Date
1998
Type
Law Review
Depth
—
Headnote(s)
9
10
S.Ct.
L1-2Introduction 431# I. Separation of Powers# 432
II. Ex Post Facto Clause# 434 III. First Amendment#
437 A. Freedom of Speech# 437
1. Speech
Protected# 437
2. Scope of...
—
186. THE CABLE FRANCHISE FEE AND THE
FIRST AMENDMENT, 39 Fed. Comm. L.J. 1, 11+
1987
Law Review
—
6
10
S.Ct.
In the last two years, the cable television industry
has reached maturity and has aggressively sought
freedom from its constricting regulatory scheme.
Courts have also begun to...
—
187. THE CONSTITUTIONAL CONVENTION OF
1937: THE ORIGINAL MEANING OF THE NEW
JURISPRUDENTIAL DEAL, 70 Fordham L. Rev.
459, 525+
2001
Law Review
—
9
10
S.Ct.
The story of the New Deal “switch in time that saved
nine” is a familiar tale. Prior to 1937, the Supreme
Court had broadly rejected both federal and state
attempts to regulate...
—
188. THE LESSONS OF CREATION-SCIENCE:
PUBLIC SCHOOL CURRICULUM AND THE
RELIGION CLAUSES, 50 Fordham L. Rev. 1113,
1156+
1982
Law Review
—
5
S.Ct.
Religious groups have long sought to use public
schools to transmit their religious doctrine.
Historically, these efforts have taken two forms: 1)
public school presentation of...
—
189. SCHOOL NAMING RIGHTS AND THE FIRST 2007
AMENDMENT'S PERFECT STORM, 96 Geo. L.J.
1, 57+
Law Review
—
5
6
S.Ct.
In the past five years, public schools across the
country have begun to explore a new avenue of
fundraising: selling naming rights to school facilities.
The popularity and monetary...
—
190. UNDUE BURDENS AND THE FREE
EXERCISE OF RELIGION: REWORKING A
"JURISPRUDENCE OF DOUBT", 85 Geo. L.J.
751, 757+
1997
Law Review
—
9
10
S.Ct.
The scope of religious freedom in the United States
is remarkably ill-defined. Although the right to
“free exercise” of religion has been constitutionally
protected for over two...
—
191. CONSTRAINTS ON EQUAL ACCESS TO
FUNDAMENTAL LIBERTIES: ANOTHER LOOK
AT PROFESSOR MICHELMAN'S THEORY OF
MINIMUM PROTECTION, 19 Ga. L. Rev. 1041,
1074+
1985
Law Review
—
—
Sixteen years ago Professor Frank Michelman
wrote that the equal protection clause of the
fourteenth amendment required government to
satisfy certain basic needs of its citizens. ...
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45
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
192. WILLIAM O. DOUGLAS: THE GADFLY OF
WASHINGTON, 40 Gonz. L. Rev. 259, 291+
Date
2005
Type
Law Review
Depth
—
Headnote(s)
6
S.Ct.
I. Introduction# 259 II. The Evolution of a Gadfly#
263 III. Douglas on the First Amendment# 272
A. Permits and Licenses# 273 B. Subversive
Speech, Incitement of Illegal...
—
193. RFRA, CHURCHES AND THE IRS:
2006
RECONSIDERING THE LEGAL BOUNDARIES OF
CHURCH ACTIVITY IN THE POLITICAL SPHERE,
43 Harv. J. on Legis. 145, 172+
Law Review
—
—
1992
Law Review
—
—
2002
Law Review
—
The author argues that the Internal Revenue Code
section governing the tax-exempt status of religious
organizations infringes upon the free exercise rights
guaranteed by the...
—
194. INCLUDING LEGAL SERVICES IN STATE
SALES TAXES, 29 Harv. J. on Legis. 280, 301+
Following in Florida's footsteps, Massachusetts
recently passed and quickly repealed legislation
expanding its sales tax base to include many
services. Had the expansion not been...
—
195. D. FREEDOM OF SPEECH AND
EXPRESSION, 116 Harv. L. Rev. 282, 292+
2
6
S.Ct.
3. Door-to-Door Canvassing.--During the World
War II era, Jehovah's Witnesses came before
the Supreme Court on multiple occasions to urge
expanded First Amendment protection of...
—
196. V. FREE EXERCISE ACCOMMODATION OF 1987
RELIGION, 100 Harv. L. Rev. 1703, 1740+
Law Review
—
2
S.Ct.
When the state compels an individual to choose
between deeply-held religious commitments and
fundamental liberty or property interests, it risks not
only its claim to legitimacy in...
—
197. THE FIRST AMENDMENT OVERBREADTH
DOCTRINE, 83 Harv. L. Rev. 844, 927+
1970
Law Review
—
5
6
S.Ct.
In theory legislatures are as much the guardians of
first amendment rights as are the courts. Precision
in the drafting of statutory provisions to avoid
applications which conflict...
—
198. FREEDOM OF EXPRESSION IN A
1965
COMMERCIAL CONTEXT, 78 Harv. L. Rev. 1191,
1199+
Law Review
—
5
6
S.Ct.
Communication in a democratic society serves to
further four different, although often overlapping,
interests. (1) A basic goal of a democratic society is
the advancement of the...
—
199. PARODY (OF CELEBRITIES, IN
1995
ADVERTISING), PARITY (BETWEEN
ADVERTISING AND OTHER TYPES OF
COMMERCIAL SPEECH), AND (THE PROPERTY
RIGHT OF) PUBLICITY A Substantive and
Procedural Path - Through Glitz, Wit, Rap, Suds,
and Ink, 17 Hastings Comm. & Ent. L.J. 633,
695+
Law Review
—
6
9
10
S.Ct.
I. The Jurisprudential Status of Parody Defenses
to Common Law Right of Publicity Claims # 638 A.
The Ninth Circuit's Reasoning in White v. Samsung
Electronics America, Inc.--...
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46
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
Date
200. HOW RIGHTS ARE INFRINGED: THE
ROLE OF UNDUE BURDEN ANALYSIS IN
CONSTITUTIONAL DOCTRINE, 45 Hastings L.J.
867, 959+
1994
Type
Law Review
Depth
—
Headnote(s)
9
10
S.Ct.
The conventional understanding of fundamental
rights in constitutional law recognizes three distinct
conceptual issues. First, there is the question of
whether a right exists. ...
—
201. THE BEGGAR'S FREE SPEECH CLAIM, 65
Ind. L.J. 191, 228+
1989
Law Review
—
9
10
S.Ct.
The law, in its majestic equality, forbids the rich as
well as the poor to sleep under bridges, to beg in
the streets, and to steal bread. And if thy brother be
waxen poor, and his...
—
202. "BY WHAT RIGHT": THE SOURCES
AND LIMITES OF FEDERAL COURT AND
CONGRESSIONAL JURISDICTION OVER
MATTERS "TOUCHING RELIGION", 29 Ind. L.
Rev. 1, 21+
1995
Law Review
—
2
9
10
S.Ct.
C1-3Table of Contents L1-2Table of Contents R31
Introduction# 4 I. The Binding Nature of the Federal
Vision# 8 A. Introduction# 8 B. The Nature of the
Judicial Interest# 11 II. A...
—
203. THE ESTABLISHMENT CLAUSE
AS A STRUCTURAL RESTRAINT ON
GOVERNMENTAL POWER, 84 Iowa L. Rev. 1,
113+
1998
Law Review
—
4
S.Ct.
C1-3TABLE OF CONTENTS I. Introduction# 2 II.
The Architecture of the Establishment Clause# 14
III. The Incorporation Debate# 25 IV. Windows to
the Clause as Structural:...
—
204. JUST SAY NOT TO JUDICIAL REVIEW:
THE IMPACT OF OREGON v. SMITH ON THE
FREE EXERCISE CLAUSE, 76 Iowa L. Rev. 805,
833+
1991
Law Review
—
1996
Law Review
—
—
The first amendment to the United States
Constitution states that “Congress shall make no
law . . . prohibiting the free exercise [of religion].”
Despite this unequivocal language,...
—
205. THE FIRST AMENDMENT COMES OF
AGE: THE EMERGENCE OF FREE SPEECH IN
TWENTIETH- CENTURY AMERICA, 95 Mich. L.
Rev. 299, 392+
2
6
9
S.Ct.
As the number of issues perceived as having First
Amendment implications continues to grow, and the
coterie of potential beneficiaries of First Amendment
protection continues to...
—
206. CHARITABLE FUND-RAISING BY JUDGES: 2008
THE GIVE AND TAKE OF THE 2007 ABA MODEL
CODE OF JUDICIAL CONDUCT, 2008 Mich. St. L.
Rev 769, 841+
Introduction# 770 I. The State's Interest in
Regulating Off-the-Bench Activities# 778
II. Evolution of the Charitable Fund-Raising
Restrictions of the ABA Model Codes# 783
Law Review
—
6
S.Ct.
A....
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
47
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
207. THE SUPREME COURT AND THE FIRST
AMENDMENT: THE 1991-1992 TERM, 10 N.Y.L.
Sch. J. Hum. Rts. 1, 65+
Date
1992
Type
Law Review
Depth
—
Headnote(s)
10
S.Ct.
In many respects, the 1991-1992 Term of the
Supreme Court was the term that wasn't. Despite
the urgings of the Bush Justice Department and
many others, it wasn't the Term that the...
—
208. A TAX ON ADVERTISING: FIRST
AMENDMENT AND COMMERCE CLAUSE
IMPLICATIONS, 63 N.Y.U. L. Rev. 810, 837+
1988
Law Review
—
7
9
S.Ct.
Recently, the constitutionality of a state tax on
advertising received significant media attention. On
April 23, 1987, the state of Florida enacted a bill
extending Florida's...
—
209. SAVE YOUR LOCAL CHURCH OR
SYNAGOGUE: WHEN ARE TAXPAYER
CONTRIBUTIONS TO RELIGIOUS
ORGANIZATIONS DEDUCTIBLE UNDER
SECTION 170?, 63 N.Y.U. L. Rev. 840, 862+
1988
Law Review
—
1983
Law Review
—
—
Tax deductions for certain contributions or gifts to
religious institutions, traditionally major recipients of
the public's donations, may now be in a precarious
position. Several...
—
210. THE DIVISIBLE FIRST AMENDMENT: A
CRITICAL FUNCTIONALIST APPROACH TO
FREEDOM OF SPEECH AND ELECTORAL
CAMPAIGN SPENDING, 58 N.Y.U. L. Rev. 1273,
1323+
10
S.Ct.
Mr. Blum presents a theory of the first amendment
as having a ‘dichotomous structure’: certain ‘core’
speech activities, such as speaking, leafletting, and
assembling, receive...
—
211. RELIGIOUS FREEDOM IN THE UNITED
STATES FOLLOWING CITY OF BOERNE V.
FLORES, 2-FALL NEXUS 111, 112+
1997
Law Review
—
9
10
S.Ct.
Seven years ago this country's cherished religious
freedom suffered a near fatal blow. Employment
Div., Dep't of Human Resources v. Smith, 494 U.S.
872 (1990), virtually impaled...
—
212. DEFENDING THE "OTHER" FIRST
2010
AMENDMENT FREEDOM: STATE CAMPAIGN
DISCLOSURE LAWS AND THE FREE EXERCISE
OF RELIGION, 85 Notre Dame L. Rev. 2033,
2058+
Law Review
—
10
S.Ct.
[T]hose who say that religion has nothing to do
with politics do not know what religion means.
Mohandas K. Gandhi Five church members meet
on a Saturday afternoon in their church...
—
213. COMMERCE IN RELIGION, 84 Notre Dame
L. Rev. 887, 912+
2009
Law Review
—
—
Given the multifarious debates about the definition
of religion among philosophers, sociologists, and
even adherents of religion, it should come as no
surprise that secular courts...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
48
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
214. THE SEARCH FOR VALID
GOVERNMENTAL REGULATIONS: A REVIEW
OF THE JUDICIAL RESPONSE TO MUNICIPAL
POLICIES REGARDING FIRST AMENDMENT
ACTIVITIES, 63 Notre Dame L. Rev. 561, 578+
Date
1988
Type
Law Review
Depth
—
Headnote(s)
9
10
S.Ct.
Despite numerous judicial decisions scrutinizing
governmental regulation of first amendment
activities, local governments have had difficulty
fashioning policies which both protect...
—
215. THE CONSERVATIVE AS LIBERAL: THE
RELIGION CLAUSES, LIBERAL NEUTRALITY,
AND THE APPROACH OF JUSTICE O'CONNOR,
62 Notre Dame L. Rev. 151, 191+
1987
Law Review
—
5
S.Ct.
The past few years have seen a flurry of
litigation involving the religion clauses of the first
amendment. The Supreme Court has spoken on the
subject as frequently as it did...
—
216. TWO WRONGS MOCK A RIGHT:
OVERCOMING THE COHEN MALEDICTA THAT
BAR FIRST AMENDMENT PROTECTION FOR
NEWSGATHERING, 58 Ohio St. L.J. 1135, 1160+
1997
Law Review
—
9
10
S.Ct.
A jury's verdict of $5.5 million in punitive damages
against ABC News in a lawsuit brought by Food
Lion, Inc. demonstrated the danger of a legal
regime that provides no First...
—
217. THE BELIEF/CONDUCT PARADIGM IN
1993
THE SUPREME COURT'S FREE EXERCISE
JURISPRUDENCE: A THEOLOGICAL ACCOUNT
OF THE FAILURE TO PROTECT RELIGIOUS
CONDUCT, 54 Ohio St. L.J. 713, 796+
Law Review
—
Law Review
—
—
Now we know that whatever the law says it speaks
to those who are under the law, so that every mouth
may be stopped, and the whole world may be held
accountable to God. For no...
