Marsh v. Alabama
Encyclopedia
Marsh v. Alabama, , was a case decided by the United States Supreme Court
, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town
. The Court based its ruling on the provisions of the First Amendment
and Fourteenth Amendment
.
was a company town
near Mobile, Alabama
which was owned and operated by the Gulf Shipbuilding Corporation ("Gulf"). Aside from the fact that it was owned by a private entity, 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.
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 and because 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.
, with Justice Felix Frankfurter
authoring a concurrence, and Justice Stanley Forman Reed
authoring a dissent.
The Court initially noted that this would be an easy case if the town were a more traditional, publicly administered, municipality. In such a case it 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.
The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.
In its conclusion, the Court stated that it was essentially using a balancing test, weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted, however, that the latter occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.
concurred in the Court's opinion with one exception. The majority opinion briefly mentioned the Commerce Clause
as possibly being analogous to the case's circumstances. In his concurrence, Justice Frankfurter expressed his opinion that it was unnecessary to look to the Commerce Clause for guidance on a First Amendment issue.
introduced his dissent by noting that the Constitutional protections for religion, speech, and press are not absolute or unlimited in respect to the manner or place of their exercise. Furthermore, Reed asserted that property rights, which are also protected by the Constitution, "are not outweighed by the interests of the trespasser, even though he trespasses in behalf of religion or free speech."
, 948 F. Supp. 436, 442 (E.D. Pa. 1996). In that case, Cyber Promotions wished to send out "mass email advertisements" to AOL customers. AOL installed software to block those emails. Cyber Promotions sued on free speech grounds, and cited the Marsh case as authority for the proposition that, even though AOL's servers were private property, AOL had opened them to the public to a degree sufficient that constitutional free speech protections could be applied. The federal district court disagreed, thereby paving the way for spam filters at the ISP
level.
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...
, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town
Company town
A company town is a town or city in which much or all real estate, buildings , utilities, hospitals, small businesses such as grocery stores and gas stations, and other necessities or luxuries of life within its borders are owned by a single company...
. The Court based its ruling on the provisions of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Background
The town of Chickasaw, AlabamaChickasaw, Alabama
Chickasaw is a city in Mobile County, Alabama, United States. As of July 2007, the population was 5,979. It is included in the Mobile metropolitan statistical area.-Geography:Chickasaw is located at . According to the U.S...
was a company town
Company town
A company town is a town or city in which much or all real estate, buildings , utilities, hospitals, small businesses such as grocery stores and gas stations, and other necessities or luxuries of life within its borders are owned by a single company...
near Mobile, Alabama
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...
which was owned and operated by the Gulf Shipbuilding Corporation ("Gulf"). Aside from the fact that it was owned by a private entity, 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.
Facts of the case
The appellant, Marsh, a Jehovah's Witness, stood near the post office one day, and 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 rule 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
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
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 and because 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
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, and Marsh appealed her case directly to the United States Supreme Court.
The court's decision
In a 5-3 decision, the court ruled in favor of Marsh. The opinion, joined by three justices, was authored by Justice Hugo BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, with Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
authoring a concurrence, and Justice Stanley Forman Reed
Stanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
authoring a dissent.
The Court initially noted that this would be an easy case if the town were a more traditional, publicly administered, municipality. In such a case it 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.
The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.
In its conclusion, the Court stated that it was essentially using a balancing test, weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted, however, that the latter occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.
Frankfurter's concurring opinion
Justice FrankfurterFelix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
concurred in the Court's opinion with one exception. The majority opinion briefly mentioned the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
as possibly being analogous to the case's circumstances. In his concurrence, Justice Frankfurter expressed his opinion that it was unnecessary to look to the Commerce Clause for guidance on a First Amendment issue.
Reed's dissenting opinion
Justice ReedStanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
introduced his dissent by noting that the Constitutional protections for religion, speech, and press are not absolute or unlimited in respect to the manner or place of their exercise. Furthermore, Reed asserted that property rights, which are also protected by the Constitution, "are not outweighed by the interests of the trespasser, even though he trespasses in behalf of religion or free speech."
Subsequent history
While the Marsh holding at first appears somewhat narrow and inapplicable to the present day, it was raised in the somewhat high-profile 1996 cyberlaw case, Cyber Promotions v. America OnlineAOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
, 948 F. Supp. 436, 442 (E.D. Pa. 1996). In that case, Cyber Promotions wished to send out "mass email advertisements" to AOL customers. AOL installed software to block those emails. Cyber Promotions sued on free speech grounds, and cited the Marsh case as authority for the proposition that, even though AOL's servers were private property, AOL had opened them to the public to a degree sufficient that constitutional free speech protections could be applied. The federal district court disagreed, thereby paving the way for spam filters at the ISP
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
level.