Rescue Army et al. v. Municipal Court of Los Angeles (331 U.S. 549)

U.S. Supreme Court · decided June 9, 1947 · Supreme Court Database (Spaeth)

Citation
331 U.S. 549 · 67 S. Ct. 1409
Docket
No. 574
Argued
February 6, 1947
Decided
June 9, 1947
Term
October Term 1946
Vote
7–2
Majority author
Justice Rutledge
Issue area
Judicial Power
Disposition
Petition denied or appeal dismissed
Outcome
Petitioning party lost
Ideological direction
Conservative

How the Justices voted

Majority
Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed, Justice Rutledge (wrote)
Concurring in the judgment
Justice Black
Dissenting
Justice Douglas, Justice Murphy (wrote)

Opinion on Justia

Opinion excerpt

Mr. Justice Rutledge delivered the opinion of the Court. On the merits this appeal presents substantial questions concerning the constitutional validity of ordinances of the City of Los Angeles governing the solicitation of contributions for charity. First and Fourteenth Amendment grounds are urged as nullifying them chiefly in the view that they impose prior restraints upon and unduly abridge appellants’ rights in the free exercise of their religion. Those rights, as claimed, are to engage in soliciting donations for charity as a part of their religion free from the ordinances’ restrictions. Similar, but also distinct, questions were involved in Gospel Army v. Los Angeles, dismissed today for jurisdictional reasons. 331 U. S. 543. This case, however, arose procedurally in a different fashion, so that it is not subject to the same jurisdictional defect. And the procedural difference is important, not merely for our jurisdiction but also for determining the propriety of exercising it in the special circumstances presented by this appeal. The California Supreme Court heard and determined the Gospel Army case several months in advance of this one. It sustained the regulations in both instances, filing separate opinions in each case. 27 Cal. 2d 232; 28 Cal. 2d 460. But the attack upon the city ordinances in the Gospel Army case covered a much wider range than here, and the…

Excerpt of a 72,492-character opinion. The full text and citation network load in the interactive viewer above.

← Back to the decisions database