—
218. A SURVEY OF RELIGIOUS LIBERTY IN
1986
THE UNITED STATES, 47 Ohio St. L.J. 409, 440+
4
6
S.Ct.
This is a brief survey of a large field. I have
attempted to summarize the current law of religious
liberty and how it developed. I hope that scholars in
the field will find some...
—
219. STREET PREACHERS VERSUS
MERCHANTS: WILL THE FIRST AMENDMENT
BE HELD CAPTIVE IN THE BALANCE?, 14 St.
Louis U. Pub. L. Rev. 613, 654+
1995
Law Review
—
9
S.Ct.
In Beaufort, South Carolina, dozens of street
preachers were arrested and convicted for violating
a local anti-noise ordinance in the city. The arrests
were made to protect the...
—
220. THE ABSTENTION DOCTRINES:
BALANCING COMITY WITH FEDERAL COURT
INTERVENTION, 28 Seton Hall L. Rev. 1102,
1154+
1998
Law Review
—
—
The Abstention Doctrines required federal courts to
step aside in order to allow the state adjudicatory
process to take its course. The purpose of these
doctrines is to preserve...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
49
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
221. RELIGIOUS, CHILDREN, SECULAR
SCHOOLS, 61 S. Cal. L. Rev. 863, 941+
Date
Type
Depth
Headnote(s)
—
1988
Law Review
—
222. IMPOSING CORPORATE FORMS ON
1981
UNINCORPORATED DENOMINATIONS:
BALANCING SECULAR ACCOUNTABILITY WITH
RELIGIOUS FREE EXERCISE, 55 S. Cal. L. Rev.
155, 192+
Law Review
—
INTRODUCTION# 864 I. FACTUAL
BACKGROUND THE SOURCES OF RELIGIOUS
COMPLAINTS ABOUT PUBLIC EDUCATION# 865
II. THE HISTORY OF THE RELIGION CLAUSES
OF THE FIRST AMENDMENT# 873...
—
5
S.Ct.
Corporations are recognized as legal entities, with
distinct rights, attributes, and powers apart from the
individuals who own, operate, or comprise them.
Despite the potential...
—
223. RELIGIOUS LANDMARK PRESERVATION
UNDER THE FIRST AND FIFTH AMENDMENTS:
ST. BARTHOLOMEW'S CHURCH v. CITY OF
NEW YORK, 65 St. John's L. Rev. 553, 576+
1991
Law Review
—
6
9
10
S.Ct.
In recent years, the practice of landmarking
religious institutions has come under careful
scrutiny due to concerns that landmark statutes may
infringe upon two important...
—
224. FAILING HONORABLY: BALANCING
TESTS, JUSTICE O'CONNOR AND FREE
EXERCISE OF RELIGION, 38 St. Louis U. L.J.
837, 879+
1994
Law Review
—
5
S.Ct.
“Why aren't you angry with me?” “Because I
understand you-all sides I think-Harriet, Signor
Carella, even my mother.” “You understand
wonderfully. You are the only one of us who...
—
225. IS LEMON A LEMON? CROSSCURRENTS 1990
IN CONTEMPORARY ESTABLISHMENT CLAUSE
JURISPRUDENCE, 22 St. Mary's L.J. 129, 160+
Law Review
—
Law Review
—
—
I. Introduction to the Problem: Creative Originalism
A. Building the Wall B. Structural Faults II.
Foundations of Meaning: Religion in Colonial
America III. What Did the Framers...
—
226. THE HISTORICAL ROLE OF THE FIRST
AMENDMENT IN CHARITABLE APPEALS, 27
Stetson L. Rev. 457, 460+
1997
5
6
S.Ct.
The appeal for public support has been, and
remains, a popular focus for government regulation.
What could be more appealing to the elected
lawmaker than telling the electorate a...
—
227. CONSTITUTIONAL LAW-IMPOSING
SALES AND USE TAXES ON RELIGIOUS
MATERIAL DOES NOT VIOLATE THE RELIGION
CLAUSES OF THE FIRST AMENDMENTJIMMY SWAGGART MINISTRIES V. BOARD
OF EQUALIZATION, 110 S. CT. 688 (1990), 24
Suffolk U. L. Rev. 836, 843+
1990
Law Review
—
6
S.Ct.
The religion clauses of the first amendment prevent
the government from inhibiting the free exercise
of religion and from establishing religion in any
manner. In Jimmy Swaggart...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
50
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
228. TENSION BETWEEN THE RELIGION
CLAUSES OF THE FIRST AMENDMENT:
MOZERT v. HAWKINS COUNTY PUBLIC
SCHOOLS, 56 Tenn. L. Rev. 693, 733+
Date
1989
Type
Law Review
Depth
—
Headnote(s)
9
10
S.Ct.
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof . . . . During the last half century
in America, debate over the...
—
229. "WRITING THEIR FAITH INTO THE LAWS
OF THE LAND:" JEHOVAH'S WITNESSES AND
THE SUPREME COURT'S BATTLE FOR THE
MEANING OF THE FREE EXERCISE CLAUSE,
1939-1945, 10 Tex. J. on C.L. & C.R. 1, 35+
2004
Law Review
—
5
S.Ct.
The Supreme Court recently upheld the free
exercise rights of a religious group to canvas
door-to-door without first obtaining a permit. The
Jehovah's Witnesses asserted that...
—
230. BACK FROM THE BRINK, 9 Touro L. Rev.
251, 304+
1993
Law Review
—
10
S.Ct.
Hon. Leon D. Lazer: Our next speaker will be
dealing with the area of the First Amendment. As
far as the number of cases, at least, there was no
shortage of First Amendment cases,...
—
231. HIGH-PROFILE TRIALS: CAN
GOVERNMENT SELL THE "RIGHT" TO
BROADCAST THE PROCEEDINGS?, 3 UCLA
Ent. L. Rev. 169, 205+
1996
Law Review
—
10
S.Ct.
I. Introduction# 170 II. Press Access to Court
Proceedings# 174 A. The Right of Access to Court
Proceedings# 174
1. The Right Derives From
the First Amendment# 175
2. The...
—
232. CONSTITUTIONAL LAW--FREE EXERCISE
CLAUSE--SACRIFICIAL RITES BECOME
CONSTITUTIONAL RIGHTS ON THE ALTAR OF
BABALU AYE, 16 U. Ark. Little Rock L.J. 623,
657+
1994
Law Review
—
6
S.Ct.
The Free Exercise Clause of the First Amendment
to the United States Constitution states that
“Congress shall make no law . . . prohibiting the
free exercise [of religion]. . . . ”...
—
233. MAINE'S PROPOSED SALES TAX ON
1989
ATTORNEYS' SERVICES: THE TAX MAN MEETS
THE CONSTITUTION, 10 U. Bridgeport L. Rev.
83, 113+
Law Review
—
9
10
S.Ct.
[T]he power to tax involves the power to destroy.
Chief Justice John Marshall McCulloch v. Maryland,
17 U.S. (4 Wheat.) 316, 431 (1819). Might does not
make right even in taxation....
—
234. COHEN v. COWLES MEDIA CO.: BAD
NEWS FOR NEWSGATHERERS: WORSE NEWS
FOR THE PUBLIC, 25 U.C. Davis L. Rev. 1099,
1139+
1992
Law Review
—
9
10
S.Ct.
Reporters rely heavily on confidential sources
to gather the news. Because reporters need to
maintain their sources' trust and because their
journalistic ethics require them to do...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
51
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Title
—
235. THE CONSTITUTIONAL STATUS OF
COMMERCIAL SPEECH, 48 UCLA L. Rev. 1, 57+
Date
2000
Type
Law Review
Depth
—
Headnote(s)
4
5
6
S.Ct.
Commercial speech doctrine is presently
controversial and confused. In this Lecture,
Professor Robert Post offers an hypothesis about
why the U.S. Supreme Court has extended First...
—
236. IN OPPOSITION TO THE SCHOOL PRAYER 1983
AMENDMENT, 50 U. Chi. L. Rev. 823, 830+
Law Review
—
10
S.Ct.
Twenty years ago, in Engel v. Vitale, the Supreme
Court invalidated the practice of government
sponsored prayer in the public schools. In 1951, the
New York Board of Regents,...
—
237. CAN RELIGIOUS PRACTICE BE
GIVEN MEANINGFUL PROTECTION AFTER
EMPLOYMENT DIVISION v. SMITH?, 62 U. Colo.
L. Rev. 687, 709+
1991
Law Review
—
5
6
S.Ct.
Alfred Smith and Galen Black were fired from their
jobs at a private drug rehabilitation center in Oregon
and were later denied unemployment compensation
because of their use of...
—
238. EXAMINING A BEGGAR'S FIRST
2000
AMENDMENT RIGHT TO BEG IN AN ERA OF
ANTI-BEGGING ORDINANCES: THE PRESENCE
AND PERSISTENCE TEST, 26 U. Dayton L. Rev.
155, 178+
Law Review
—
9
10
S.Ct.
I am an invisible man. No, I am not a spook like
those who haunted Edgar Allan Poe; nor am I one
of your Hollywood-movie ectoplasms. I am a man of
substance, of flesh and bone,...
—
239. THE FIRST AMENDMENT, NEWSRACKS
AND PUBLIC PROPERTY AFTER CITY OF
LAKEWOOD v. PLAIN DEALER PUBLISHING
CO., 108 S.CT. 2138 (INTERIM ED. 1988), 14 U.
Dayton L. Rev. 503, 539+
1989
Law Review
—
10
S.Ct.
Each method of communicating ideas is “a law
unto itself” and that law must reflect the “differing
natures, values, abuses and danger” of each
method. Undoubtedly, newspaper...
—
240. RELIGIOUS GROUPS IN A FREE SOCIETY, 2009
86 U. Det. Mercy L. Rev. 685, 710+
Law Review
—
6
9
10
S.Ct.
Introduction# 685 I. Four views of religious groups
and corresponding social visions# 690 A.
Dangerous Quasi-Governments and the Secularist
Social Vision# 690 B. Valuable...
—
241. THE "POLITICAL PROPAGANDA' LABEL
UNDER FARA: ABRIDGEMENT OF FREE
SPEECH OR LEGITIMATE REGULATION?, 41 U.
Miami L. Rev. 591, 621+
1987
Law Review
—
7
S.Ct.
I. L2-3,T2INTRODUCTION# #591 A. S60Keene
v. Meese# #593 B. Block v. Meese# #596 II.
L2-3,T2POLITICAL SPEECH: ITS PLACE AND
MEANING# #598 A. The Absolutist School# #602
B. The...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
52
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
242. THE THEORY AND POLITICS OF FIRST
AMENDMENT PROTECTIONS: WHY DOES THE
SUPREME COURT FAVOR FREE EXPRESSION
OVER RELIGIOUS FREEDOM?, 8 U. Pa. J.
Const. L. 431, 478+
Date
2006
Type
Law Review
Depth
—
Headnote(s)
2
6
S.Ct.
Why does the Supreme Court favor free expression
over religious freedom? This judicial predilection
appeared during an early spate of First Amendment
cases in the 1930s and 1940s,...
—
243. ABORTION AND THE SUPREME COURT:
THE RETREAT FROM ROE v. WADE, 138 U. Pa.
L. Rev. 83, 118+
1989
Law Review
—
5
S.Ct.
The intense public interest in Webster v.
Reproductive Health Services, was understandable.
If present rates continue, nearly half of all American
women will have an abortion at...
—
244. AN ACCOMMODATION OF THE YOUNGER 1976
DOCTRINE AND THE DUTY OF THE FEDERAL
COURTS TO ENFORCE CONSTITUTIONAL
SAFEGUARDS IN THE STATE CRIMINAL
PROCESS, 125 U. Pa. L. Rev. 266, 306+
Law Review
—
5
S.Ct.
A coalition of civil-liberties and public-interest-law
groups recently addressed a letter of protest to
the distinguished jurists and lawyers attending a
national conference on law...
—
245. CIVIL SUITS AND CIVIL RIGHTS:
RECOVERY OF POLICE EXPENSES, 115 U. Pa.
L. Rev. 238, 263+
1966
Law Review
—
10
S.Ct.
The growing militancy of the Negro civil rights
movement, bringing with it an increasing number of
demonstrations, sit-ins and the like, has presented
substantial problems in the...
—
246. THE VOID-FOR-VAGUENESS DOCTRINE
INTHE SUPREME COURT, 109 U. Pa. L. Rev. 67,
116+
1960
Law Review
—
1992
Law Review
—
—
There are places in the law through which a pair of
mutually oblivious doctrines run in infinitely parallel
contrariety, like a pair of poolhall scoring racks on
one or the other...
—
247. COHEN v. COWLES MEDIA CO.:
UPSETTING THE FIRST AMENDMENT SCALES,
26 U.S.F. L. Rev. 753, 784+
5
S.Ct.
STRICTLY READ, the First Amendment appears to
provide absolute protection of speech: “Congress
shall make no law # abridging the freedom of
speech, or of the press#” Absolute...
—
248. CONSTITUTIONAL CONVERSATIONS
AND NEW RELIGIOUS MOVEMENTS: A
COMPARATIVE CASE STUDY, 38 Vand. J.
Transnat'l L. 615, 678+
2005
Law Review
—
4
6
S.Ct.
Using the metaphor of a constitutional conversation
to compare the treatment of a relatively new and
unpopular religion by the legal systems of the
United States, Russia, and...
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53
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
Date
249. THE PARSONAGE ALLOWANCE
1991
EXCLUSION: PAST, PRESENT, AND FUTURE, 44
Vand. L. Rev. 149, 178+
Type
Law Review
Depth
—
Headnote(s)
9
10
S.Ct.
A. Minister of the Gospel: Eligibility B. Home C.
Amount of Exclusion 1. Parsonage Provided by
Church 2. Housing Allowance A. Mail-Order Ministry
Abuses B. The Treasury's Attempt...
