Opinion of the Court Tucker v. Texas



justice hugo black, author of majority opinion


justice hugo black delivered opinion of court. black referred marsh v. alabama, 326 u.s. 501 (1946) decided during same term. in case, court had held state trespassing statute not used prevent distribution of religious literature requiring permit in company town. black noted difference here marsh case involved privately owned town , current case involved town owned federal government. black allowed there might case might proper security reasons prohibit outsiders entering such housing area, did not apply in case. case reversed , remanded.


concurrence

justice felix frankfurter, author of concurring opinion


justice felix frankfurter issued concurring opinion. frankfurter noted since town owned government rather private company, government held higher requirement not infringe on basic freedoms company. noted did not involve act of congress.


dissent

justice harlan stone, author of dissenting opinion


chief justice harlan f. stone, justice stanley f. reed , justice harold h. burton construed case showing conviction refusing, @ request of authorized agent, leave premises owned united states , have not been shown dedicated general use public. they, therefore, have upheld conviction reasons given in dissent in marsh.








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