Niemotko v. Maryland
Encyclopedia
Niemotko v. Maryland, 340 U.S. 268
(1951), was a case in which the Supreme Court of the United States
held that the city of Havre de Grace, Maryland
had violated the free exercise
of Niemotko's religion by not issuing a permit for him and his religious group (the Jehovah's Witnesses
) to meet in a public park
when other religious and civic groups had been given permits for holding their meetings there.
s, their refusal to salute the American flag
and other subjects not related to the use of a permit. After the hearing, their request was turned down. Nevertheless, the Witnesses went ahead and held their public meetings in the park, with Niemetko, their preacher, being arrested in 1949. He was arrested under a disorderly conduct
statute, though there was no evidence, at the time of arrest, that disorder, threats of riot or other violence impended.
cast this issue in the context of their previous cases examining the licensing system by which local bodies regulated the use of parks and public places. He stated the law:
"In those cases this Court condemned statutes and ordinances which required that permits be obtained from local officials as a prerequisite to the use of public places, on the grounds that a license requirement constituted a prior restraint on freedom of speech, press and religion, and, in the absence of narrowly drawn, reasonable and definite standards for the officials to follow, must be invalid."
Unlike some of the other decisions, this case was a "slam dunk" for the Court. "Indeed, rarely has any case been before this Court which shows so clearly an unwarranted discrimination in a refusal to issue such a license."
wrote a concurring opinion. He recognized not only the importance and difficulty of the issue of "adjustment of the inevitable conflict between free speech and other interests," but he realized that the Court had only a limited ability to "set limits and point the way." He proceeded to develop a sort of template for the various First Amendment issues faced by the Court.
Most significant in the "speech in public park" cases was the principle that if the licensing power had been made an "instrument of arbitrary suppression of free expression of views" it would violate the First Amendment
. While the Court recognizes the centrality of free speech, free speech itself is not a touchstone. Public order must be balanced with the freedom of speech. But, in the case at hand, "neither danger to the public peace, nor consideration of time and convenience to the public, appears to have entered into the denial of the permit." He concluded, "To allow expression of religious views by some and deny the same privilege to others merely because they or their views are unpopular, even deeply so, is a denial of equal protection of the law forbidden by the Fourteenth Amendment
."
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...
(1951), 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 the city of Havre de Grace, Maryland
Havre de Grace, Maryland
Havre de Grace is a city in Harford County, Maryland, United States. Located at the mouth of the Susquehanna River and the head of the Chesapeake Bay, Havre de Grace is named after the port city of Le Havre, France, which was first named Le Havre de Grâce, meaning in French "Harbor of Grace." As...
had violated the free exercise
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
of Niemotko's religion by not issuing a permit for him and his religious group (the Jehovah's Witnesses
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
) to meet in a public park
Park
A park is a protected area, in its natural or semi-natural state, or planted, and set aside for human recreation and enjoyment, or for the protection of wildlife or natural habitats. It may consist of rocks, soil, water, flora and fauna and grass areas. Many parks are legally protected by...
when other religious and civic groups had been given permits for holding their meetings there.
Facts of the case
No town ordinance prohibited or regulated the use of a public park in Havre de Grace, though it had been the town's custom over the years to issue permits to civic groups that wanted to use it for various purposes. The Jehovah's Witnesses requested permission from the city's Park Commissioner to use it, but were told that another group had signed up for that particular Sunday. Undeterred, they requested other Sundays but were turned down after a hearing by the City Council. At the hearing, the Council members asked them questions about their views of Roman CatholicRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
s, their refusal to salute the American flag
Flag of the United States
The national flag of the United States of America consists of thirteen equal horizontal stripes of red alternating with white, with a blue rectangle in the canton bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows of six stars alternating with rows...
and other subjects not related to the use of a permit. After the hearing, their request was turned down. Nevertheless, the Witnesses went ahead and held their public meetings in the park, with Niemetko, their preacher, being arrested in 1949. He was arrested under a disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
statute, though there was no evidence, at the time of arrest, that disorder, threats of riot or other violence impended.
Decision of the Court
Writing for a unanimous Court, Chief Justice VinsonFred M. Vinson
Frederick Moore Vinson served the United States in all three branches of government and was the most prominent member of the Vinson political family. In the legislative branch, he was an elected member of the United States House of Representatives from Louisa, Kentucky, for twelve years...
cast this issue in the context of their previous cases examining the licensing system by which local bodies regulated the use of parks and public places. He stated the law:
"In those cases this Court condemned statutes and ordinances which required that permits be obtained from local officials as a prerequisite to the use of public places, on the grounds that a license requirement constituted a prior restraint on freedom of speech, press and religion, and, in the absence of narrowly drawn, reasonable and definite standards for the officials to follow, must be invalid."
Unlike some of the other decisions, this case was a "slam dunk" for the Court. "Indeed, rarely has any case been before this Court which shows so clearly an unwarranted discrimination in a refusal to issue such a license."
Justice Frankfurter's Concurrence
Justice Felix 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...
wrote a concurring opinion. He recognized not only the importance and difficulty of the issue of "adjustment of the inevitable conflict between free speech and other interests," but he realized that the Court had only a limited ability to "set limits and point the way." He proceeded to develop a sort of template for the various First Amendment issues faced by the Court.
Most significant in the "speech in public park" cases was the principle that if the licensing power had been made an "instrument of arbitrary suppression of free expression of views" it would violate 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...
. While the Court recognizes the centrality of free speech, free speech itself is not a touchstone. Public order must be balanced with the freedom of speech. But, in the case at hand, "neither danger to the public peace, nor consideration of time and convenience to the public, appears to have entered into the denial of the permit." He concluded, "To allow expression of religious views by some and deny the same privilege to others merely because they or their views are unpopular, even deeply so, is a denial of equal protection of the law forbidden by the 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...
."