Background Tucker v. Texas

1 background

1.1 history
1.2 lower courts
1.3 direct appeal u.s. supreme court

background
history

tucker ordained minister of group known jehovah s witnesses. in accordance practices of group called on people door door, presenting religious views willing listen, , distributes religious literature willing receive it. in course of work, went hondo navigation village located on hondo army airfield in medina county, texas. village owned united states under congressional program designed provide housing persons engaged in national defense activities. according indications village freely accessible , open public , had characteristics of typical american town.

the federal public housing authority had placed buildings in charge of manager duty rent houses, collect rents, , supervise operations, subject over-all control authority. ordered tucker discontinue religious activities in village. tucker refused. later manager ordered tucker leave village. insisting manager had no right suppress religious activities, appellant declined leave, , arrest followed. @ trial manager testified controlling federal agency had given him full authority regulate conduct of living in village, , did not allow preaching ministers of denomination without permit issued him in discretion. thought broad authority entrusted him, @ least in part, regulation, authority s washington office had allegedly promulgated. testified regulation provided no peddlers or hawkers come or remain in village without getting permission manager.

lower courts

tucker charged in justice court of medina county violating article 479, chap. 3 of texas penal code makes offense peddler or hawker of goods or merchandise willfully refuse leave premises after having been notified owner or possessor thereof. tucker argued not peddler or hawker of merchandise, minister of gospel engaged in distribution of religious literature willing recipients. contended construe texas statute applicable activities would, extent, bring conflict constitutional guarantees of freedom of press , religion. contention rejected , convicted. on appeal medina county court, constitutional argument again overruled.

direct appeal u.s. supreme court

at time, texas law did not provide subsequent appeal higher state court. under 28 u.s.c. 344(a) (now @ 28 u.s.c. § 1257), united states supreme court has jurisdiction hear appeal when there no higher state court authorized review case. supreme court granted certiorari hear case.