Legal Opinion · Dissent

Prince v. Massachusetts

Supreme Court of the United States

Decided March 27, 1944No. 98Published

1DissentJustice Muephy

This attempt by the state of Massachusetts to prohibit a child from exercising her constitutional right to practice her religion on the public streets cannot, in my opinion, be sustained.

The record makes clear the basic fact that Betty Simmons, the nine-year old child in question, was engaged in a genuine religious, rather than commercial, activity. She was a member of Jehovah’s Witnesses and had been taught the tenets of that sect by her guardian, the appellant. Such tenets included the duty of publicly distributing religious tracts on the street and from door to door. Pursuant to this…

2Cases cited11 opinions

  1. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  2. Palko v. ConnecticutSupreme Court of the United States · 1937
  3. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  4. Douglas v. City of JeannetteSupreme Court of the United States · 1943
  5. Bridges v. CaliforniaSupreme Court of the United States · 1941

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