Marsh v. Alabama (1940)
- Docket
- 114
- Decided
- 1940-1955-
Summary
Question: Did Alabama violate Marsh's rights under the First and Fourteenth amendments by refusing to allow her to distribute religious material in the privately owned town of Chickasaw? Conclusion: In an opinion by Justice Hugo L. Black, the majority ruled in Marsh’s favor. The Court reasoned that a company town does not have the same rights as a private homeowner in preventing unwanted religious expression. While the town was owned by a private entity, it was open for use by the public, who are entitled to the freedoms of speech and religion. The Court employed a balancing test, weighing Chickasaw’s private property rights against Marsh’s right to free speech. The Court stressed that conflicts between property rights and constitutional rights should typically be resolved in favor of the latter. Justice Frankfurter concurred. Justices Reed, Burton, and Stone dissented.