Legal Opinion

Joseph H. Munson Co. v. Secretary of State

Court of Special Appeals of Maryland

Decided March 11, 1981No. 925, September Term, 1980PublishedCited by 3 opinions

1Opinion of the CourtGilbert, C. J.

Sometimes a government, in its zeal to protect the governed, enacts laws that trespass unnecessarily upon the constitutional rights of some of the governed. It is extremely difficult in regulating any practice, custom, business, or industry not to trample, to a degree, upon the constitutional rights of someone. Governmental intrusion upon the constitutional rights of one group for the protection of a larger group, while looked upon with disfavor, is not, however, ipso facto invalid. The test is not whether there has been an infringement upon the rights of those regulated, but rather, whether…

2Cases cited16 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. Thornhill v. AlabamaSupreme Court of the United States · 1940
  5. Dombrowski v. PfisterSupreme Court of the United States · 1965

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3Cited by3 opinions

  1. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
  2. Joseph H. Munson Co. v. Secretary of StateCourt of Appeals of Maryland · 1984
  3. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984

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