—
250. HOUSES OF WORSHIP AND RELIGIOUS
LIBERTY: CONSTITUTIONAL LIMITS
TO LANDMARK PRESERVATION AND
ARCHITECTURAL REVIEW, 36 Vill. L. Rev. 401,
515+
1991
Law Review
—
2
6
S.Ct.
I. Introduction# 402 II. The Constitutional
Framework of the Religion Clauses# 407
A.
Establishment Clause# 413
B. Free Exercise
Clause# 419 III. An Overview of...
—
251. MODERNIZING THE LAW OF OPEN-AIR
2005
SPEECH: THE HUGHES COURT AND THE
BIRTH OF CONTENT-NEUTRAL BALANCING, 13
Wm. & Mary Bill Rts. J. 1219, 1264+
Law Review
—
2
5
6
S.Ct.
On February 15, 2003, a massive crowd, perhaps
as large as 400,000 people, gathered in the streets
of New York City to protest the impending war with
Iraq. Protest organizers had...
—
252. CONSTITUTIONAL LAW--THE FREE
EXERCISE CLAUSE: THE SUPREME COURT
AVOIDS STRICT SCRUTINY AND THE
"COMPELLING GOVERNMENTAL INTEREST"
TEST EMPLOYMENT DIVISION DEPARTMENT
OF HUMAN RESOURCES v. SMITH, 110 S.CT.
1595 (1990), 17 Wm. Mitchell L. Rev. 595, 626+
1991
Law Review
—
253. THE ROOSEVELT COURT, DEMOCRATIC
1981
IDEOLOGY, AND MINORITY RIGHTS: ANOTHER
LOOK AT UNITED STATES V. CLASSIC, 90 Yale
L.J. 741, 815+
Law Review
—
—
Introduction I. Procedural History II. Standard
of Review III. Facts of the Case IV. The Court's
Analysis A. The Court Avoids the Strict Scrutiny
Standard of Review By Initially...
—
6
S.Ct.
I. Minorities, Majorities, and a New Ideology 746
A. The Tyranny of the Majority Revisited 746 B.
Group Conflict and Unrestrained Majoritarianism
752 C. Preserving the...
—
254. RETHINKING INJUNCTIONS The
Civil Rights Injunction. By Owen M. Fiss.
Bloomington: Indiana University Press, 1978.
Pp. 117. $10.95, 89 Yale L.J. 825, 828+
1980
Law Review
—
6
9
10
S.Ct.
Professor Fiss has given us an important, succinct,
thought-packed critique of remedies. The Civil
Rights Injunction is a reappraisal of the injunction in
light of the civil...
—
255. THE CONSTITUTIONAL RIGHT TO
ANONYMITY: FREE SPEECH, DISCLOSURE
AND THE DEVIL, 70 Yale L.J. 1084, 1128+
1961
Law Review
—
6
9
S.Ct.
Today there is a recognized right to speak and write
anonymously and to participate anonymously in
group activities. The Supreme Court has developed
this right as a derivative of...
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54
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
256. LEGISLATIVE INQUIRY INTO POLITICAL
ACTIVITY: FIRST AMENDMENT IMMUNITY
FROM COMMITTEE INTERROGATION, 65 Yale
L.J. 1159, 1195+
Date
Type
Depth
Headnote(s)
—
1956
Law Review
—
2004
Law Review
—
Since the seventeenth century legislators have
armed committees with subpoena powers to obtain
information for a variety of legislative purposes. One
of the oldest and most...
—
257. RECENT CASES
In Civil Liberties for Urban Believers v. City
of Chicago, 342 F.3d 752 (7th Cir. 2003), an
association of 40 to 50 Chicago-area churches and
five individual churches challenged...
—
S.Ct.
Other
Secondary
Source
—
259. 1995 BNA Daily Report for Executives
1995
164 D45, STATE TAXES-ALABAMA COUNTY'S
OCCUPATIONAL TAX VALIDLY IMPOSED ON
ARTICLE III JUDGES; Occupational tax imposed
by Alabama county does not, as applied to
Article III judges, violate the intergovernmental
tax immunity doctr
BNA Daily Report for Executives
Other
Secondary
Source
—
—
260. 175 BNA Daily Report for Executives J-1,
1990, SUPREME COURT
BNA Daily Report for Executives
1990
Other
Secondary
Source
—
—
261. 12 BNA Daily Report for Executives G-1,
1990, SUPREME COURT: JUSTICES UPHOLD
CALIFORNIA TAX ON SALE OF RELIGIOUS
MATERIALS
BNA Daily Report for Executives
1990
Other
Secondary
Source
—
262. 12 BNA Daily Tax Report G-1, 1990,
SUPREME COURT: JUSTICES UPHOLD
CALIFORNIA TAX ON SALE OF RELIGIOUS
MATERIALS
BNA Daily Tax Report
1990
Other
Secondary
Source
—
263. 50 BNA Daily Report for Executives
H-1, 1986, EMPLOYMENT TAXES-1983, 1984
SOCIAL SECURITY AMENDMENTS HELD
CONSTITUTIONAL: Amendments enacted
in 1983 and 1984 to the Social Security law,
requiring churches to elect out of the system if
they do not wish to participate
BNA Daily Report for Executives
1986
Other
Secondary
Source
—
Other
Secondary
Source
—
—
—
—
—
258. 1997 BNA Daily Report for Executives 24
D81, LOCAL TAXES-CLEVELAND ORDINANCE
REQUIRING ALL PEDDLERS TO PAY LICENSE
FEE IS UPHELD; Cleveland ordinance requiring
every person who engages in peddling
anywhere in city to be in possession of a
peddler's license is held
BNA Daily Report for Executives
10
1997
264. 1997 BNA Daily Tax Report 24 D24, LOCAL 1997
TAXES-CLEVELAND ORDINANCE REQUIRING
ALL PEDDLERS TO PAY LICENSE FEE IS
UPHELD; Cleveland ordinance requiring every
person who engages in peddling anywhere in
city to be in possession of a peddler's license is
held
BNA Daily Tax Report
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
10
S.Ct.
10
S.Ct.
—
5
S.Ct.
5
S.Ct.
6
9
10
S.Ct.
10
S.Ct.
55
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
—
Title
Date
Type
Depth
265. 1995 BNA Daily Tax Report 164 D13,
1995
STATE TAXES-ALABAMA COUNTY'S
OCCUPATIONAL TAX VALIDLY IMPOSED ON
ARTICLE III JUDGES; Occupational tax imposed
by Alabama county does not, as applied to
Article III judges, violate the intergovernmental
tax immunity doctr
BNA Daily Tax Report
Other
Secondary
Source
—
—
266. 175 BNA Daily Tax Report J-1, 1990,
SUPREME COURT
BNA Daily Tax Report
1990
Other
Secondary
Source
—
—
267. 50 BNA Daily Tax Report H-1,
1986, EMPLOYMENT TAXES-1983, 1984
SOCIAL SECURITY AMENDMENTS HELD
CONSTITUTIONAL: Amendments enacted
in 1983 and 1984 to the Social Security law,
requiring churches to elect out of the system if
they do not wish to participate
BNA Daily Tax Report
1986
Other
Secondary
Source
—
—
268. SUPREME COURT: JUSTICES UPHOLD
CALIFORNIA TAX ON SALE OF RELIGIOUS
MATERIALS, 9 BNA Tax Management Weekly
Report 83+
BNA Tax Management Weekly Report
1990
Other
Secondary
Source
—
—
269. RECENT DEVELOPMENTS IN PRIOR
RESTRAINTS, 461 Practising Law Institute
Patents, Copyrights, Trademarks, & Literary
Property 539+
Practising Law Institute Patents, Copyrights,
Trademarks, & Literary Property
1996
Other
Secondary
Source
—
Other
Secondary
Source
—
Headnote(s)
10
S.Ct.
—
6
S.Ct.
—
10
S.Ct.
The year that was reviewed for this edition of the
Communications Law handbook - September
1995 through August 1996 - has yielded generally
positive results in prior restraints...
—
270. CONSTITUTIONALITY OF CABLE
1985
TELEVISION FRANCHISE FEE LEGISLATION,
200 Practising Law Institute Patents,
Copyrights, Trademarks, & Literary Property 43+
Practising Law Institute Patents, Copyrights,
Trademarks, & Literary Property
6
10
S.Ct.
Senate Bill 1540 would require all Massachusetts
cable television systems to pay a franchise fee of
five percent of their gross revenues. Because this
fee would be imposed without...
Declined to
Extend by
271. St. Elizabeth's Child Care Center v.
Department of Public Welfare
989 A.2d 52, 56 , Pa.Cmwlth.
Jan. 07, 2010
Case
—
CIVIL RIGHTS - Religion. Church child care
center failed to identify how licensing regulations
substantially burdened its free exercise of religion.
Declined to
Extend by
272. Watchtower Bible and Tract of NY v.
Sanchez Ramos
389 F.Supp.2d 171, 186 , D.Puerto Rico
Aug. 09, 2005 Case
6
S.Ct.
CIVIL RIGHTS - Free Speech. Allowing
neighborhoods to close off access to public streets
did not violate religious organization's constitutional
rights.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
56
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Distinguished
by
Title
273. People v. Larsen
906 N.Y.S.2d 709, 716 , N.Y.City Crim.Ct.
Date
Jul. 30, 2010
Type
Case
Depth
Headnote(s)
6
S.Ct.
GOVERNMENT - Municipalities. City's vendor
licensing ordinance was a valid time, place, or
manner restriction under the First Amendment.
Distinguished
by
274. Wisconsin Interscholastic Athletic Ass'n v. Jun. 03, 2010
Gannett Co., Inc.
716 F.Supp.2d 773, 797 , W.D.Wis.
Case
6
S.Ct.
CIVIL RIGHTS - Free Speech. Exclusive contract
regarding Internet streaming of tournament games
did not violate First Amendment.
Distinguished
by
275. People v. Williams
920 N.E.2d 446, 460 , Ill.
Nov. 19, 2009 Case
6
S.Ct.
COPYRIGHTS - Music. Copyright Act preempted
criminal antipiracy statute.
Distinguished
by
276. Combs v. Homer-Center School Dist.
540 F.3d 231, 244 , 3rd Cir.(Pa.)
Aug. 21, 2008 Case
—
EDUCATION - Civil Rights. Pennsylvania law
governing reporting requirements of home-schooled
children was not unconstitutional.
Distinguished
by
277. United Youth Careers, Inc. v. City of Ames, Jan. 27, 2006
IA
412 F.Supp.2d 994, 1008+ , S.D.Iowa
Case
—
Oct. 10, 2002
Case
—
Mar. 02, 2001
Case
—
Mar. 28, 1944
Case
CIVIL RIGHTS - Free Speech. City solicitation
ordinance's requirement for $500,000 insurance
policy violated First Amendment.
Distinguished
by
278. May v. McNally
55 P.3d 768, 774+ , Ariz.
GOVERNMENT - Elections. Fine surcharge
allocated to campaigns in viewpoint neutral manner
did not violate First Amendment rights of fine
payers.
Distinguished
by
279. Singleton v. Smith
241 F.3d 534, 538 , 6th Cir.(Ohio)
LITIGATION - Prisoners. PLRA could not be applied
retroactively to eliminate inmate's post-assessment
indigency challenge to costs.
Distinguished
by
280. Ex parte Porterfield
147 P.2d 15, 21+ , Cal.App. 3 Dist.
6
10
S.Ct.
Proceeding in the matter of the application on behalf
of James Porterfield for a writ of habeas corpus.
Writ discharged. PEEK, J., dissenting.
Cited by
281. District of Columbia v. Heller
128 S.Ct. 2783, 2867 , U.S.
Jun. 26, 2008
Case
—
CIVIL RIGHTS - Right to Bear Arms. District of
Columbia gun restrictions were unconstitutional
given individual rights conferred by Second
Amendment.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
57
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
Date
Type
Depth
Headnote(s)
Jun. 11, 2001
Case
—
283. City of Cincinnati v. Discovery Network, Mar. 24, 1993
Inc.
113 S.Ct. 1505, 1512 , U.S.Ohio
Case
—
Jun. 24, 1991
Case
—
Jun. 27, 1988
Case
282. Good News Club v. Milford Central
School
121 S.Ct. 2093, 2107+ , U.S.
EDUCATION - Religion. Exclusion of Christian
club from after hours use of school premises was
unconstitutional.
Cited by
FIRST AMENDMENT - News Racks. City could not
order removal of news racks.
Cited by
284. Cohen v. Cowles Media Co.
111 S.Ct. 2513, 2518 , U.S.Minn.
Confidential source of information brought action
against newspaper publishers to recover for breach
of contract and misrepresentation after publishers
revealed his identity. The...
Cited by
285. Frisby v. Schultz
108 S.Ct. 2495, 2503 , U.S.Wis.
4
S.Ct.
Abortion protesters brought suit seeking to enjoin
enforcement of a municipal ordinance prohibiting
picketing before or about residence or dwelling of
any individual. The United...
Cited by
286. Employment Div., Dept. of Human
Resources of State of Or. v. Smith
108 S.Ct. 1444, 1450 , U.S.Or.
Apr. 27, 1988
Case
5
S.Ct.
Claimant sought review of denial of unemployment
compensation benefits. The Oregon Court of
Appeals, 75 Or.App. 764, 709 P.2d 246, reversed
and remanded. The Oregon Supreme...
Cited by
287. Marsh v. Chambers
103 S.Ct. 3330, 3341 , U.S.Neb.
Jul. 05, 1983
Case
4
S.Ct.
Taxpayer, a state legislator, brought action
challenging constitutionality of practice of Nebraska
legislature of opening each session with a prayer by
a chaplain paid with public...
Cited by
288. Bolger v. Youngs Drug Products Corp.
103 S.Ct. 2875, 2881 , U.S.Dist.Col.
Jun. 24, 1983
Case
6
S.Ct.
