Rescue Army v. Municipal Court
United States Supreme Court
331 U.S. 549 (1947)
- Written by Rose VanHofwegen, JD
Facts
The City of Los Angeles had municipal ordinances that required anyone using a fixed box or receptacle for soliciting donations to first obtain a permit, complete an information card, and present the card so that potential donors could read it before donating. The city charged an officer of the Rescue Army (plaintiff) with violating three provisions, but the indictment charged only two counts. The Rescue Army countered that the ordinances unconstitutionally infringed on freedom of speech and the free exercise of religion. The municipal court (defendant) twice convicted, but a state appellate court twice reversed and remanded. While the case remained pending in municipal court, the Rescue Army sued in state appellate court, challenging the jurisdiction of the municipal court to try the officer on the same charges a third time. The lawsuit proceeded to the California Supreme Court, which upheld the ordinances as constitutional and affirmed that the municipal court had jurisdiction. The Rescue Army appealed to the Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Rutledge, J.)
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