The publishers of more than 1,200 newspapers are members of the Associated Press (AP), a cooperative *4 association incorporated under the Membership Corporation Law of the State of New York. Its business is the collection, assembly and distribution of news. The news it distributes is originally obtained by direct employees of the Association, employees of the member newspapers, and the employees of foreign independent news agencies with which AP has contractual relations, such as the Canadian Press. Distribution of the news is made through interstate channels of communication to the various newspaper members of the Association, who pay for it under an assessment plan which contemplates no profit to AP.

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In March 1996, California voters passed Proposition 198. Known as the Open Primary Act, the law changed the state's primary election from a closed to a blanket primary. In a blanket primary, voters can switch primaries for different offices. For instance, a registered Democrat can vote in the Republican primary for governor, the Libertarian primary for a state representative and in the Democratic primary for another office. Four political parties the Republican, Democratic, Libertarian and Peace and Freedom parties contend that the law infringes on their free association rights to pick and choose their own candidates. In 1997, a federal district court judge ruled the blanket primary law constitutional. On appeal, the 9th Circuit affirmed. The U.S. Supreme Court agreed to review the decision on January 21, 2000.

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Petitioners, Jehovah's Witnesses, were convicted in prosecutions for absence without leave from a civilian public service camp, in violation of § 11 of the Selective Training and Service Act of 1940. The defense in each case was that the local board's classification of the petitioner as a conscientious objector, rather than as an exempt minister of religion was invalid.

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331 U.S. 367 (1947) CRAIG ET AL. v. HARNEY, SHERIFF. No. 241. Supreme Court of United States. Argued January 9, 1947. Decided May 19, 1947. CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS. *368 Marcellus G. Eckhardt and Ireland Graves argued the cause for petitioners. With them on the brief was Charles L. Black. Jerry D’Unger argued the cause for respondent. With him on the brief was John S. McCampbell. Elisha Hanson and Letitia Armistead filed a brief for the American Newspaper Publishers Association, as amicus curiae, urging reversal. Opinion of the Court by MR. JUSTICE DOUGLAS, announced by […]

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This case presents questions as to the validity of an order issued by petitioner, the Postmaster General, which directed that mail addressed to some of respondents be returned to the senders marked "Fraudulent," and that postal money order sums payable to their order be returned to the remitters.

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Petitioners brought this suit in the United States District Court for Western Pennsylvania to restrain threatened criminal prosecution of them in the state courts by respondents, the City of Jeannette (a Pennsylvania municipal corporation) and its Mayor, for violation of a city ordinance which prohibits the solicitation of orders for merchandise without first procuring a license from the city authorities and paying a license tax. The ordinance as applied is held to be an unconstitutional abridgment of free speech, press and religion in Murdock v. Pennsylvania, ante, p. 105. The questions decisive of the present case are whether the district court has statutory jurisdiction as a federal court to entertain the suit, and whether petitioners have by their pleadings and proof established a cause of action in equity.

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This is a companion case to Eagles v. Samuels, No. 59, decided this day, ante p. 304. Certiorari also brings it here from the Third Circuit Court of Appeals. That court followed the same procedure here as it did in Samuels' case; it reversed the District Court which had dismissed the writ of habeas corpus brought on behalf of Horowitz, and remanded the cause to the District Court with directions to discharge him from military custody. 151 F.2d 801.

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Samuels registered under the Selective Training and Service Act of 1940,[1] as amended, and thereafter claimed *306 exemption from military service under § 5 (d) of the Act. That exemption includes not only regular or duly ordained ministers of religion but also "students who are preparing for the ministry in theological or divinity schools recognized as such for more than one year prior" to the Act. He was classified I-A and inducted into the Army. Thereafter he filed a petition for a writ of habeas corpus in the District Court, seeking release from military custody on the ground that he was entitled to an exemption under § 5 (d) of the Act and that his classification as I-A was unlawful. There was a return and a hearing, and the District Court ordered the writ dismissed. On appeal the Circuit Court of Appeals, in reliance on United States v. Cain, 149 F.2d 338, reversed and remanded the cause to the District Court with directions to "discharge" Samuels "from military custody, without prejudice to further lawful proceedings under the Selective Service Act." 151 F.2d 801, 802.

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A New Jersey statute authorizes its local school districts to make rules and contracts for the transportation of children to and from schools.[1] The appellee, a township board of education, acting pursuant to this statute, authorized reimbursement to parents of money expended by them for the bus transportation of their children on regular busses operated by the public transportation system. Part of this money was for the payment of transportation of some children in the community to Catholic parochial schools. These church schools give their students, in addition to secular education, regular religious instruction conforming to the religious tenets and modes of worship of the Catholic Faith. The superintendent of these schools is a Catholic priest.