Manufacturer and distributor of contraceptives
brought action challenging federal statute
prohibiting unsolicited mailing of contraceptive
advertisements. The United States...
Cited by
289. Minneapolis Star and Tribune Co. v.
Minnesota Com'r of Revenue
103 S.Ct. 1365, 1373+ , U.S.Minn.
Mar. 29, 1983
Case
—
Newspaper brought an action seeking a refund
of use taxes imposed on the cost of paper and
ink products consumed in the production of its
publication. The District Court,...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
58
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
290. Larson v. Valente
102 S.Ct. 1673, 1678+ , U.S.Minn.
Date
Apr. 21, 1982
Type
Case
Depth
Headnote(s)
5
S.Ct.
An order of the United States District Court for
the District of Minnesota permanently enjoined
enforcement of the Minnesota charitable solicitation
statute. The Court of...
Cited by
291. U.S. v. Lee
102 S.Ct. 1051, 1056 , U.S.Pa.
Feb. 23, 1982
Case
Jul. 02, 1981
Case
—
Employer, a member of the Old Order Amish who
employed several other Amish to work on his farm
and in his carpentry shop, sued for refund of taxes,
claiming that imposition of...
Cited by
292. Metromedia, Inc. v. City of San Diego
101 S.Ct. 2882, 2891+ , U.S.Cal.
9
S.Ct.
Billboard owners brought action to enjoin a city's
enforcement of a billboard ordinance. The
California Supreme Court, 26 Cal.3d 848, 164
Cal.Rptr. 510, 610 P.2d 407, reversed a...
Cited by
Jun. 25, 1981
Case
294. Heffron v. International Soc. for Krishna Jun. 22, 1981
Consciousness, Inc.
101 S.Ct. 2559, 2563+ , U.S.Minn.
Case
293. U. S. Postal Service v. Council of
Greenburgh Civic Associations
101 S.Ct. 2676, 2692+ , U.S.N.Y.
—
Action was brought for declaratory and injunctive
relief from the Postal Service's threatened
enforcement of a federal statute prohibiting the
deposit of unstamped mailable matter...
Cited by
4
S.Ct.
Members of religious sect, one whose doctrines
require its members to go out into public places to
distribute or sell religious literature and to solicit
donations, brought action...
Cited by
295. Village of Schaumburg v. Citizens for a
Better Environment
100 S.Ct. 826, 832 , U.S.Ill.
Feb. 20, 1980
Case
5
S.Ct.
Suit was brought against a village seeking
declaratory and injunctive relief with respect to
an ordinance prohibiting door-to-door or on-street
solicitation of contributions by...
Cited by
296. McDaniel v. Paty
98 S.Ct. 1322, 1327+ , U.S.Tenn.
Apr. 19, 1978
Case
2
S.Ct.
A candidate for delegate to a Tennessee
constitutional convention brought an action for
declaratory judgment that an opponent, who was a
Baptist minister, was disqualified to...
Cited by
297. Jones v. North Carolina Prisoners'
Labor Union, Inc.
97 S.Ct. 2532, 2548 , U.S.N.C.
Jun. 23, 1977
Case
1
S.Ct.
Prison inmate “labor union” brought civil rights suit
against members of the North Carolina Department
of Correction challenging regulations which
prohibited inmates from...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
59
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
298. Virginia State Bd. of Pharmacy v.
Virginia Citizens Consumer Council, Inc.
96 S.Ct. 1817, 1824+ , U.S.Va.
Date
May 24, 1976
Type
Case
Depth
Headnote(s)
9
S.Ct.
Consumers of prescription drugs brought suit
against the Virginia State Board of Pharmacy and
its individual members, challenging the validity of a
Virginia statute declaring it...
Cited by
299. Bigelow v. Virginia
95 S.Ct. 2222, 2231 , U.S.Va.
Jun. 16, 1975
Case
5
S.Ct.
Editor of weekly Virginia newspaper was convicted
before the Circuit Court, Albemarle County, of
violating Virginia statute making it a misdemeanor,
by the sale or circulation of...
Cited by
300. Meek v. Pittenger
95 S.Ct. 1753, 1756 , U.S.Pa.
May 19, 1975
Case
1
S.Ct.
Individuals and various organizations brought
an action against the Pennsylvania Secretary
of Education and others challenging, on First
Amendment grounds, the constitutionality of...
Cited by
Oct. 29, 1974
Case
302. Committee For Public Ed. and Religious Jun. 25, 1973
Liberty v. Nyquist
93 S.Ct. 2955, 2959 , U.S.N.Y.
Case
301. U. S. v. American Friends Service
Committee
95 S.Ct. 13, 18 , U.S.Pa.
—
An action was brought by a religious corporation for
refund of withholding taxes, and by two present or
former employees to challenge withholding of their
taxes on the ground that...
Cited by
1
S.Ct.
Action was brought challenging constitutionality
of New York statute relating to aid to nonpublic
schools. A Three-Judge District Court for the
Southern District of New York, 350...
Cited by
303. Joint Brief of Amici Curiae
Pittsburgh Press Co. v. The Pittsburgh Com'n on
Human
1973 WL 172002, *172002 , U.S.
Feb. 15, 1973
Case
—
The American Veterans Committee, Inc. (AVC) is
a nationwide organization of veterans who served
honorably in the Armed Forces of the United States
during World War I, World War II,...
Cited by
304. California v. LaRue
93 S.Ct. 390, 406 , U.S.Cal.
Dec. 05, 1972 Case
2
9
10
S.Ct.
Actions were brought by various holders of
California liquor licenses and dancers at licensed
premises challenging constitutionality of state-wide
rules adopted by Department of...
Cited by
305. Evansville-Vanderburgh Airport
Authority Dist. v. Delta Airlines, Inc.
92 S.Ct. 1349, 1360 , U.S.Ind.
Apr. 19, 1972
Case
7
S.Ct.
Actions by airlines challenging constitutionality of
charges of one dollar levied by a state and by a
municipality on persons enplaning a scheduled
commercial airliner to help...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
60
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
306. Eisenstadt v. Baird
92 S.Ct. 1029, 1039 , U.S.Mass.
Date
Mar. 22, 1972
Type
Case
Depth
Headnote(s)
9
S.Ct.
Habeas corpus proceeding. The United States
District Court for the District of Massachusetts, 310
F.Supp. 951, dismissed petition, and petitioner
appealed. The United States Court...
Cited by
307. Chimel v. California
89 S.Ct. 2034, 2045 , U.S.Cal.
Jun. 23, 1969
Case
Jun. 10, 1968
Case
—
Burglary prosecution. The Superior Court, Orange
County, California, rendered judgment, and
defendant appealed. The California Supreme Court,
68 Cal.2d 436, 67 Cal.Rptr. 421, 439...
Cited by
308. Flast v. Cohen
88 S.Ct. 1942, 1955+ , U.S.N.Y.
7
S.Ct.
Action by federal taxpayers to enjoin expenditure of
federal funds for purchase of textbooks and other
instructional materials for use in parochial schools.
A three-judge panel of...
Cited by
309. Zwickler v. Koota
88 S.Ct. 391, 399+ , U.S.N.Y.
Dec. 05, 1967 Case
—
Action for declaratory and injunctive relief against
state statute. The United States District Court for
the Eastern District of New York, a three-judge
court, 261 F.Supp. 985,...
Cited by
310. Walker v. City of Birmingham
87 S.Ct. 1824, 1839 , U.S.Ala.
Jun. 12, 1967
Case
4
S.Ct.
Proceeding to review criminal contempt convictions
for violating temporary injunction issued by Circuit
Court, Jefferson County, Alabama. The Supreme
Court of Alabama, 279 Ala....
Cited by
311. Harper v. Virginia State Bd. of Elections Mar. 24, 1966
86 S.Ct. 1079, 1080+ , U.S.Va.
Case
—
Suits by Virginia residents to have poll tax declared
unconstitutional. The United States District Court
for the Eastern District of Virginia, as a three-judge
court, 240 F.Supp....
Cited by
312. Fairfax Family Fund, Inc. v. California
86 S.Ct. 34, 35+ , U.S.Cal.
Oct. 11, 1965
Case
7
10
S.Ct.
Facts and opinion, People of State of California v.
Fairfax Family Fund, Inc., 235 Cal.App.2d 881, 47
Cal.Rptr. 812.
Cited by
313. Cameron v. Johnson
85 S.Ct. 1751, 1754 , U.S.Miss.
Jun. 07, 1965
Case
—
May 24, 1965
Case
—
Appeal from the United States District Court for the
Southern District of Mississippi.
Cited by
314. Lamont v. Postmaster General of U. S.
85 S.Ct. 1493, 1496+ , U.S.N.Y.
Actions to enjoin enforcement of statute relating to
detention and destruction of unsealed mail matter
constituting communist political propaganda from
foreign countries. In one...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
61
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
315. Dombrowski v. Pfister
85 S.Ct. 1116, 1120+ , U.S.La.
Date
Type
Depth
Headnote(s)
Apr. 26, 1965
Case
—
Jun. 17, 1963
Case
—
Jun. 17, 1963
Case
Action under Civil Rights Act for declaratory
relief and injunction restraining defendants from
prosecuting or threatening to prosecute plaintiffs for
alleged violations of...
Cited by
316. School Dist. of Abington Tp., Pa. v.
Schempp
83 S.Ct. 1560, 1568+ , U.S.Pa.
Two companion cases presenting issues in the
context of state action requiring that schools begin
each day with readings from the Bible. In one case,
No. 142, an action by parents...
Cited by
317. Sherbert v. Verner
83 S.Ct. 1790, 1793+ , U.S.S.C.
5
6
S.Ct.
Proceeding on claim for unemployment
compensation benefits. From a judgment of the
Common Pleas Court, Spartanburg County, South
Carolina, the claimant appealed. The Supreme...
Cited by
318. Communist Party of U.S. v. Subversive
Activities Control Bd.
81 S.Ct. 1357, 1449 , U.S.Dist.Col.
Jun. 05, 1961
Case
—
May 29, 1961
Case
—
May 29, 1961
Case
—
May 22, 1961
Case
Proceeding for review of an order of the Subversive
Activities Control Board declaring the Communist
Party a Communist-action organization required to
register with the Attorney...
Cited by
319. McGowan v. Maryland
81 S.Ct. 1218, 1218+ , U.S.Md.
Dissenting opinion. For majority opinions see 81
S.Ct. 1101, 1122, 1135, 1144.
Cited by
320. Braunfeld v. Brown
81 S.Ct. 1144, 1148+ , U.S.Pa.
Action to enjoin enforcement of Pennsylvania
criminal statute, proscribing Sunday retail sale of
certain enumerated commodities, on grounds that
statute was law respecting...
Cited by
321. Eli Lilly & Co. v. Sav-On-Drugs, Inc.
81 S.Ct. 1316, 1324 , U.S.N.J.
7
S.Ct.
An Indiana corporation, which was not registered
in New Jersey in accordance with New Jersey
statutes, brought an action in New Jersey under the
New Jersey Fair Trade Act to enjoin...
Cited by
322. Northwestern States Portland Cement
Co. v. State of Minn.
79 S.Ct. 357, 365 , U.S.
Feb. 24, 1959
Case
6
S.Ct.
The State of Minnesota brought action against
foreign corporation to collect income taxes. The
District Court, Hennepin County, entered judgment
for the State of Minnesota, and...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
62
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
323. Ullmann v. U.S.
76 S.Ct. 497, 507 , U.S.N.Y.
Date
Type
Mar. 26, 1956
Case
Oct. 12, 1953
Case
Depth
Headnote(s)
—
Defendant was convicted in the United States
District Court for the Southern District of New
York of contempt in failing to answer questions
propounded before grand jury, and he...
Cited by
324. Corona Daily Independent v. City of
Corona
74 S.Ct. 2, 3+ , U.S.Cal.
7
S.Ct.
Petition for a Writ of Certiorari to the District Court of
Appeal, Fourth Appellate District, State of California.
Petition for writ of certiorari to the District Court of
Appeal...
Cited by
325. Dameron v. Brodhead
73 S.Ct. 721, 724 , U.S.Colo.
Apr. 06, 1953
Case
9
S.Ct.
Suit by Army officer, who was domiciled in
Louisiana, to recover personal property taxes paid
in Colorado for year during which officer resided
therein because of military...
Cited by
326. U.S. v. Rumely
73 S.Ct. 543, 551 , U.S.Dist.Col.
Mar. 09, 1953
Case
6
S.Ct.
Defendant was convicted in the United States
District Court for the District of Columbia of
refusing to answer questions propounded before a
congressional committee investigating...
Cited by
327. Bode v. Barrett
73 S.Ct. 468, 470 , U.S.Ill.
Feb. 09, 1953
Case
7
S.Ct.
Actions to have S.H.A.Ill., ch. 95 1/2, ss 9, 12a, 22,
imposing a license tax, measured exclusively by
gross weight of vehicle, on owners of certain motor
vehicles for the use of...
Cited by
328. Beauharnais v. People of State of Ill.
72 S.Ct. 725, 745 , U.S.Ill.
Apr. 28, 1952
Case
Jun. 27, 1949
Case
—
Prosecution for violating an Illinois statute forbidding
any person from exhibiting any lithograph which
portrayed lack of virtue of a class of citizens. The
Municipal Court of...
Cited by
329. Brinegar v. U.S.
69 S.Ct. 1302, 1313+ , U.S.Okla.
9
S.Ct.
Virgil T. Brinegar was convicted of importing
intoxicating liquor into Oklahoma from Missouri in
violation of the Liquor Enforcement Act of 1936.
Judgment of conviction was...
