Murdock v. Pennsylvania
E74317
First Amendment case
United States Supreme Court case
free exercise of religion case
freedom of speech case
Murdock v. Pennsylvania is a 1943 U.S. Supreme Court case that held it unconstitutional to impose a license tax on the distribution of religious literature, reinforcing First Amendment protections for religious proselytizing.
Aliases (1)
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
First Amendment case
→
United States Supreme Court case → free exercise of religion case → freedom of speech case → |
| areaOfLaw |
First Amendment law
→
constitutional law → freedom of speech → religious liberty → |
| argued |
1943-03-10
→
1943-03-11 → |
| citation |
319 U.S. 105
→
|
| citedIn |
Follett v. Town of McCormick
→
Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton → |
| constitutionalProvisionInvolved |
First Amendment to the United States Constitution
→
Fourteenth Amendment to the United States Constitution → |
| court |
Supreme Court of the United States
→
|
| decisionDate |
1943-05-03
→
|
| decisionType |
landmark decision
→
|
| dissentingOpinionBy |
Justice Felix Frankfurter
→
Justice Robert H. Jackson → |
| docketNumber |
480
→
|
| fullCaseName |
Murdock v. Commonwealth of Pennsylvania
→
|
| holding |
A flat license tax on the distribution of religious literature is unconstitutional as applied to religious colporteurs
→
Freedom of press, speech, and religion cannot be conditioned on the payment of a license tax → The First Amendment prohibits imposing a license tax on the exercise of religious proselytizing and distribution of religious literature → |
| joinedByInMajority |
Chief Justice Harlan F. Stone
→
Justice Frank Murphy → Justice Hugo L. Black → Justice Owen J. Roberts → Justice Wiley B. Rutledge → |
| jurisdiction |
Commonwealth of Pennsylvania
→
|
| legalIssue |
whether a municipality may impose a flat license tax on the distribution of religious literature
→
|
| majorityOpinionBy |
Justice William O. Douglas
NERFINISHED
→
|
| overturnedOrLimitedTaxRegime |
municipal license tax on door-to-door distribution of literature
→
|
| page |
105
→
|
| partyType |
religious colporteurs
→
|
| precedentFor |
invalidating license taxes burdening First Amendment rights
→
protection of door-to-door religious solicitation → |
| ratioDecidendi |
The power to tax the exercise of a constitutional privilege is the power to control or suppress its enjoyment
→
|
| relatedCase |
Cantwell v. Connecticut
→
Jones v. City of Opelika → Lovell v. City of Griffin → |
| relatedConcept |
Jehovah's Witnesses
→
free exercise of religion → freedom of the press → religious proselytizing → |
| reporter |
United States Reports
→
|
| volume |
319
→
|
| yearDecided |
1943
→
|
Referenced by (3)
| Subject (surface form when different) | Predicate |
|---|---|
|
Murdock v. Pennsylvania
("Murdock v. Commonwealth of Pennsylvania")
→
|
fullCaseName |
|
United States Supreme Court cases of the Stone Court
→
|
includesCase |
|
Cantwell v. Connecticut
→
|
relatedCase |