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Appellant was convicted of violating an ordinance of the town of McCormick, South Carolina which provided: ". . . the following license on business, occupation and professions to be paid by the person or persons carrying on or engaged in such business, occupation or professions within the corporate limits of the Town of McCormick, South Carolina: Agents selling books, per day $1.00, per year $15.00." Appellant is a Jehovah's Witness and has been certified by the Watch Tower Bible & Tract Society as "an ordained minister of Jehovah God to preach the gospel of God's kingdom under Christ Jesus." He is a resident of McCormick, South Carolina, where he went from house to house distributing certain books. He obtained his living from the money received; he had no other source of income. He claimed that he merely offered the books for a "contribution." But there was evidence that he "offered to and did sell the books." Admittedly he had no license from the town and refused to obtain one. He moved for a directed verdict of not guilty at the close of the evidence, claiming that the ordinance restricted freedom of worship in violation of the First Amendment which the Fourteenth Amendment makes applicable to the States. The motion was overruled and appellant was found guilty by the jury in the Mayor's Court. That judgment was affirmed by the Circuit Court of General Sessions for McCormick County and then by the Supreme Court of South Carolina. The case is here on appeal. Judicial Code, § 237 (a), 28 U.S.C. § 344 (a).

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This case here on appeal under 28 U.S.C. § 1257 raises questions concerning the constitutional power of a state to apply its anti-trade-restraint law[1] to labor union activities, and to enjoin union members from peaceful picketing carried on as an essential and inseparable part of a course of conduct which is in violation of the state *492 law. The picketing occurred in Kansas City, Missouri. The injunction was issued by a Missouri state court.

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These cases carry forward another step the sequence in decision represented by Falbo, Billings, Estep and Smith.[1] Each petitioner has been convicted for violating § 11 of the Selective Training and Service Act (54 Stat. 894, 50 U.S.C. App. § 311), Dodez for failing to report for work of national importance after being ordered to do so and Gibson for having unlawfully deserted the camp to which he had been assigned for such work.[2]

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In 1943 petitioner, a native of Canada, filed his petition for naturalization in the District Court of Massachusetts. He stated in his application that he understood the principles *62 of the government of the United States, believed in its form of government, and was willing to take the oath of allegiance (54 Stat. 1157, 8 U.S.C. § 735 (b)) which reads as follows:

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With the permission of a board of education, granted under its general supervisory powers over the use of public school buildings, religious teachers, employed subject to the approval and supervision of the superintendent of schools by a private religious group including representatives of the Catholic, Protestant and Jewish faiths, gave religious instruction in public school buildings once each week. Pupils whose parents so requested were excused from their secular classes during the periods of religious instruction and were required to attend the religious classes; but other pupils were not released from their public school duties, which were compulsory under state law. A resident and taxpayer of the school district whose child was enrolled in the public schools sued in a state court for a writ of mandamus requiring the board of education to terminate this practice.

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Petitioner sought a writ of certiorari from this Court under Section 237 (b) of the Judicial Code to review the action of the Supreme Court of Illinois in denying petitioner's prayer for admission to the practice of law in that state. It was alleged that the denial was "on the sole ground that he is a conscientious objector to war" or to phrase petitioner's contention slightly differently "because of his conscientious scruples against participation in war." Petitioner challenges here the right of the Supreme Court to exclude him from the bar under the due process clause of the Fourteenth Amendment to the Constitution of the United States which secured to him protection against state action in violation of the principles of the First Amendment.[1] Because of the importance of the tendered issue in the domain of civil rights, we granted certiorari.[2] 323 U.S. 705.

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319 U.S. 103 63 S.Ct. 890 87 L.Ed. 1290 Roscoe JONES, Petitioner,v.CITY OF OPELIKA. Lois BOWDEN and Zada Sanders, Petitioners, v. CITY OF FORT SMITH, ARKANSAS. Charles JOBIN, Appellant, v. The STATE OF ARIZONA. Nos. 280, 314, 966. Reargued March 10, 11, 1943. Decided May 3, 1943. Robert MURDOCK, Jr., Petitioner, v. COMMONWEALTH OF PENNSYLVANIA (CITY OF JEANNETTE), and seven other cases. Nos. 280, 314, 966, 480—487. Supreme Court of the United States Reargued March 10, 11, 1943. May 3, 1943 Mr. Justice REED, dissenting. Mr. Hayden C. Covington, of Brooklyn, N.Y., for petitioners. No appearance for respondents. PER CURIAM. […]

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336 U.S. 77 (1949) KOVACS v. COOPER, JUDGE. No. 9. Supreme Court of United States. Submitted October 11, 1948. Decided January 31, 1949. APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY. George Pellettieri submitted on brief for appellant. Louis Josephson submitted on brief for appellee. Briefs of amici curiae urging reversal were filed by Osmond K. Fraenkel and Samuel Rothbard for the American Civil Liberties Union; and Lee Pressman, Frank Donner, M.H. Goldstein, Isadore Katz, Irving J. Levy, David Rein and Benjamin C. Sigal for the Congress of Industrial Organizations et al. *78 MR. JUSTICE REED announced […]