Cited by
330. Kovacs v. Cooper
69 S.Ct. 448, 452+ , U.S.N.J.
Jan. 31, 1949
Case
—
Charles Kovacs was convicted by Albert Cooper,
Jr., Judge of the First District Police Court of
Trenton, N.J., of violation of an ordinance of the city
of Trenton prohibiting use...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
63
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
331. Cox v. U.S.
68 S.Ct. 115, 121 , U.S.Idaho
Date
Type
Depth
Headnote(s)
Nov. 24, 1947 Case
—
Feb. 10, 1947
Case
—
Jun. 03, 1946
Case
—
May 07, 1945
Case
—
Oct. 09, 1944
Case
Wesley William Cox, Theodore Romaine
Thompson, and Wilbur Roisum were convicted of
absence without leave from a civilian public service
camp, which conviction was affirmed on...
Cited by
332. United Public Workers of America
(C.I.O.) v. Mitchell
67 S.Ct. 556, 582 , U.S.Dist.Col.
Action by the United Public Workers of America
(C.I.O.) and others against Harry B. Mitchell and
others, to enjoin enforcement as to petitioners of a
provision in Section 9(a) of...
Cited by
333. Pennekamp v. State of Fla.
66 S.Ct. 1029, 1037 , U.S.Fla.
John D. Pennekamp and the Miami Herald
Publishing Company were adjudged to be in
contempt of court, and to review a judgment of the
Supreme Court of Florida, 22 So.2d 875, which...
Cited by
334. Screws v. U.S.
65 S.Ct. 1031, 1033 , U.S.Ga.
M. Claude Screws, Frank Edward Jones and Jim
Bob Kelley were convicted of violating, and of
a conspiracy to violate, Criminal Code, s 20, 18
U.S.C.A. s 52, penalizing willful...
Cited by
335. Taylor v. Payne
65 S.Ct. 49, 49 , U.S.Fla.
8
S.Ct.
Appeal from the Supreme Court of Florida. Facts
and opinion, 17 So.2d 615.
Cited by
336. U.S. v. Ballard
64 S.Ct. 882, 887 , U.S.Cal.
Apr. 24, 1944
Case
9
S.Ct.
On Writ of Certiorari to the United States Circuit
Court of Appeals for the Ninth Circuit. Edna W.
Ballard and Donald Ballard were convicted of using
and conspiring to use the...
Cited by
337. Martin v. City of Struthers, Ohio
63 S.Ct. 862, 867 , U.S.Ohio
May 03, 1943
Case
10
S.Ct.
On Appeal from the Supreme Court of the State
of Ohio. Thelma Martin was convicted of violating
an ordinance of the City of Struthers, Ohio. The
Supreme Court of Ohio, 139 Ohio...
Cited by
338. Watchtower Bible and Tract Society of New Feb. 07, 2011
York, Inc. v. Segardia De Jesus
634 F.3d 3, 6 , 1st Cir.(Puerto Rico)
Case
6
S.Ct.
CIVIL RIGHTS - Free Press. Law allowing
neighborhoods to close off access to public streets
did not violate First Amendment.
Cited by
339. Ridley v. Massachusetts Bay Transp.
Authority
390 F.3d 65, 99 , 1st Cir.(Mass.)
Nov. 29, 2004 Case
—
CIVIL RIGHTS - Free Speech. Rejection of
advertisements raising questions on marijuana laws
was viewpoint discrimination.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
64
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
340. Strout v. Albanese
178 F.3d 57, 59 , 1st Cir.(Me.)
Date
May 27, 1999
Type
Case
Depth
Headnote(s)
1
S.Ct.
Parents of parochial school students brought
action against state Commissioner of Education for
declaratory judgment as to constitutionality of state
statute authorizing direct...
Cited by
341. Jews for Jesus, Inc. v. Massachusetts
Bay Transp. Authority
984 F.2d 1319, 1324 , 1st Cir.(Mass.)
Feb. 05, 1993
Case
—
Nov. 04, 1976 Case
—
Dec. 12, 2001 Case
—
Plaintiffs challenged constitutionality of guidelines
of Massachusetts Bay Transit Authority (MBTA) for
noncommercial expressive activity in designated
areas of subway stations. ...
Cited by
342. Securities and Exchange Commission v.
World Radio Mission, Inc.
544 F.2d 535, 538 , 1st Cir.(N.H.)
Action was brought by Securities and Exchange
Commission to enjoin religious organization and its
leader from violating antifraud provisions of 1933
and 1934 Securities Act. The...
Cited by
343. Knight v. Connecticut Dept. of Public
Health
275 F.3d 156, 166 , 2nd Cir.(Conn.)
LABOR AND EMPLOYMENT - Public Employment.
State's restrictions on employees' promoting
religious beliefs when working with clients upheld.
Cited by
344. National Awareness Foundation v.
Abrams
50 F.3d 1159, 1165+ , 2nd Cir.(N.Y.)
Mar. 28, 1995
Case
9
10
S.Ct.
Professional fund-raisers brought action against
state to challenge constitutionality of statute
requiring them to register and to pay $80 fee. The
United States District Court...
Cited by
345. Gannett Satellite Information Network,
Inc. v. Metropolitan Transp. Authority
745 F.2d 767, 774+ , 2nd Cir.(N.Y.)
Sep. 28, 1984 Case
6
10
S.Ct.
Publisher of nationally circulated morning
newspaper commenced suit to enjoin transportation
authority from interfering, through the imposition of
fees or conditions, with...
Cited by
346. Brandon v. Board of Ed. of Guilderland
Central School Dist.
635 F.2d 971, 976 , 2nd Cir.(N.Y.)
Nov. 17, 1980 Case
—
Oct. 30, 1978
—
Students who organized a group called “Students
for Voluntary Prayer” instituted action for
declaratory, injunctive and monetary relief against
alleged unconstitutional refusal to...
Cited by
347. Council of Greenburgh Civic Associations
v. U.S. Postal Service
586 F.2d 935, 939 , 2nd Cir.(N.Y.)
Case
Two nonpartisan civic organizations sought
declaratory and injunctive relief on First Amendment
grounds from threat of enforcement of the statute
prohibiting deposit of unstamped...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
65
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
348. U. S. Labor Party v. Codd
527 F.2d 118, 120 , 2nd Cir.(N.Y.)
Date
Type
Depth
Headnote(s)
Dec. 09, 1975 Case
—
Apr. 30, 1974
Case
—
Mar. 17, 1971
Case
On appeal from a decision of the United States
District Court for the Eastern District of New York,
Jack B. Weinstein, J., 391 F.Supp. 920, which found
section 435-6.0(h) of the...
Cited by
349. Buckley v. American Federation of
Television and Radio Artists
496 F.2d 305, 311 , 2nd Cir.(N.Y.)
Labor union appealed from judgment of the United
States District Court for the Southern District of New
York, Charles L. Brieant, Jr., J., 354 F.Supp. 823,
which held that...
Cited by
350. Hull v. Petrillo
439 F.2d 1184, 1186 , 2nd Cir.(N.Y.)
8
S.Ct.
Appeal from denial of preliminary injunction and
dismissal of civil rights action against City officials
in the United States District Court for the Southern
District of New York,...
Cited by
351. Katz v. McAulay
438 F.2d 1058, 1060+ , 2nd Cir.(N.Y.)
Feb. 11, 1971
Case
2
S.Ct.
Proceeding on high school students' motion for
a preliminary injunction against enforcement by
school officials of Board of Regents rule prohibiting
solicitation of funds from...
Cited by
352. Frantz v. Gress
359 Fed.Appx. 301, 303 , 3rd Cir.(Pa.)
Dec. 30, 2009 Case
2
5
S.Ct.
CIVIL RIGHTS - Arrest and Detention. Officer had
probable cause to arrest individual distributing
religious leaflets.
Cited by
353. Fabulous Associates, Inc. v. Pennsylvania
Public Utility Com'n
896 F.2d 780, 787 , 3rd Cir.(Pa.)
Feb. 16, 1990
Case
—
Case
—
Providers of sexually explicit telephone message
services brought action challenging constitutionality
of Pennsylvania statute restricting access to those
services. The United...
Cited by
354. Erie Telecommunications, Inc. v. City of Jul. 28, 1988
Erie, Pa.
853 F.2d 1084, 1098 , 3rd Cir.(Pa.)
Cable operator commenced action against city,
challenging validity of franchise agreement and
related side access agreement. The United States
District Court for the Western...
Cited by
355. Linmark Associates, Inc. v. Willingboro
Tp.
535 F.2d 786, 814 , 3rd Cir.(N.J.)
Apr. 28, 1976
Case
6
S.Ct.
Corporate owner of residential property, realtor, and
real estate salesman brought action challenging
township ordinance which banned “For Sale” and
“Sold” signs from residential...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
66
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
356. O'Malley v. Brierley
477 F.2d 785, 790+ , 3rd Cir.(Pa.)
Date
Apr. 30, 1973
Type
Case
Depth
Headnote(s)
2
5
S.Ct.
Action by clergymen and prisoners contending
that First Amendment rights were abridged when
state prison officials withdrew from the clergymen
previously granted privileges to...
Cited by
357. American Civil Liberties Union v. Holder
2011 WL 1108252, *15 , 4th Cir.(Va.)
Mar. 28, 2011
Case
—
GOVERNMENT - False Claims. Seal provisions
of False Claims Act did not facially violate First
Amendment.
Cited by
358. (CA-01-115) Giovani Carandola, Limited,
etc., et al., Plaintiffs--Appellees, v. George
Bason, etc., et al., Defendants--Appellants.
4th Cir.
Aug. 30, 2002 Case
—
Cited by
359. Giovani Carandola, Ltd. v. Bason
303 F.3d 507, 512 , 4th Cir.(N.C.)
Aug. 30, 2002 Case
—
CIVIL RIGHTS - Free Speech. State could be
enjoined from enforcing prohibition on simulated
sexual acts on licensed premises.
Cited by
360. Center for Auto Safety Inc. v. Athey
37 F.3d 139, 145 , 4th Cir.(Md.)
Oct. 06, 1994
Case
10
S.Ct.
Nonprofit organization brought action against
Maryland's Secretary of State to challenge
constitutionality of charitable organizations
solicitation law which establishes sliding...
Cited by
361. Edwards v. Maryland State Fair and Agr. Aug. 12, 1980 Case
Soc., Inc.
628 F.2d 282, 287 , 4th Cir.(Md.)
—
Religious group brought action challenging “booth
rule” at Maryland State Fair. The United States
District Court for the District of Maryland, Joseph H.
Young, J., 476 F.Supp....
Cited by
362. U.S. v. Snider
502 F.2d 645, 650 , 4th Cir.(N.C.)
Jul. 02, 1974
Case
7
S.Ct.
In the United States District Court for the Middle
District of North Carolina, at Greensboro, Hiram
H. Ward, J., defendant was convicted of willfully
supplying his employer with...
Cited by
363. Spence v. Cole
137 F.2d 71, 72 , C.C.A.4 (N.C.)
Jul. 14, 1943
Case
—
Jul. 31, 2000
Case
—
5. Courts 508(7) The arrest by federal courts of the
processes of the criminal law within the states, and
the determination of questions of criminal liability
under state law by...
Cited by
364. Peavy v. WFAA-TV, Inc.
221 F.3d 158, 185 , 5th Cir.(Tex.)
CIVIL RIGHTS - Privacy. Proscription on use and
disclosure of intercepted communications did not
violate First Amendment.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
67
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
365. International Soc. for Krishna
Consciousness of Atlanta v. Eaves
601 F.2d 809, 826 , 5th Cir.(Ga.)
Date
Type
Aug. 30, 1979 Case
Depth
Headnote(s)
4
S.Ct.
Religious organization and others brought suit to
challenge as unconstitutional a municipal ordinance
regulating distribution of literature and solicitation of
funds at city-owned...
Cited by
366. U.S. v. Crouch
415 F.2d 425, 431 , 5th Cir.(La.)
Sep. 04, 1969 Case
—
Jan. 11, 1960
Case
—
Jul. 20, 1956
Case
—
Mar. 26, 1953
Case
—
Apr. 25, 2000
Case
—
Feb. 04, 1976
Case
Defendant was convicted in the United States
District Court for the Western District of Louisiana,
Richard J. Putnam, J., of refusing to report for work
contributing to health and...
Cited by
367. Empire Pictures Distributing Co. v. City of
Fort Worth
273 F.2d 529, 538 , 5th Cir.(Tex.)
Action, brought by owners of rights to exhibit
and distribute film, for adjudication that two city
ordinances creating misdemeanors and prohibiting
exhibition of obscene materials...
Cited by
368. Denton v. City of Carrollton, Ga.
235 F.2d 481, 490 , 5th Cir.(Ga.)
Action by labor organizer and his union to enjoin
municipality from instituting criminal proceedings
under ordinance requiring any person engaged in
occupation of labor union agent...
Cited by
369. Neal v. U.S.
203 F.2d 111, 117 , 5th Cir.(Tex.)
Defendant, who had originally claimed draft
exemption as conscientious objector and as
ordained minister, but who subsequently signed
statement waiving claim as conscientious...
Cited by
370. American Civil Liberties Union of Ohio
v. Capitol Square Review and Advisory Bd.
210 F.3d 703, 705 , 6th Cir.(Ohio)
CIVIL RIGHTS - Religion. Ohio motto, “With God All
Things are Possible,” is unconstitutional under the
Establishment Clause.
Cited by
371. U.S. v. Warin
530 F.2d 103, 107+ , 6th Cir.(Ohio)
9
S.Ct.
Defendant was convicted in the District Court for
the Northern District of Ohio, Don J. Young, J.,
of possessing a submachine gun which was not
registered to him and he appealed....
Cited by
372. Fuqua v. United Steelworkers of America
(AFL-CIO)
253 F.2d 594, 596 , 6th Cir.(Ky.)
Mar. 28, 1958
Case
—
Action by labor union and individual members
thereof to enjoin enforcement of city ordinance
which required a labor organizer or a labor solicitor
to secure license and which made...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
68
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
373. Bradford v. City of Somerset, Ky
138 F.2d 308, 308 , C.C.A.6 (Ky.)
Date
Oct. 20, 1943
Type
Case
Depth
Headnote(s)
9
S.Ct.
