Lol.
Nice shot across the bow by Pence… well done sir!
Correction 1945.
Facts of the case
Grace Marsh, a Jehovah's Witness, attempted to distribute religious literature on the sidewalk near a post office in Chickasaw, Alabama. The Gulf Shipbuilding Corporation owned Chickasaw, Alabama in its entirety as a company town. Marsh was convicted of criminal trespass. Appealing her conviction, Marsh argued that the state law violated the First Amendment.
Question
Did Alabama violate Marsh's rights under the First and Fourteenth amendments by refusing to allow her to distribute religious material in the privately owned town of Chickasaw?
Conclusion
In an opinion by Justice Hugo L. Black, the majority ruled in Marsh’s favor. The Court reasoned that a company town does not have the same rights as a private homeowner in preventing unwanted religious expression. While the town was owned by a private entity, it was open for use by the public, who are entitled to the freedoms of speech and religion. The Court employed a balancing test, weighing Chickasaw’s private property rights against Marsh’s right to free speech. The Court stressed that conflicts between property rights and constitutional rights should typically be resolved in favor of the latter.