Murdock v. Pennsylvania

E74317

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.


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

Please wait…