Appeal from the District Court of the United States
for the Eastern District of Kentucky; Hiram Church
Ford, Judge. Action by Edith D. Bradford and others
against City of Somerset,...
Cited by
374. International Soc. for Krishna
Consciousness v. Rochford
585 F.2d 263, 270 , 7th Cir.(Ill.)
Oct. 06, 1978
Case
4
S.Ct.
Religious organization brought suit to challenge as
unconstitutional certain regulations adopted by city
commissioner of aviation which generally restricted
the distribution of...
Cited by
375. U.S. v. Ransom
223 F.2d 15, 18 , 7th Cir.(Ill.)
Jun. 16, 1955
Case
Mar. 26, 2002
Case
—
Defendant was convicted of refusal to perform
civilian work prescribed by Universal Military
Training and Service Act. The United States District
Court for the Northern District...
Cited by
376. Jake's, Ltd., Inc. v. City of Coates
284 F.3d 884, 890+ , 8th Cir.(Minn.)
10
S.Ct.
CIVIL RIGHTS - Free Speech. Ordinance governing
location of adult entertainment facility was
constitutional.
Cited by
377. Steele v. City of Bemidji
257 F.3d 902, 908 , 8th Cir.(Minn.)
Jul. 30, 2001
Case
10
S.Ct.
CIVIL RIGHTS - Free Press. Solicitation and
obstruction ordinances were unconstitutional prior
restraints on speech.
Cited by
378. Tarsney v. O'Keefe
225 F.3d 929, 937 , 8th Cir.(Minn.)
Sep. 11, 2000 Case
6
S.Ct.
CIVIL RIGHTS - Parties. Taxpayers lacked standing
to raise Free Exercise Clause challenge to statefunded abortions.
Cited by
379. Jacobsen v. Crivaro
851 F.2d 1067, 1071 , 8th Cir.(Iowa)
Jul. 13, 1988
Case
Jul. 01, 1987
Case
—
Newspaper publisher sought to enjoin enforcement
of local ordinances regulating size and placement of
newspaper vending machines and providing for $10
annual licensing fee for a...
Cited by
380. Staples v. C.I.R.
821 F.2d 1324, 1325+ , 8th Cir.
5
S.Ct.
Taxpayers appealed from order of the United
States Tax Court, denying federal tax deduction for
payments made to Church of Scientology. The
Court of Appeals, Fagg, Circuit Judge,...
Cited by
381. Mueller v. Allen
676 F.2d 1195, 1197 , 8th Cir.(Minn.)
Apr. 30, 1982
Case
1
S.Ct.
Suit was brought challenging constitutionality of
statute authorizing taxpayers to claim income tax
deductions for their dependent's tuition, textbooks,
and transportation...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
69
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
Date
Mar. 24, 1969
382. Sharp v. Sigler
408 F.2d 966, 970 , 8th Cir.(Neb.)
Type
Case
Depth
Headnote(s)
4
5
9
S.Ct.
Proceedings on petitions by state prisoners seeking
right to attend religious services. The United States
District Court for the District of Nebraska, Robert
Van Pelt, J., 277...
Cited by
383. Whisler v. City of West Plains, Mo.
137 F.2d 938, 938 , C.C.A.8 (Mo.)
Oct. 06, 1943
Case
6
S.Ct.
Appeal from the District Court of the United States
for the Western District of Missouri; Albert L.
Reeves, Judge. Action by A. F. Whisler and others
against the City of West...
Cited by
Sep. 18, 2006 Case
384. Klein v. San Diego County
463 F.3d 1029, 1039 , 9th Cir.(Cal.)
—
GOVERNMENT - Municipalities. County residential
picketing ordinance was a valid time, place, and
manner restriction on speech.
Cited by
385. Southern Oregon Barter Fair v. Jackson Jun. 24, 2004
County, Oregon
372 F.3d 1128, 1139 , 9th Cir.(Or.)
Case
—
Case
—
CIVIL RIGHTS - Free Speech. Oregon Mass
Gathering Act did not confer unbridled discretion to
issue permits on county.
Cited by
386. Cole v. Oroville Union High School Dist. Oct. 02, 2000
228 F.3d 1092, 1104 , 9th Cir.(Cal.)
EDUCATION - Religion. Allowing sectarian and
proselytizing high school valedictory speech would
violate Establishment Clause
Cited by
Jan. 14, 1999
387. Thomas v. Anchorage Equal Rights
Com'n
165 F.3d 692, 702+ , 9th Cir.(Alaska)
Case
9
S.Ct.
Owners of residential rental properties who refused
to rent to unmarried couples brought action against
state human rights official, city, and city's equal
rights commission,...
Cited by
Petitioner who was convicted under California
antipiracy statute, 235 Cal.App.3d 586, 286
Cal.Rptr. 734, filed petition for habeas corpus.
United States District Court for...
Cited by
Jun. 07, 1994
388. Anderson v. Nidorf
26 F.3d 100, 103 , 9th Cir.(Cal.)
Case
6
S.Ct.
The
389. Richter v. Department of Alcoholic
Beverage Control of State of Cal.
559 F.2d 1168, 1172 , 9th Cir.(Cal.)
Aug. 29, 1977 Case
—
Action was brought by operator of California
establishment, which served alcoholic beverages
and which offered public performances of nude
dancing proscribed by California...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
70
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
390. Baldwin v. Redwood City
540 F.2d 1360, 1371+ , 9th Cir.(Cal.)
Date
Type
Aug. 09, 1976 Case
Depth
Headnote(s)
2
5
S.Ct.
Property owners, residents and registered voters
of city brought action against city, mayor, and
city building official, challenging city ordinances
governing display of temporary...
Cited by
391. Autenrieth v. Cullen
418 F.2d 586, 589 , 9th Cir.(Cal.)
Nov. 10, 1969 Case
6
S.Ct.
Action wherein 124 plaintiffs sought refunds of
federal income taxes. The United States District
Court for the Northern District of California, A. J.
Zirpoli, J., 279 F.Supp. 156,...
Cited by
392. Watchtower Bible & Tract Soc. v. Los
Angeles County
181 F.2d 739, 740+ , 9th Cir.(Cal.)
Apr. 29, 1950
Case
10
S.Ct.
The Watchtower Bible & Tract Society, Inc., sued
the County of Los Angeles, California, and others
for a declaratory judgment, holding the California
statutes imposing personal...
Cited by
393. Alesna v. Rice
172 F.2d 176, 178 , 9th Cir.(Hawai'i)
Jan. 14, 1949
Case
—
Apr. 01, 1988
Case
—
Mar. 07, 1984
Case
—
Oct. 21, 1980
Case
Appeal from the District Court of the United States
for the Territory of Hawaii; J. Frank McLaughlin,
Judge. Action by Constancio R. Alesna and others
against Philip L. Rice, as...
Cited by
394. Christiansen v. C.I.R.
843 F.2d 418, 421 , 10th Cir.
Taxpayers brought action challenging determination
by Internal Revenue Service that payments made
to church for auditing and training services were not
deductible as charitable...
Cited by
395. Ballinger v. C.I.R.
728 F.2d 1287, 1290 , 10th Cir.
Ordained minister appealed from decision of the
United States Tax Court, 78 T.C. 752, upholding
IRS denial of his application for exemption from tax
on self-employment income. ...
Cited by
396. Espinosa v. Rusk
634 F.2d 477, 480 , 10th Cir.(N.M.)
1
S.Ct.
Church brought action to enjoin enforcement of
city ordinance involving licensing and regulation of
solicitation carried on by charitable organizations.
The United States District...
Cited by
397. Atlanta Journal and Constitution v. City Jan. 04, 2002
of Atlanta Dept. of Aviation
277 F.3d 1322, 1327 , 11th Cir.(Ga.)
Case
—
CIVIL RIGHTS - Free Speech. Plan governing sale
of newspapers at airport violated First Amendment.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
71
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
398. Church of Scientology Flag Service
Organization, Inc. v. City of Clearwater
2 F.3d 1514, 1543+ , 11th Cir.(Fla.)
Date
Type
Sep. 30, 1993 Case
Depth
Headnote(s)
9
10
S.Ct.
Church brought action challenging city's charitable
solicitation ordinance. The United States District
Court for the Middle District of Florida, No. 84-719CIV-T-17,Elizabeth A....
Cited by
399. Taylor v. City of Fort Lauderdale
810 F.2d 1551, 1554 , 11th Cir.(Fla.)
Mar. 02, 1987
Case
—
May 14, 1996
Case
—
Evangelical religious organization challenged
as unconstitutional a city charitable solicitation
ordinance. The United States District Court for the
Southern District of Florida,...
Cited by
400. E.E.O.C. v. Catholic University of
America
83 F.3d 455, 467 , D.C.Cir.
Catholic nun brought Title VII sex discrimination
suit against Catholic university after they denied
her tenure for faculty position teaching canons of
church. The United States...
Cited by
401. ISKCON of Potomac, Inc. v. Kennedy
61 F.3d 949, 954 , D.C.Cir.
Aug. 08, 1995 Case
2
S.Ct.
International Society of Krishna Consciousness
brought action for declaratory and injunctive
relief against National Park Service, challenging
constitutionality of Park Service's...
Cited by
402. Mississippi River Transmission Corp. v. Jul. 21, 1992
F.E.R.C.
969 F.2d 1215, 1219 , D.C.Cir.
Case
—
Pipeline company petitioned for review of order
of the Federal Energy Regulatory Commission
conditioning issuance of certificate of public
convenience and necessity for sale of gas...
Cited by
403. Big Mama Rag, Inc. v. U.S.
631 F.2d 1030, 1034 , D.C.Cir.
Sep. 15, 1980 Case
7
S.Ct.
Plaintiff, a nonprofit organization, appealed from
an order of the United States District Court for the
District of Columbia, John J. Sirica, J., 494 F.Supp.
473, granting summary...
Cited by
404. O'Hair v. Andrus
613 F.2d 931, 936 , D.C.Cir.
Oct. 05, 1979
Case
5
S.Ct.
After dismissal of their complaint, which sought to
enjoin a papal Mass on the National Mall, plaintiffs
moved for an injunction pending appeal. The Court
of Appeals, Leventhal,...
Cited by
405. Washington Free Community, Inc. v.
Wilson
426 F.2d 1213, 1217+ , D.C.Cir.
Dec. 19, 1969 Case
9
10
S.Ct.
Appeal from a decision of the United States
District Court for the District of Columbia, Howard
F. Corcoran, J., which denied issuance of a
preliminary injunction. The Court of...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
72
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
Date
Depth
Headnote(s)
Case
—
407. Joint Anti-Fascist Refugee Committee v. Aug. 11, 1949 Case
Clark
177 F.2d 79, 88+ , D.C.Cir.
—
406. Bailey v. Richardson
182 F.2d 46, 74+ , D.C.Cir.
Mar. 22, 1950
Type
Action by Dorothy Bailey against Seth W.
Richardson, and others, for a declaratory judgment
and for an order directing plaintiff's reinstatement in
the government employ. The...
Cited by
The Joint Anti-Fascist Refugee Committee
sought an injunction to restrain Tom C. Clark,
Attorney General, and others, from designating the
complainant as a subversive organization...
Cited by
408. Barsky v. U.S.
167 F.2d 241, 263+ , App.D.C.
Mar. 18, 1948
Case
—
Mar. 31, 1994
Case
—
Appeal from the District Court of the United States
for the District of Columbia. Edward K. Barsky and
others were convicted of willful failure to produce
records before a...
Cited by
409. Jefferson County v. Acker
850 F.Supp. 1536, 1547+ , N.D.Ala.
County brought state court action to collect
privilege, license, or occupational taxes from federal
district judges. Case was removed, and judges
moved for summary judgment. ...
Cited by
410. Cable Alabama Corp. v. City of Huntsville,
Ala.
768 F.Supp. 1484, 1501 , N.D.Ala.
Aug. 06, 1991 Case
1
S.Ct.
Local cable television operator brought action
against city and city officials, challenging city's
decision to deny its request to transfer system to
other operators. On...
Cited by
411. Territory of Alaska v. Journal Printing Co
135 F.Supp. 169, 171 , D.Alaska Terr.
Nov. 04, 1955 Case
—
Jan. 27, 1995
Case
—
Jan. 06, 1986
Case
Action to recover license taxes imposed upon
defendant newspaper under provisions of the
Alaska Business License Act. The District Court,
Hodge, J., held that business license tax...
Cited by
412. Urantia Foundation v. Maaherra
895 F.Supp. 1335, 1336 , D.Ariz.
Religious organization brought action for copyright
and trademark infringement. On organization's
motion for partial summary judgment on Religious
Freedom Restoration Act (RFRA)...
Cited by
413. Jacobsen v. U.S. Postal Service
624 F.Supp. 520, 522 , D.Ariz.
6
S.Ct.
Operator of newspaper vending machines which
had been removed from location in front of various
federal post offices brought action challenging
validity of the Randolph-Sheppard...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
73
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
414. International Soc. for Krishna
Consciousness v. Enz
495 F.Supp. 373, 380+ , D.Ariz.
Date
Type
Depth
Headnote(s)
Nov. 19, 1979 Case
—
Aug. 29, 1963 Case
—
Sep. 11, 1973 Case
—
Member of religious society brought action for
injunction against enforcement of airport's picketing
policies. The District Court, Thomas F. Murphy,
Senior District Judge, held...
Cited by
415. Sheldon v. Fannin
221 F.Supp. 766, 774+ , D.Ariz.
Suit under the Civil Rights Act for injunctive relief
in favor of students who were suspended from a
school for insubordination because of their refusal
to stand for the singing of...