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Respondent publishes a daily newspaper at White Plains, New York. During the period relevant here, its daily circulation ranged from 9,000 to 11,000 copies. It had no desire for and made no effort to secure out-of-state circulation. Practically all of its circulation was local. But about one-half of 1 per cent was regularly out-of-state.[1] Petitioners are some of respondent's employees. They brought this suit in the New York courts to recover overtime compensation, liquidated damages and counsel fees pursuant to § 16 (b) of the Fair Labor Standards Act of 1938. 52 Stat. 1069, 29 U.S.C. § 216 (b). The supreme court gave judgment for the petitioners. 179 Misc. 832, 38 N.Y.S.2d 231; 180 Misc. 8, 41 N.Y.S.2d 534. The appellate division reversed and ordered the complaint to be dismissed. 267 App. Div. 284, 45 N.Y.S.2d 479. That judgment was affirmed by the court of *181 appeals without opinion. 293 N.Y. 781, 58 N.E.2d 520; 294 N.Y. 701, 60 N.E.2d 848. The case is here on a petition for a writ of certiorari which we granted because of the probable conflict between the decision below and those from the federal courts.[2]

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In this case we are asked to decide whether a State, consistently with the First and Fourteenth Amendments, can impose criminal punishment on a person who undertakes to distribute religious literature on the premises of a company-owned town contrary to the wishes of the town's management. The town, a suburb of Mobile, Alabama, known as Chickasaw, is owned by the Gulf Shipbuilding Corporation. Except for that it has all the characteristics of any other American town. The property consists of residential buildings, streets, a system of sewers, a sewage disposal plant and a "business block" on which business places are situated. A deputy of the Mobile County Sheriff, paid by the company, serves as the town's policeman. Merchants and service establishments have rented the stores and business places on the business block and *503 the United States uses one of the places as a post office from which six carriers deliver mail to the people of Chickasaw and the adjacent area. The town and the surrounding neighborhood, which can not be distinguished from the Gulf property by anyone not familiar with the property lines, are thickly settled, and according to all indications the residents use the business block as their regular shopping center. To do so, they now, as they have for many years, make use of a company-owned paved street and sidewalk located alongside the store fronts in order to enter and leave the stores and the post office. Intersecting company-owned roads at each end of the business block lead into a four-lane public highway which runs parallel to the business block at a distance of thirty feet. There is nothing to stop highway traffic from coming onto the business block and upon arrival a traveler may make free use of the facilities available there. In short the town and its shopping district are accessible to and freely used by the public in general and there is nothing to distinguish them from any other town and shopping center except the fact that the title to the property belongs to a private corporation.

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For centuries it has been a common practice in this and other countries for persons not specifically invited to go from home to home and knock on doors or ring doorbells to communicate ideas to the occupants or to invite them to political, religious, or other kinds of public meetings. Whether such visiting shall be permitted has in general been deemed to depend upon the will of the individual master of each household, and not upon the determination of the community. In the instant case, the City of Struthers, Ohio, has attempted to make this decision for all its inhabitants. The question to be decided is whether the City, consistently with the federal Constitution's *142 guarantee of free speech and press, possesses this power.[1]The appellant, espousing a religious cause in which she was interested — that of the Jehovah's Witnesses — went to the homes of strangers, knocking on doors and ringing doorbells in order to distribute to the inmates of the homes leaflets advertising a religious meeting. In doing so, she proceeded in a conventional and orderly fashion. For delivering a leaflet to the inmate of a home, she was convicted in the Mayor's Court and was fined $10.00 on a charge of violating the following City ordinance:"It is unlawful for any person distributing handbills, circulars or other advertisements to ring the door bell, sound the door knocker, or otherwise summon the inmate or inmates of any residence to the door for the purpose of receiving such handbills, circulars or other advertisements they or any person with them may be distributing."The appellant admitted knocking at the door for the purpose of delivering the invitation, but seasonably urged in the lower Ohio state court that the ordinance as construed and applied was beyond the power of the State because in violation of the right of freedom of press and religion as guaranteed by the First and Fourteenth Amendments.[2]*143 The right of freedom of speech and press has broad scope. The authors of the First Amendment knew that novel and unconventional ideas might disturb the complacent, but they chose to encourage a freedom which they believed essential if vigorous enlightenment was ever to triumph over slothful ignorance.[3] This freedom embraces the right to distribute literature, Lovell v. Griffin, 303 U.S. 444, 452, and necessarily protects the right to receive it. The privilege may not be withdrawn even if it creates the minor nuisance for a community of cleaning litter from its streets. Schneider v. State, 308 U.S. 147, 162. Yet the peace, good order, and comfort of the community may imperatively require regulation of the time, place and manner of distribution. Cantwell v. Connecticut, 310 U.S. 296, 304. No one supposes, for example, that a city need permit a man with a communicable disease to distribute leaflets on the street or to homes, or that the First Amendment prohibits a state from preventing the distribution of leaflets in a church against the will of the church authorities.

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