Anonymous ID: af9676 Sept. 24, 2018, 2:28 a.m. No.3162902   🗄️.is đź”—kun   >>2921 >>3180 >>3279 >>3301

>>3162876

 

Bring it on

 

"Marsh V Alabama"https://en.wikipedia.org/wiki/Marsh_v._Alabama (off site)

 

Copy Pasta–The town of Chickasaw, Alabama, was predominately a company town near Mobile, Alabama, that was owned and operated by the Gulf Shipbuilding Corporation ("Gulf"). The town exhibited the general characteristics of a more traditional settlement. The town's policeman was a deputy from the Mobile County Sheriff's Department who was paid by Gulf. The town was surrounded by a number of adjacent neighborhoods which were not located on Gulf property. The Court noted that the residents of these non-Gulf neighborhoods were freely allowed to use the company-owned streets and sidewalks to access the town's businesses and facilities.

 

The appellant, Marsh, a Jehovah's Witness, stood near the post office one day, where she began distributing religious literature. Marsh was warned that she needed a permit to do so, and that none would be issued to her. When she was asked to leave, she refused on the grounds that the company rules against distribution of such materials could not be constitutionally applied to her. The deputy sheriff arrested her and she was charged with the Alabama criminal code's trespassing equivalent.

 

During her trial, Marsh contended that the statute could not be constitutionally applied to her, as it would necessarily violate her rights under the First and Fourteenth amendments. This contention was rejected and Marsh was convicted. The Alabama Court of Appeals affirmed the conviction, holding that the statute as applied was constitutional because the title to the sidewalk was in the corporation's name. It held that the public use of the sidewalk had not been such as to give rise to a presumption under Alabama law of its irrevocable dedication to the public. The Alabama Supreme Court denied certiorari, and Marsh appealed her case directly to the United States Supreme Court.

 

Decision–

 

In a 5-3 decision, the court ruled in favor of Marsh. The opinion, joined by three justices, was authored by Justice Hugo Black, with Justice Felix Frankfurter writing a concurrence, and Justice Stanley Forman Reed writing a dissent.

 

The Court initially noted that it would be an easy case if the town were a more traditional, publicly administered, municipality. Then, there would be a clear violation of the right to free speech for the government to bar the sidewalk distribution of such material. The question became, therefore, whether or not constitutional freedom of speech protections could be denied simply because a single company held title to the town.

 

synopsis

 

Even though Twit and YT are privately owned, it is public access and subject to 1st and 14th Amendments.