Tucker v. Texas
Encyclopedia
Tucker v. Texas, 326 U.S. 517
(1946), was a case in which the Supreme Court of the United States
held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
. In accordance with the practices of this group he called on people from door to door, presenting his religious views to those willing to listen, and distributes religious literature to those willing to receive it. In the course of his work, he went to the Hondo Navigation Village located on the Hondo Army Airfield
in Medina County, Texas
. The village was owned by the United States under a Congressional
program which was designed to provide housing for persons engaged in National Defense activities. According to all indications the village was freely accessible and open to the public and had the characteristics of a typical American town.
The Federal Public Housing Authority
had placed the buildings in charge of a manager whose duty it was to rent the houses, collect the rents, and generally to supervise operations, subject to over-all control by the Authority. He ordered Tucker to discontinue all religious activities in the village. Tucker refused. Later the manager ordered Tucker to leave the village. Insisting that the manager had no right to suppress religious activities, appellant declined to leave, and his arrest followed. At the trial the manager testified that the controlling Federal agency had given him full authority to regulate the conduct of those living in the village, and that he did not allow preaching by ministers of any denomination without a permit issued by him in his discretion. He thought this broad authority was entrusted to him, at least in part, by a regulation, which the Authority's Washington
office had allegedly promulgated. He testified that this regulation provided that no peddlers or hawkers could come into or remain in the village without getting permission from the manager.
engaged in the distribution of religious literature to willing recipients. He contended that to construe the Texas statute as applicable to his activities would, to that extent, bring it into conflict with the Constitutional
guarantees of freedom of press
and religion
. His contention was rejected and he was convicted. On appeal to the Medina County Court, his Constitutional argument was again overruled.
to hear the case.
Justice Hugo Black
delivered the opinion of the court. Black referred to Marsh v. Alabama
, which was decided during the same term. In that case, the court had held that a state trespassing statute could not be used to prevent the distribution of religious literature by requiring a permit in a company town
. Black noted that the only difference here was that the Marsh case involved a privately owned town and the current case involved a town owned by the federal government. Black allowed that there might be a case where it might be proper for security reasons to prohibit outsiders from entering such a housing area, but that did not apply in this case. The case was reversed and remanded.
Justice Felix Frankfurter
issued a concurring opinion. Frankfurter noted that since the town was owned by the government rather than a private company, the government was held a higher requirement not to infringe on basic freedoms than a company. He also noted that this did not involve an act of Congress.
Chief Justice Harlan F. Stone, Justice Stanley F. Reed and Justice Harold H. Burton construed this case as showing a conviction for refusing, at the request of its authorized agent, to leave premises which are owned by the United States and which have not been shown to be dedicated to general use by the public. They, therefore, would have upheld the conviction for the reasons given in the dissent in Marsh.
. Those cases were heard primarily from the late 1930s to the mid-1940s. These cases also had a major role in enforcing the Bill of Rights
against the states via the Due Process Clause of the Fourteenth Amendment
. Like Tucker, most of these cases dealt with the distribution of religious literature and door-to-door preaching. Prior to these cases, the court had applied the clear and present danger test
developed by Justice Oliver Wendell Holmes, Jr.
to constitutional issues, but beginning with these cases, they begin to apply the strict scrutiny test
.
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...
(1946), 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 a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
History
Tucker was an ordained minister of the group known as Jehovah's WitnessesJehovah'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...
. In accordance with the practices of this group he called on people from door to door, presenting his religious views to those willing to listen, and distributes religious literature to those willing to receive it. In the course of his work, he went to the Hondo Navigation Village located on the Hondo Army Airfield
Hondo Municipal Airport
Hondo Municipal Airport is a public-use airport located two nautical miles northwest of the central business district of Hondo, in Medina County, Texas, United States. It is owned and operated by the city of Hondo.-Facilities and aircraft:...
in Medina County, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. The village was owned by the United States under a Congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
program which was designed to provide housing for persons engaged in National Defense activities. According to all indications the village was freely accessible and open to the public and had the characteristics of a typical American town.
