prince com argued december decided january rehearing denied mar see appeal superior massachusetts plymouth county hayden covington brooklyn appellant bushnell boston appellee justice rutledge delivered opinion case brings review another episode conflict jehovah witnesses state authority time sarah prince appeals convictions violating massachusetts child labor laws acts said rightful exercise religious convictions offenses committed aunt custodian betty simmons girl nine years age originally three separate complaints shortly refusal disclose betty identity age public officer whose duty enforce statutes furnishing magazines knowing sell unlawfully street betty custodian permitting work contrary law complaints made respectively pursuant sections chapter mass judicial reversed conviction first complaint state grounds sustained judgments founded mass present questions decision whether sections applied contravene fourteenth amendment denying abridging appellant freedom religion denying equal protection laws sections form parts massachusetts comprehensive child labor law provide methods enforcing prohibitions section follows boy twelve girl eighteen shall sell expose offer sale newspapers magazines periodicals articles merchandise description exercise trade bootblack scavenger trade street public place section far pertinent read furnishes sells minor article description knowledge minor intends sell article violation provision sections inclusive received written notice effect officer charged enforcement thereof knowingly procures encourages minor violate provisions said sections shall punished fine less ten two hundred dollars imprisonment two months section parent guardian custodian minor control compels permits minor work violation provision sections sixty inclusive shall first offence punished fine less two ten dollars imprisonment five days section story told evidence become familiar hardly needs repeating except give setting variations introduced part played child tender years mrs prince living brockton mother two young sons also legal custody betty simmons lives children jehovah witnesses mrs prince betty testified ordained ministers former accustomed go week streets brockton distribute according usual plan permitted children engage activity previously warned school attendance officer perkins december generally take night evening mrs prince preparing leave home children asked go first refused childlike resorted tears motherlike yielded arriving downtown mrs prince permitted children engage preaching work upon sidewalks specific reference betty mrs prince took positions twenty feet apart near street intersection betty held hand passersby see copies tower shoulder hung usual canvas magazine bag printed consolation per copy one accepted copy betty evening received money aunt occasions betty received funds given copies mrs prince betty remained minutes perkins approached mrs prince discussion ensued inquired refused give betty name however stated child attended shaw school perkins referred previous warnings said allow five minutes get street mrs prince admitted supplied betty magazines said either anybody else stop child exercising given right constitutional right preach gospel creature right interfere god commands however mrs prince betty departed remarked went going time time going home put little girl bed may added testimony betty aunt others offered trials cluded show betty believed religious duty perform work failure bring condemnation everlasting destruction armageddon case reaches us questions longer open whether child sell within section within section state decision foreclosed adversely appellant matter state law question remaining therefore whether construed applied statute valid upon said think freedom press religion subject incidental regulation slight degree involved prohibition selling religious literature streets public places boys twelve girls eighteen statutory provisions herein considered adopted means enforcing prohibition mass appellant stand freedom press regarding secular concedes may restricted massachusetts done hence rests squarely freedom religion first amendment applied fourteenth buttresses foundation however claim parental right secured due process clause latter amendment cf meyer nebraska guaranties thinks guard alike child done thus two claimed liberties stake one parent bring child way go appellant means teach tenets practices faith freedom child observe among preach gospel public distribution conformity scripture little shall lead position appellant seeks freedom conscience broader protection freedom mind may doubted great liberties insured first article given higher place others preferred position basic scheme schneider state cantwell connecticut interwoven together differences modes appropriate exercise unity charter prime place unity human sources functionings heart mind identical intuitive faith reasoned judgment spirit always thought everyday business living secular otherwise variant aspects personality find inseparable expression thousand ways altogether parted law life make accommodation freedoms exercise state authority always delicate hardly clash case presents one side obviously earnest claim freedom conscience religious practice allied parent claim authority household rearing children parent conflict state control child training serious enough secular matters concerned becomes element religious conviction enters sacred private interests basic democracy stand interests society protect welfare children state assertion authority end made manner conceded valid secular things involved last mere corporate concern official authority interest youth whole community children safeguarded abuses given opportunities growth free independent men citizens contrary pulls weight safest objective recourse lines already marked precisely guides narrowing man land battle gone rights children exercise religion parents give religious training encourage practice religious belief preponderant sentiment assertion state power voicing recognition recently west virginia state board education barnette previously pierce society sisters sustained parent authority provide religious secular schooling child right receive state requirement attendance public schools meyer nebraska children rights receive teaching languages nation common tongue guarded state encroachment cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder pierce society sisters supra recognition decisions respected private realm family life state enter family beyond regulation public interest claim religious liberty reynolds davis beason neither rights religion rights parenthood beyond limitation acting guard general interest youth well state parens patriae may restrict parent control requiring school regulating prohibiting child many ways authority nullified merely parent grounds claim control child course conduct religion conscience thus claim freedom compulsory vaccination child religious grounds right practice religion freedly include liberty expose community child communicable disease latter ill health death people