Cited by
416. Goodwin v. Cross County School Dist. No.
7
394 F.Supp. 417, 422 , E.D.Ark.
Public school students, and their mother,
individually and as next friend, brought action
against school district, school board members and
superintendent of schools for...
Cited by
417. Freedom From Religion Foundation, Inc. v.
Geithner
105 A.F.T.R.2d 2010-2577, 2010-2577 , E.D.Cal.
May 21, 2010
Case
—
Cited by
418. Freedom From Religion Foundation, Inc. v. May 21, 2010
Geithner
715 F.Supp.2d 1051, 1065 , E.D.Cal.
Case
—
CIVIL RIGHTS - Religion. California minister of
gospel state income tax exemption for housing
allowances may be in violation of Establishment
Clause.
Cited by
419. International Soc. for Krishna
Consciousness of California, Inc. v. City of Los
Angeles
966 F.Supp. 956, 962 , C.D.Cal.
Jun. 09, 1997
Case
9
S.Ct.
California nonprofit, religious corporation, one of its
members, and California public benefit corporation,
and one of its members brought action against city,
manager of airport,...
Cited by
420. Gospel Missions of America v. Bennett
951 F.Supp. 1429, 1447 , C.D.Cal.
Jan. 10, 1997
Case
9
10
S.Ct.
Members of religious and missionary organization
challenged city and county ordinances regulating
charitable solicitations. On cross-motions for
summary judgment, the District...
Cited by
421. Religious Technology Center v. Netcom Sep. 22, 1995 Case
On-Line Communication Services, Inc.
923 F.Supp. 1231, 1253 , N.D.Cal.
—
Organizations affiliated with Church of Scientology
brought action against individual who allegedly
posted Church's copyrighted works on Internet,
alleging copyright infringement...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
74
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
422. Bridge Publications, Inc. v. Vien
827 F.Supp. 629, 633 , S.D.Cal.
Date
May 04, 1993
Type
Case
Depth
Headnote(s)
6
S.Ct.
Religious organizations brought action against
instructor for federal and state copyright
infringement and misappropriation of trade secrets.
The District Court, Huff, J., held...
Cited by
423. Group W Cable, Inc. v. City of Santa
Cruz
669 F.Supp. 954, 972+ , N.D.Cal.
Sep. 09, 1987 Case
10
S.Ct.
Cable television operator brought action challenging
nonrenewal of its franchise. The District Court,
Schwarzer, J., held that: (1) city's refusal to renew
did not violate...
Cited by
424. Century Federal, Inc. v. City of Palo
Alto, Cal.
710 F.Supp. 1552, 1557 , N.D.Cal.
Sep. 01, 1987 Case
6
S.Ct.
Cable television operator brought action against
city challenging city's cable television franchising
and regulatory scheme. On cross motions for
summary judgment, the District...
Cited by
425. Terminal-Hudson Electronics, Inc. of
California v. Department of Consumer Affairs
407 F.Supp. 1075, 1078 , C.D.Cal.
Jan. 06, 1976
Case
5
S.Ct.
Actions were brought by consumers and by
eyeglass distributor challenging California statute
prohibiting the advertising of prices and places to
buy corrective eyeglasses. The...
Cited by
426. Universal Specialties, Inc. v. Blount
331 F.Supp. 52, 53 , C.D.Cal.
Apr. 30, 1971
Case
Mar. 02, 1970
Case
—
Proceeding to enjoin post office and its agents and
employees from enforcing regulations with respect
to sexually oriented advertisements. The ThreeJudge District Court held that...
Cited by
427. Sunday Mail, Inc. v. Christie
312 F.Supp. 677, 681+ , C.D.Cal.
6
S.Ct.
Action for injunctive relief and declaratory judgment
that city ordinance prohibiting distribution of printed
matter on any private residential property without
express consent of...
Cited by
428. Autenrieth v. U.S.
279 F.Supp. 156, 155 , N.D.Cal.
Jan. 22, 1968
Case
—
May 26, 1949
Case
—
Action for refund of taxes. The District Court, Zirpoli,
J., held that complaint seeking refund of taxes on
ground of religious belief in nonpayment of taxes for
war purposes...
Cited by
429. Watchtower Bible & Tract Soc. v. Los
Angeles County, Cal.
84 F.Supp. 352, 353+ , S.D.Cal.
Action by Watchtower Bible & Tract Society, Inc.,
against County of Los Angeles, Cal., and another
to recover ad valorem taxes on plaintiff's personal
property wrongfully...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
75
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
430. Rivera v. East Otero School Dist. R-1
721 F.Supp. 1189, 1195 , D.Colo.
Date
Type
Sep. 14, 1989 Case
Depth
Headnote(s)
1
S.Ct.
Students and parents brought action seeking
injunction from past and prospective application of
official policy concerning distribution of literature in
the school district. ...
Cited by
431. Goldman v. Knecht
295 F.Supp. 897, 909 , D.Colo.
Feb. 03, 1969
Case
—
Action was brought for injunctive and declaratory
judgment relief with respect to Colorado vagrancy
statute. A three-judge federal District Court, William
E. Doyle, J., held that...
Cited by
432. Annunziato v. New Haven Bd. of
Aldermen
555 F.Supp. 427, 429 , D.Conn.
Aug. 24, 1982 Case
1
S.Ct.
Action was brought to rescind the sale of municipal
property to a religious organization. Upon
plaintiffs' motion for preliminary injuction and upon
defendants' motions to...
Cited by
433. Connecticut Citizens Action Group
(CCAG) v. Town of Southington
508 F.Supp. 43, 47+ , D.Conn.
Oct. 24, 1980
Case
6
9
10
S.Ct.
Political organization brought action for declaratory
and injunctive relief, challenging town ordinance
restricting canvassing. The District Court, Clarie,
Chief Judge, held that...
Cited by
434. Bynum v. Connecticut Commission on
Forfeited Rights
296 F.Supp. 495, 499+ , D.Conn.
Oct. 03, 1968
Case
9
S.Ct.
Proceedings on motion for impaneling of threejudge court to consider claim of unconstitutionality
of state statute. The District Court, Blumenfeld, J.,
held that claim that state...
Cited by
435. Enten v. District of Columbia
675 F.Supp.2d 42, 50 , D.D.C.
Dec. 22, 2009 Case
—
CIVIL RIGHTS - Free Speech. District of Columbia
statute requiring that sidewalk vendor obtain license
was narrowly tailored.
Cited by
436. Iskcon of Potomac, Inc. v. Ridenour
830 F.Supp. 1, 4+ , D.D.C.
Aug. 06, 1993 Case
6
S.Ct.
International Society for Krishna Consciousness
brought action challenging application of National
Park Service regulations to prohibit solicitation of
voluntary contributions on...
Cited by
437. U.S. v. Galindez
1987 WL 12134, *1+ , D.D.C.
May 26, 1987
Case
6
S.Ct.
The defendants in the above-captioned cases
were charged with camping in Lafayette Park on
December 22, 1986, in violation of 36 C.F.R. §
7.96(i). On April 23, 1987, the Court...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
76
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
438. Haring v. Blumenthal
471 F.Supp. 1172, 1184 , D.D.C.
Date
Apr. 10, 1979
Type
Depth
Headnote(s)
Case
—
Plaintiff sought relief from alleged religious
discrimination in violation of Title VII of the Civil
Rights Act of 1964 and an injunction to restrain the
Internal Revenue Service,...
Cited by
439. U.S. v. Boesewetter
463 F.Supp. 370, 372 , D.D.C.
Nov. 20, 1978 Case
4
6
S.Ct.
In a prosecution for violation of a federal regulation
prohibiting sale or distribution of newspapers,
leaflets and pamphlets in a number of areas
including portions of national...
Cited by
440. Public Citizen, Inc. v. Pinellas County
321 F.Supp.2d 1275, 1305 , M.D.Fla.
May 19, 2004
Case
Mar. 02, 2001
Case
—
CIVIL RIGHTS - Free Speech. Excessive license
application form content discretion was First
Amendment violation.
Cited by
441. Florida v. U.S.
133 F.Supp.2d 1280, 1291 , N.D.Fla.
1
S.Ct.
LABOR AND EMPLOYMENT - Discrimination.
Eleventh Amendment barred administrative
whistleblower complaint against state.
Cited by
442. Florida State Conference of NAACP
Branches v. City of Daytona Beach, Fla.
54 F.Supp.2d 1283, 1288 , M.D.Fla.
Apr. 08, 1999
Case
5
S.Ct.
Suit was brought against city, seeking preliminary
injunction barring city from implementing traffic
management plan used in past to bar vehicular
traffic across bridges leading to...
Cited by
443. American Charities for Reasonable
Fundraising Regulation, Inc. v. Pinellas County
32 F.Supp.2d 1308, 1323+ , M.D.Fla.
Nov. 12, 1998 Case
10
S.Ct.
Professional fundraisers and others sought
declaratory judgment that county ordinance
requiring permit to conduct their activities in county
was unconstitutional. On cross-motions...
Cited by
444. Connor v. Palm Beach County, Florida
1996 WL 438779, *8+ , S.D.Fla.
May 29, 1996
Case
2
3
S.Ct.
THIS MATTER is before the Court upon Plaintiff's
Motion for Declaratory Judgment and Preliminary
and Permanent Injunctive Relief and Plaintiff's
request for attorney's fees and...
Cited by
445. Pritchard v. Mackie
811 F.Supp. 665, 668+ , S.D.Fla.
Jan. 16, 1993
Case
10
S.Ct.
The Ku Klux Klan sought a temporary restraining
order in an action challenging a town's refusal
to issue a permit for a rally. The District Court,
Highsmith, J., held that the...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
77
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
446. Church of Scientology Flag Services
Organization, Inc. v. City of Clearwater
756 F.Supp. 1498, 1516 , M.D.Fla.
Date
Feb. 04, 1991
Type
Case
Depth
Headnote(s)
6
9
S.Ct.
Church of Scientology challenged constitutionality
of municipal ordinance requiring charitable
organizations to file registration statement or make
available to their members...
Cited by
447. Taylor v. City of Fort Lauderdale
583 F.Supp. 514, 517 , S.D.Fla.
Apr. 05, 1984
Case
1
S.Ct.
Evangelical religious organization challenged
as unconstitutional a city charitable solicitation
ordinance. On organization's summary judgment
motion, the District Court, Paine,...
Cited by
448. Erskine v. West Palm Beach
473 F.Supp. 48, 51 , S.D.Fla.
May 14, 1979
Case
Feb. 09, 1979
Case
—
On motion by members of church for preliminary
injunction against enforcement of local charitable
solicitations ordinance, the District Court, Hoeveler,
J., held that: (1) members...
Cited by
449. U.S. v. Silberman
464 F.Supp. 866, 871+ , M.D.Fla.
5
S.Ct.
On motion for judgment of acquittal in prosecution
for knowingly and willfully soliciting business on
federal property without permit, the District Court,
Charles R. Scott, Senior...
Cited by
450. Westfall v. Board of Com'rs of Clayton
County
477 F.Supp. 862, 870 , N.D.Ga.
Mar. 30, 1979
Case
4
6
S.Ct.
Church member brought action on behalf of himself
and other members of the church challenging
constitutionality of an ordinance regulating religious
solicitation privileges. On...
Cited by
451. Stewart v. Whidby
1969 WL 11138, *3+ , M.D.Ga.
Mar. 05, 1969
Case
—
Action by union organizers seeking (1) a declaratory
judgment that an ordinance of Adel, Georgia is
invalid and (2) a preliminary injunction against its
enforcement. Judgment and...
Cited by
452. Wolfe v. City of Albany, Ga.
189 F.Supp. 217, 221+ , M.D.Ga.
Aug. 18, 1960 Case
6
S.Ct.
Action by union and its officials to enjoin allegedly
unconstitutional enforcement of city ordinance
which imposed criminal penalties for distribution of
handbills. The District...
Cited by
453. International Longshoremen's &
Warehousemen's Union v. Ackerman
82 F.Supp. 65, 108+ , D.Hawai'i
Dec. 27, 1948 Case
9
S.Ct.
Action by the International Longshoremen's and
Warehousemen's Union and others, against
Walter D. Ackerman, Jr., and others to enjoin the
enforcement of the unlawful assembly and...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
78
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
Date
454. American Civil Liberties Union of Illinois v. Feb. 12, 2010
White
692 F.Supp.2d 986, 992 , N.D.Ill.
Type
Depth
Headnote(s)
Case
—
Case
—
CIVIL RIGHTS - Free Press. Levy of $1,000
to administer Illinois lobbying regulations was
unconstitutionally excessive.
Cited by
455. Chicago School Reform Bd. of Trustees v.
Substance, Inc.
79 F.Supp.2d 919, 926 , N.D.Ill.
Jan. 04, 2000
EDUCATION - Standardized Tests. First
Amendment did not permit teacher to publish school
board's copyrighted tests.
Cited by
456. MacDonald v. Chicago Park Dist.
976 F.Supp. 1125, 1139+ , N.D.Ill.
Aug. 15, 1997 Case
8
S.Ct.
Rally organizer who wished to hold rally advocating
legalization of marijuana brought § 1983 action
challenging constitutionality of city park district
ordinance provisions...
Cited by
457. Ayres v. City of Chicago
966 F.Supp. 701, 715 , N.D.Ill.
Jun. 04, 1997
Case
6
S.Ct.
Seller of T-shirts advocating legalization
of marijuana brought action challenging
constitutionality of peddlers' ordinance that
prohibited all peddling in designated district. ...
Cited by
458. Alexander v. Miramonti
1990 WL 103613, *2 , N.D.Ill.
Jun. 29, 1990
Case
1
S.Ct.
Patricia Miramonti has moved to dismiss many
portions of the pro se complaint filed by Eugene
Alexander. Since Alexander is proceeding pro se,
this court may dismiss his claims...
