Have the Witnesses ever lost a court case (in the US.) involving worship or the freedom to do so?
EW.
Jw court cases
by ellderwho 4 Replies latest jw friends
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garybuss
They went to the Supreme Court of the United States to establish they had a right to call a police officer a god-damn fascist. Of course they lost. We all know cursing at a cop is a core element of the Jehovah's Witness religion and should be protected under free religious speech rights.
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Junction-Guy
Garybuss, what legal case was this? Did they really call the cop that?
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garybuss
U.S. Supreme Court
CHAPLINSKY v. STATE OF NEW HAMPSHIRE, 315 U.S. 568 (1942)
315 U.S. 568
CHAPLINSKY
v.
STATE OF NEW HAMPSHIRE.
No. 255.
Argued Feb. 5, 1942.
Decided March 9, 1942.
Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellant.
Mr. Frank R. Kenison, of Conway, N.H., for appellee. [315 U.S. 568, 569]
Mr. Justice MURPHY delivered the opinion of the Court.
Appellant, a member of the sect known as Jehovah's Witnesses, was convicted in the municipal court of Rochester, New Hampshire, for violation of Chapter 378, Section 2, of the Public Laws of New Hampshire: 'No person shall address any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place, nor call him by any offensive or derisive name, nor make any noise or exclamation in his presence and hearing with intent to deride, offend or annoy him, or to prevent him from pursuing his lawful business or occupation.'
The complaint charged that appellant 'with force and arms, in a certain public place in said city of Rochester, to wit, on the public sidewalk on the easterly side of Wakefield Street, near unto the entrance of the City Hall, did unlawfully repeat, the words following, addressed to the complainant, that is to say, 'You are a God damned racketeer' and 'a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists' the same being offensive, derisive and annoying words and names'.
Upon appeal there was a trial de novo of appellant before a jury in the Superior Court. He was found guilty and the judgment of conviction was affirmed by the Supreme Court of the State. 91 N.H. 310, 18 A.2d 754.
By motions and exceptions, appellant raised the questions that the statute was invalid under the Fourteenth Amendment of the Constitution of the United States in that it placed an unreasonable restraint on freedom of speech, freedom of the press, and freedom of worship, and because it was vague and indefinite. These contentions were overruled and the case comes here on appeal.
There is no substantial dispute over the facts. Chaplinsky was distributing the literature of his sect on the streets [315 U.S. 568, 570] of Rochester on a busy Saturday afternoon. Members of the local citizenry complained to the City Marshal, Bowering, that Chaplinsky was denouncing all religion as a 'racket'. Bowering told them that Chaplinsky was lawfully engaged, and then warned Chaplinsky that the crowd was getting restless. Some time later a disturbance occurred and the traffic officer on duty at the busy intersection started with Chaplinsky for the police station, but did not inform him that he was under arrest or that he was going to be arrested. On the way they encountered Marshal Bowering who had been advised that a riot was under way and was therefore hurrying to the scene. Bowering repeated his earlier warning to Chaplinsky who then addressed to Bowering the words set forth in the complaint.
Chaplinsky's version of the affair was slightly different. He testified that when he met Bowering, he asked him to arrest the ones responsible for the disturbance. In reply Bowering cursed him and told him to come along. Appellant admitted that he said the words charged in the complaint with the exception of the name of the Deity. <Snip>< WatchTower lost this case . . . read it here>
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=315&invol=568 -
Junction-Guy
Thanks, I wasnt even aware of this case.