The Federal Public Housing Authority
United States Housing Authority
The United States Housing Authority, or USHA, was an agency created during 1937 as part of the New Deal.It was designed to lend money to the states or communities for low-cost construction. Units for about 650,000 low-income people but mostly homeless were started...
had placed the buildings in charge of a manager whose duty it was to rent the houses, collect the rents, and generally to supervise operations, subject to over-all control by the Authority. He ordered Tucker to discontinue all religious activities in the village. Tucker refused. Later the manager ordered Tucker to leave the village. Insisting that the manager had no right to suppress religious activities, appellant declined to leave, and his arrest followed. At the trial the manager testified that the controlling Federal agency had given him full authority to regulate the conduct of those living in the village, and that he did not allow preaching by ministers of any denomination without a permit issued by him in his discretion. He thought this broad authority was entrusted to him, at least in part, by a regulation, which the Authority's Washington
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
office had allegedly promulgated. He testified that this regulation provided that no peddlers or hawkers could come into or remain in the village without getting permission from the manager.
Lower courts
Tucker was charged in the Justice Court of Medina County with violating Article 479, Chap. 3 of the Texas Penal Code which makes it an offense for any 'peddler or hawker of goods or merchandise' willfully to refuse to leave premises after having been notified to do so by the owner or possessor thereof. Tucker argued that he was not peddler or hawker of merchandise, but a minister of the gospelGospel
A gospel is an account, often written, that describes the life of Jesus of Nazareth. In a more general sense the term "gospel" may refer to the good news message of the New Testament. It is primarily used in reference to the four canonical gospels of Matthew, Mark, Luke, and John...
engaged in the distribution of religious literature to willing recipients. He contended that to construe the Texas statute as applicable to his activities would, to that extent, bring it into conflict with the Constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
guarantees of freedom of press
Freedom of the press in the United States
Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. This clause is generally understood as prohibiting the government from interfering with the printing and distribution of information or opinions, although freedom of the press, like...
and religion
Freedom of religion in the United States
In the United States, freedom of religion is a constitutionally guaranteed right provided in the religion clauses of the First Amendment. Freedom of religion is also closely associated with separation of church and state, a concept advocated by Thomas Jefferson....
. His contention was rejected and he was convicted. On appeal to the Medina County Court, his Constitutional argument was again overruled.
Direct appeal to U.S. Supreme Court
At the time, Texas law did not provide for a subsequent appeal to a higher state court. Under 28 U.S.C. 344(a) (now at ), the United States Supreme Court has jurisdiction to hear an appeal when there is no higher state court authorized to review the case. The Supreme Court granted certiorariCertiorari
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...
to hear the case.
Opinion of the Court
Hugo 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...
delivered the opinion of the court. Black referred to Marsh v. Alabama
Marsh v. Alabama
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...
, which was decided during the same term. In that case, the court had held that a state trespassing statute could not be used to prevent the distribution of religious literature by requiring a permit in 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...
. Black noted that the only difference here was that the Marsh case involved a privately owned town and the current case involved a town owned by the federal government. Black allowed that there might be a case where it might be proper for security reasons to prohibit outsiders from entering such a housing area, but that did not apply in this case. The case was reversed and remanded.
Concurrence
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...
issued a concurring opinion. Frankfurter noted that since the town was owned by the government rather than a private company, the government was held a higher requirement not to infringe on basic freedoms than a company. He also noted that this did not involve an act of Congress.
Dissent
Subsequent developments
This case was one of a series of cases known as the Jehovah's Witnesses cases that clarified the Free Exercise ClauseFree 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:...
. Those cases were heard primarily from the late 1930s to the mid-1940s. These cases also had a major role in enforcing the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
against the states via the Due Process Clause of 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...
. Like Tucker, most of these cases dealt with the distribution of religious literature and door-to-door preaching. Prior to these cases, the court had applied the clear and present danger test
Clear and present danger
Clear and present danger was a term used by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I:...
developed by Justice Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
to constitutional issues, but beginning with these cases, they begin to apply the strict scrutiny test
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
.
See also
- Marsh v. AlabamaMarsh v. AlabamaMarsh 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...
- United States Supreme Court cases involving Jehovah's Witnesses
- List of United States Supreme Court cases, volume 326