Cited by
459. Proctor v. General Conference of SeventhDay Adventists
651 F.Supp. 1505, 1523+ , N.D.Ill.
Oct. 29, 1986
Case
6
S.Ct.
Wholesaler of religious literature brought antitrust
suit, claiming that he was being boycotted and
foreclosed from the Seventh-day Adventist religious
literature market by...
Cited by
460. International Soc. for Krishna
Consciousness, Inc. v. Rochford
425 F.Supp. 734, 739 , N.D.Ill.
Jan. 21, 1977
Case
2
5
S.Ct.
Suit was instituted for declaratory and injunctive
relief against enforcement of regulations adopted by
airport commissioner of city of Chicago. On motion
of plaintiffs for summary...
Cited by
461. Landry v. Daley
288 F.Supp. 200, 208+ , N.D.Ill.
Jul. 03, 1968
Case
—
Proceedings on motion to dismiss action seeking
injunction against state court prosecutions. The
District Court, Will, J., held that allegations, that
state statutes and municipal...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
79
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
462. Kenro, Inc. v. Fax Daily, Inc.
962 F.Supp. 1162, 1171 , S.D.Ind.
Date
Apr. 10, 1997
Type
Case
Depth
Headnote(s)
4
S.Ct.
Suit was brought alleging that defendants violated
the Telephone Consumer Protection Act (TPCA) by
transmitting by telephone facsimile machine (fax)
unsolicited publication that...
Cited by
463. Swearson v. Meyers
455 F.Supp. 88, 91 , D.Kan.
Apr. 14, 1978
Case
4
S.Ct.
Action was brought to have Kansas City, Kansas
solicitation licensing law declared unconstitutional
and its enforcement enjoined. Plaintiffs moved for
preliminary injunction. The...
Cited by
464. Eighth St. Baptist Church, Inc. v. U.S.
291 F.Supp. 603, 604+ , D.Kan.
Sep. 25, 1968 Case
7
S.Ct.
Church brought action against the United States
to recover refund of income taxes deducted and
withheld from wages of employees and paid to the
United States by the church. The...
Cited by
465. Stapleton v. Mitchell
60 F.Supp. 51, 55 , D.Kan.
Mar. 05, 1945
Case
—
HUXMAN, Circuit Judge, dissenting in part.
Separate actions by Dale Stapleton, International
Representative of United Mine Workers of America,
and others, by Perrin D. McElroy,...
Cited by
466. 729, Inc. v. Kenton County Fiscal Court
Sep. 30, 2006 Case
10
S.Ct.
2006 WL 2842884, *28 , E.D.Ky.
This is an action under 42 U.S.C. § 1983 presenting
constitutional challenges to Kenton County's adult
entertainment licensing ordinance. The Court has
general federal question...
Cited by
467. Kentucky Restaurant Concepts, Inc. v.
City of Louisville, Jefferson County, Ky.
209 F.Supp.2d 672, 692+ , W.D.Ky.
Jun. 12, 2002
Case
10
S.Ct.
CIVIL RIGHTS - Free Speech. Procedural
shortcomings invalidated adult entertain regulation
ordinance.
Cited by
468. Bright Lights, Inc. v. City of Newport
830 F.Supp. 378, 385 , E.D.Ky.
Aug. 18, 1993 Case
8
S.Ct.
Owners and operators of establishments in
Newport, Kentucky brought action challenging
constitutionality of ordinances regulating adult
entertainment. On cross motions for...
Cited by
469. Watters v. TSR, Inc.
715 F.Supp. 819, 822 , W.D.Ky.
May 31, 1989
Case
—
Administratrix brought wrongful death action against
publisher and manufacturer of role-playing fantasy
game “Dungeons & Dragons” on theory that suicide
of her son was caused by...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
80
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
470. Netherland v. City of Zachary, La.
626 F.Supp.2d 603, 609 , M.D.La.
Date
Type
Depth
Headnote(s)
May 27, 2009
Case
—
471. American Civil Liberties Union Foundation Oct. 05, 2007
of Louisiana v. Blanco
2007 WL 2915092, *2+ , E.D.La.
Case
—
CIVIL RIGHTS - Religion. City ordinance unduly
burdened street evangelist's fundamental right to
the free exercise of religion.
Cited by
Before the Court is plaintiff ACLU's motion for
preliminary injunction. For the following reasons,
the Court GRANTS plaintiff's motion. On August 13,
2007, the ACLU filed a...
Cited by
472. Cherris v. Amundson
460 F.Supp. 326, 326 , E.D.La.
Aug. 07, 1978 Case
4
S.Ct.
Members of an organized religious group brought
suit under federal statutes seeking a declaration
of unconstitutionality and an injunction against
enforcement of provisions of a...
Cited by
473. International Soc. for Krishna
Consciousness, Inc. v. Lentini
461 F.Supp. 49, 51+ , E.D.La.
Aug. 01, 1978 Case
—
Religious group and member brought action for
declaratory and injunctive relief alleging that city
ordinance and aviation board regulations governing
solicitations were...
Cited by
474. Muhammad Temple of Islam-Shreveport v.
City of Shreveport, La.
387 F.Supp. 1129, 1132+ , W.D.La.
Dec. 02, 1974 Case
6
S.Ct.
Action was brought against municipality and its
officials for declaratory injunctive, and monetary
relief. The District Court, Stagg, J., held that there
could be no valid license...
Cited by
475. U.S. v. New Orleans Book Mart, Inc.
328 F.Supp. 136, 146 , E.D.La.
Feb. 10, 1971
Case
5
S.Ct.
Prosecution for transporting obscene material in
interstate commerce. On defendant's assertions,
by way of motions, that materials could not be
considered obscene, the District...
Cited by
476. Shaw v. Garrison
293 F.Supp. 937, 945 , E.D.La.
Jul. 23, 1968
Case
—
Proceedings on motion to dismiss, treated as
motion for summary judgment, an injunctive and
declaratory judgment action against state district
attorney and members of staff by...
Cited by
477. Davis v. Francois
278 F.Supp. 466, 467 , E.D.La.
Dec. 08, 1967 Case
6
S.Ct.
Action to enjoin state prosecution. The District
Court, West, J., held that validity of ordinance
restricting picketing and question of good or bad
faith of its enactors could be...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
81
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
478. Crown Kosher Super Market of Mass.,
Inc. v. Gallagher
176 F.Supp. 466, 471 , D.Mass.
Date
May 18, 1959
Type
Depth
Headnote(s)
Case
—
Action for declaration that certain provisions of
the ‘Lord's Day’ statute of Massachusetts were
unconstitutional as applied to owner of kosher
supermarket, Orthodox Jewish...
Cited by
479. Center for Auto Safety, Inc. v. Athey
866 F.Supp. 237, 239 , D.Md.
Sep. 28, 1993 Case
6
9
10
S.Ct.
Charitable organizations sought declaratory
judgment that Maryland's sliding-scale fee provision
was unconstitutional. The District Court, Legg, J.,
held that: (1) fee provision...
Cited by
480. National Life Ins. Co. v. Phillips Pub.,
Inc.
793 F.Supp. 627, 644 , D.Md.
Jun. 09, 1992
Case
5
S.Ct.
Insurance company sued publisher of investment
newsletters, claiming defamation. The District
Court, Northrop, Senior District Judge, held that: (1)
insurance company was...
Cited by
481. Roemer v. Board of Public Works of State
of Md.
387 F.Supp. 1282, 1300 , D.Md.
Oct. 16, 1974
Case
1
S.Ct.
Four Maryland citizens and taxpayers brought an
action challenging the constitutionality of a statute
providing public aid in the form of noncategorical
grants to eligible colleges...
Cited by
482. Davis v. State of Md.
248 F.Supp. 951, 952 , D.Md.
Dec. 22, 1965 Case
6
S.Ct.
Petition by accused for injunction against state.
The District Court, Thomsen, Chief Judge, held that
accused was not entitled to injunction against state
to bar operation of...
Cited by
483. U.S. v. Cheeks
159 F.Supp. 328, 329 , D.Md.
Feb. 20, 1958
Case
—
Oct. 26, 1982
Case
—
Jun. 07, 2010
Case
Prosecution for failure to obey order of local
Selective Service Board. The District Court for the
District of Maryland, Criminal Division, Thomsen,
Chief Judge, held that board...
Cited by
484. Bangor Baptist Church v. State of Me.,
Dept. of Educational and Cultural Services
549 F.Supp. 1208, 1216 , D.Me.
Action was brought by fundamentalist Christian
churches, teachers, pastors, parents and
association of fundamentalist schools against Maine
Department of Educational and Cultural...
Cited by
485. Saieg v. City of Dearborn
720 F.Supp.2d 817, 831+ , E.D.Mich.
2
5
S.Ct.
CIVIL RIGHTS - Free Speech. Across the board
ban on mobile handbilling in perimeters at festival
was valid time, place and manner restriction on
speech.
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
82
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
486. Platinum Sports Ltd. v. City of Detroit
641 F.Supp.2d 627, 635 , E.D.Mich.
Date
Type
Depth
Headnote(s)
Apr. 09, 2009
Case
—
Mar. 06, 2008
Case
—
Feb. 26, 2007
Case
GOVERNMENT - Municipalities. Section of city's
Adult Cabaret Ordinance, making it unlawful for
licensee, or his employee or agent, to utilize person
as an adult entertainer unless...
Cited by
487. Platinum Sports Ltd. v. City of Detroit
2008 WL 624051, *6 , E.D.Mich.
Plaintiff Platinum Sports has operated an Adult
Group D Cabaret known as “All Stars” in Detroit,
Michigan for several years. Plaintiff Shahida
Hardaway is an adult entertainer...
Cited by
488. Top Flight, Inc. v. City of Inkster
2007 WL 643897, *13+ , E.D.Mich.
10
S.Ct.
Pending before this Court is Plaintiffs' Motion for
Preliminary Injunction, filed on December 29, 2006.
Plaintiffs challenge Defendant City of Inkster's
Cabaret Ordinance,...
Cited by
489. Antioch Co. v. Scrapbook Borders, Inc.
291 F.Supp.2d 980, 999 , D.Minn.
Sep. 05, 2003 Case
1
S.Ct.
COPYRIGHTS - Fair Use. Configuring copyrighted
stickers was not fair use.
Cited by
490. Steverson v. City of Vicksburg, Miss.
900 F.Supp. 1, 16+ , S.D.Miss.
Mar. 07, 1994
Case
May 02, 1980
Case
—
Owner of proposed nude dancing establishment
challenged constitutionality of city ordinance
prohibiting adult entertainment establishments from
locating within 1,000 feet of...
Cited by
491. Dunagin v. City of Oxford, Miss.
489 F.Supp. 763, 769 , N.D.Miss.
9
S.Ct.
Class action suit was brought challenging
constitutionality of Mississippi laws banning the
advertising of certain alcoholic beverages. The
District Court, Keady, Chief Judge,...
Cited by
492. McGrew v. City of Jackson, Miss.
307 F.Supp. 754, 758+ , S.D.Miss.
Dec. 31, 1969 Case
1
S.Ct.
Action by operators of motion picture theater to
enjoin enforcement of Mississippi obscenity statute
and for declaration of rights. A three-judge District
Court, William Harold...
Cited by
493. Application of Wyckoff
196 F.Supp. 515, 519 , S.D.Miss.
Jul. 31, 1961
Case
—
Habeas corpus proceeding to secure the release of
a prisoner in a county jail. The District Court, Mize,
Chief Judge, held that the petitioner, who had been
convicted of a...
Cited by
494. Van Allsburg v. City of Kansas City, Mo.
600 F.Supp. 1226, 1232 , W.D.Mo.
Dec. 20, 1984 Case
5
S.Ct.
Noncommercial political group brought action
seeking declaratory and injunctive relief challenging
city park ordinances restricting its fund raising and
advertising activities in...
© 2011 Thomson Reuters. No claim to original U.S. Government Works.
83
Murdock v. Com. of Pennsylvania, 319 U.S. 105
Treatment
Cited by
Title
495. Association of Community
Organizations for Reform Now v. City of
Frontenac
541 F.Supp. 765, 769 , E.D.Mo.
Date
Type
Depth
Headnote(s)
Jun. 24, 1982
Case
—
Jan. 17, 1977
Case
—
Nonprofit corporation organized to advance
interests of low and moderate income persons
brought action for declaratory and injunctive relief,
challenging city ordinance preventing...
Cited by
496. International Soc. for Krishna
Consciousness, Inc. v. Engelhardt
425 F.Supp. 176, 179 , W.D.Mo.
Religious society brought action against city
prosecutor and airport safety manager seeking to
enjoin enforcement of city ordinance prohibiting
soliciting and distribution of...
Cited by
497. Proffitt v. Ciccone
371 F.Supp. 282, 283 , W.D.Mo.
Dec. 29, 1973 Case
9
S.Ct.
Habeas corpus proceeding. The District Court,
William H. Becker, Chief Judge, held that the United
States District Court for the Western District of
Missouri, Southern Division,...
Cited by
498. Carolina Action v. Pickard
420 F.Supp. 310, 311+ , W.D.N.C.
Sep. 20, 1976 Case
—
Organization with political purposes, including
litigation and political action contesting changes in
electric power rates, alleging shortcomings of state
of North Carolina in...
Cited by
499. Veneklase v. City of Fargo
904 F.Supp. 1038, 1047 , D.N.D.
Feb. 17, 1995
Case
4
S.Ct.
Participants in public prayer vigil in residential
neighborhood, who were arrested for violating
residential picketing ordinance, brought action
under § 1983 challenging...
Cited by
500. Copper v. City of Fargo
905 F.Supp. 680, 690 , D.N.D.
Dec. 30, 1994 Case
4
S.Ct.
Protestors brought civil rights actions and state-law
claims against police officers and city to contest
antipicketing ordinance. The District Court, Klein,
United States...
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84