pierson catalogue need lengthened sufficient show indeed appellant hardly disputes state wide range power limiting parental freedom authority things affecting child welfare includes extent matters conscience religious conviction said state first state action impinges upon claimed religious freedom must fall unless shown necessary conducive child protection clear present danger cf schenck added showing child presence street guardian distributing offering distribute magazines urged way harmful event presence many children time place engaged shopping activities prohibited accordingly view preferred position freedoms first article occupy statute present application must fall sustained presumption validity cf schneider state finally said statute children absolute prohibition merely reasonable regulation denounced activity concededly statute ordinance identical terms section except applicable adults persons generally invalid young california nichols massachusetts jamison texas murdock pennsylvania martin city struthers mere fact state wholly prohibit form adult activity whether characterized locally otherwise mean children conclusion granted mean state impose greater limitation upon child labor upon adult labor adult free enter dance halls saloons disreputable places generally order discharge conceived religious duty admonish dissuade persons frequenting places child similar convictions objectives alone parent company state command state authority children activities broader like actions adults peculiarly true public activities matters employment democratic society rests continuance upon healthy growth young people full maturity citizens implies may secure impeding restraints dangers within broad range selection among evils appropriate action crippling effects child especially public places possible harms arising activities subject diverse influences street late doubt legislation appropriately designed reach evils within state police power whether parents claim control child one religious scruples dictate contrary action true children rights common older people primary use highways even use streets afford dangers affecting adults uses whether work things difference may magnified children unaccompanied certainly extent parents may wholly permissible adults therefore may children either without parents presence street preaching whether oral handing literature primary use highway even adults wholly prohibited regulated within reasonable limits accommodation primary incidental uses obvious reasons notwithstanding appellant contrary validity prohibition applied children accompanied older person hardly seem open question case reduces therefore question whether presence child guardian puts limit state power fact may lessen likelihood evils legislation seeks avert occur forestall zealous though lawful exercise right engage propagandizing community whether religious political matters may times create tions difficult enough adults cope wholly inappropriate children especially tender years face harmful possibilities stated emotional excitement psychological physical injury parents may free become martyrs follow free identical circumstances make martyrs children reached age full legal discretion make choice massachusetts determined absolute prohibition though one limited streets public places incidental uses proscribed necessary accomplish legitimate objectives power attain broad enough reach peripheral instances parent supervision may reduce eliminate entirely ill effects prohibited conduct think reference public proclaiming religion upon streets similar public places power state control conduct children reaches beyond scope authority adults true case freedoms rightful boundary power crossed case ruling dispose also appellant argument founded upon denial equal protection falls based denial religious freedom since instance one another phrasing shortly contention street jehovah witnesses children church since conviction makes deny access religious purposes done effect excluding altar boys youthful choristers children edifices practice religious beliefs worship argument hardly needs statement said refute however jehovah witnesses may conceive public highways become religious erty merely assertion denial equal protection excluding children children may ruling extend beyond facts case presents neither lay foundation every state intervention indoctrination participation children religion may done name health welfare give warrant limitation religious training activities religious training indoctrination children may accomplished many ways noted received constitutional protection decisions others except public proclaiming religion streets may taken either training indoctrination proclaimer remain unaffected decision judgment affirmed affirmed attempt state massachusetts prohibit child exercising constitutional right practice religion public streets opinion sustained record makes clear basic fact betty simmons year old child question engaged genuine religious rather commercial activity member jehovah witnesses taught tenets sect guardian appellant tenets included duty publicly distributing religious tracts street door door pursuant religious duty company appellant betty simmons night december standing public street corner offering distribute jehovah witness literature passersby expectation pecuniary profit appellant undisputed furthermore desire appellant consent testified motivated love lord commanded distribute literature declared way worshipping god occupied words form missionary evangelism purpose evangelical revival meeting murdock pennsylvania religious training activity whether performed adult child protected fourteenth amendment interference state action except insofar violate reasonable regulations adopted protection public health morals welfare problem whether state guise enforcing child labor laws lawfully prohibit girls age eighteen boys age twelve practicing religious faith insofar involves distribution sale religious tracts public streets question freedom speech freedom press present called upon determine permissible restraints rights truancy curfew restrictions issue statutes question prohibit children within specified age limits selling offering sell newspapers magazines periodicals articles merchandise description street public place criminal sanctions imposed parents guardians compel permit minors control engage prohibited transactions state construed statutes cover activities involved cf state richardson thereby imposing indirect restraint parents guardians free exercise minors religious beliefs indirect restraint less effective direct one square conflict stitutional guarantee religious freedom state legitimate interest protecting welfare children thus presented opinion demonstrates power state lawfully control religious activities children greater power similar activities adults fact decisive issue posed case obvious fact family subject reasonable regulation public interest concerned solely reasonableness particular prohibition religious activity children dealing validity statutes directly