Evening star., 1942-06-13
The Week in Religion
Church Leaders Study Courts
Decision on Religious Freedom
Nv ReliHiouA News Service.

Church leaders were reluctant to
express an opinion on this weeks
Supreme Court decision which up
held by vote of to 4 the right
Of three cities to impose license fees
on members Of Jehovah's Witnesses
who distributed religious literature
through which they sought contri-
buttons. Although expressing great
interest in the decision. religious
leaders preferred to study the COM
plete text before expressing an opin-
ion. 1t is understood that the high
court decision is under study by
officials of the Federal Council Of
Churches and other bodies, IN view
of the majority opinion which held
that the exercise Of free speech, a
free press and religious freedom may
be limited by legislative bodies Ito
times, places and methods not at
odds with the preservation Of peace
and order"
A study of the complete text Of
the decision made by Religious News
Service reveals a sharp conflict be-
tween Justice Reeds majority opin-
ion and the dissenting opinions Of
Chief Justice Stone and Justice
Murphy, in which Justices Black
and Douglas joined. over the issue
involved in the case. The majority
opinion held that the issue of reli-
gious freedom was not involved.
The sole constitutional question
considered is whether a non-dis-
criminatory license fee, presumably
appropriate in amount, may be i'm
posed upon these activities" said
Justice Reeds opinion.
When proponents of religious or
social theories use the ordinary COM
mercial methods of sales of articles
to raise propaganda funds, it is
natural and proper exercise of the
power of the State to charge rea-
sonable fees for the privilege of
canvassing. Careful as we may be
and should be to protect the free
doms safeguarded by the Bill of
Rights, it is difficult to see in such
enactments shadow of prohibition
of the exercise of religion or of
abridgement Of the freedom of
speech or of the press"
Majority Contention Denied.
The minority opinion. written by
Justice Murphy, denied Justice
Reeds contention that the motives
of the Jehovah's Witnesses were
commercial, and said that they were
evangelizing their faith as they saw
it, Justice Murphy then went on
to assert that the issue Of religious
freedom is directly involved in the
case Whatever the amount in
volved," he said, "the taxes are in
reality taxes upon the dissemination
of religious ideas. a dissemination
carried on by the distribution of
religious literature for religious rea-
sons alone and not for personal
profit AS such, they place bur-
den on freedom of speech. freedom
of the press and the exercise of
religion even if the question of the
amount is laid aside"
In stating that the freedoms may
be limited by legislative bodies to
times, places and methods not at
odds with the preservation of peace
and order" the mapority opinion
declared:
This means that the proponents
Of ideas cannot determine entirely
for themselves the time and place
and manner for the diffusion of
knowledge or for their evangelism,
any more than the civil authorities
may hamper or suppress the public
dissemination of facts and prin-
ciples by the people. The ordinary
requirements of civilized life compel
this adjustment of interests"
The minority opinion pointed out,
however, that the Jehovah's Wit
nesses were itinerant ministers
going through the streets and from
house to house in different COM
munities, preaching the gospel by
distributing booklets and pamphlets
setting forth their views on the Bible
and the tenets of their faith
While perhaps not so orthodox
as the oral sermon" the opinion
said, the use of religious books is
an old, recognized and effective
mode of worship and means of
proselytizing. For this the petit
tioners we're taxed The mind rebels
at the thought that minister of
any of the old established churches
could be made to pay fees to the
community before entering the pull
pit" The opinion added that "the
accepted clergymen of the town can
take to their pulpits and distribute
their literature without the impact
of taxation"
Charge Discrimina ton.
The minority report implied that
members of the Jehovah's Witnesses
sect have been deliberately discrim-
mated against "One need only
read the decisions of this and other
courts in the past few years to
see the unpopularity of Jehovah's
Witnesses and the difficulties put
in their path because of their re-
ligious beliefs" it said.
An arresting parallel exists be-
tween the troubles of Jehovah's
Witnesses and the struggles of vari-
Gus dissentient groups in the Amer
ican Colonies for religious liberty