Brief Fact Summary. Marsh, a Jehovah’s Witness, was arrested for trespassing after attempting to distribute religious literature in a privately owned Alabama town.
Synopsis of Rule of Law. A private entity that acts like a governmental body and performs a public function is subject to the United States Constitution (Constitution).
Issue. Is the Constitution applicable to privately owned towns?
Held. Yes, it applies, because the town acts like a government body. The Supreme Court of the United States (Supreme Court) first recognizes that if Chickasaw had been a municipality the anti-trespassing statute would not be unconstitutional. The Supreme Court specifically states that a private town is not the same as a private homeowner. Meaning, it is not appropriate to suppress unwanted religious expression in the town like it would be in a private home.
One who is rightfully on a street which the state has left open to the public carries with him there as elsewhere the constitutional right to express his views in an orderly fashion.
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