Follett v. Town of McCormick, 321 U.S. 573

Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1944), was a case in which the Supreme Court of the United States

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 held that people who earn their living by selling or distributing religious materials should not be required to pay the same licensing fees and taxes as those who sell or distribute non-religious materials.

Facts of the case

Follett was convicted of violating an ordinance of the town of McCormick, South Carolina which provided: '... the following license on business, occupation and professions to be paid by the person or persons carrying on or engaged in such business, occupation or professions within the corporate limits of the Town of McCormick, South Carolina: Agents selling books, per day $1.00, per year $15.00.' Appellant is a Jehovah's Witness and has been certified by the Watch Tower Bible & Tract Society as 'an ordained minister of Jehovah God to preach the gospel of God's kingdom under Christ Jesus.' He is a resident of McCormick, South Carolina, where he went from house to house distributing certain books. He obtained his living from the money received; he had no other source of income. He claimed that he merely offered the books for a 'contribution'. But there was evidence that he 'offered to and did sell the books'. Admittedly he had no license from the town and refused to obtain one.

Prior history

At his trial, Follett moved for a directed verdict of not guilty at the close of the evidence, claiming that the ordinance restricted freedom of worship in violation of the First Amendment which the Fourteenth Amendment makes applicable to the States. The motion was overruled and appellant was found guilty by the jury in the Mayor's Court. That judgment was affirmed by the Circuit Court of General Sessions for McCormick County and then by the Supreme Court of South Carolina.

Majority opinion

Justice Douglas delivered the opinion of the Court.

Concurring opinions

In his concurring opinion, Justice Frank Murphy

Frank Murphy

William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...

expressed reservations about the power to axe essentially religious activities.