indirectly infringe religious freedom right parents encourage children practice religious belief aided strong presumption constitutionality legislation carolene products note contrary human freedoms enumerated first amendment carried fourteenth amendment presumed invulnerable attempt sweep away freedoms prima facie invalid follows restriction prohibition must justified deny freedoms unlawfully invaded burden therefore state massachusetts prove reasonableness necessity prohibiting children engaging religious activity type involved case burden instance however met vague references reasonableness underlying child labor legislation general great interest state shielding minors evil vicissitudes early life warrant every limitation religious training activities reasonableness justifies prohibition ordinary distribution literature public streets children necessarily sonableness justifies drastic restriction distribution part religious faith murdock pennsylvania supra right child practice religion manner forbidden constitutional means must convincing proof practice constitutes grave immediate danger state health morals welfare child west virginia state board education barnette vital freedom religion essence scheme ordered liberty palko connecticut erased slender references state power restrict secular activities children state opinion completely failed sustain burden proving existence grave immediate danger interest may lawfully protect proof betty simmons mode worship constituted serious menace public carried orderly lawful manner public street corner rightfully street state left open public carries elsewhere constitutional right express views orderly fashion right extends communication ideas handbills literature well spoken word jamison texas sidewalk less cathedral evangelist tent proper place constitution orderly worship god use streets necessary jehovah witnesses salvation army others practice religion without benefit conventional shelters use streets purposes passage claimed however activity likely affect adversely health morals welfare child reference made majority opinion crippling effects child employment especially lic places possible harms arising activities subject diverse influences street extent flow participation ordinary commercial activities harms irrelevant case bare possibility harms might emanate distribution religious literature standing alone sufficient justification restricting freedom conscience religion parents guardians subjected criminal liability vague possibilities religious teachings might cause injury child evils must grave immediate substantial cf bridges california yet slightest indication record sources subject judicial notice children engaged distributing literature pursuant religious beliefs likely subject harmful influences street indeed probabilities indulged likelihood children engaged serious religious endeavor immune influences gambling truancy irregular eating sleeping habits serious vices consistent high moral character ordinarily displayed children fulfilling religious obligations moreover jehovah witness children invariably make distributions groups subject times adult parental control done case dangers thus exceedingly remote say least fact zealous exercise right propagandize community may result violent disorderly situations difficult children face excuse prohibiting exercise right chapter human history largely written terms persecution intolerance one dealing religious freedom ancient times present day ingenuity man known limits ability forge weapons oppression use againstrights dare express practice unorthodox religious beliefs jehovah witnesses living proof fact even nation conceived ideals freedom right practice religion unconventional ways still far secure militant unpopular faith pursued fanatical zeal suffered brutal beatings property destroyed harassed every turn resurrection enforcement little used ordinances statutes see mulder comisky witnesses mold constitutional law bill rights review along religious minorities befalls burden testing devotion ideals constitutional guarantees religious freedom therefore hesitate approving application statute might used another instrument oppression religious freedom sacred right restricted prohibited degree without convincing proof legitimate interest state grave danger justice jackson novel feature decision holds state may apply child labor laws restrict prohibit activity recently last term held form religious activity occupies high estate first amendment worship churches preaching pulpits claim protection orthodox conventional exercises religion mere fact religious literature itinerant preachers rather transform evangelism commercial enterprise passing collection plate church make church service commercial project constitutional holding public dinners entertainments various kindsspreading religious beliefs spoken printed word gauged standards governing retailers wholesalers books murdock pennsylvania difficult believe going upon streets accost public thing application public law withdrawing private structure religious worship worship churches activity jehovah witnesses streets high estate claim protection seem child labor laws may applied either murdock doctrine stands along today decision foundation laid state intervention indoctrination participation children religion provided done name health welfare case brings surface real basis disagreement among members previous jehovah witness cases murdock pennsylvania martin struthers jones opelika douglas jeannette basic difference seems method establishing limitations necessity bound religious freedom view may shortly put think limits begin operate whenever activities begin affect collide liberties others public religious activities concern members faith nearly absolutely free anything beyond many religious denominations sects engage collateral secular activities intended obtain means unbelievers sustain worshippers leaders raise money merely passing plate voluntarily attend services contributions people solicitations drives addressed public sales bingo games lotteries activities public scale think caesar affairs may regulated state long discriminate one religious purpose regulation arbitrary capricious violation provisions constitution murdock case rejected principle separating immune religious activities secular ones declaring disabilities constitution imposed local authorities instead draws line based age cuts across true exercise religion auxiliary secular activities think correct principle defining activities immune regulation grounds religion murdock overrules grounds think affirmance rest alternative dissent grounds affirmance judgment think rightly decided upon right grounds judicial massachusetts mass justice roberts justice frankfurter join opinion justice murphy dissenting footnotes found evidence appellant asked betty age held conviction refusal disclose child name based charge section violate article declaration rights commonwealth provides part subject shall held answer crimes offence fully plainly substantially formally described compelled accuse furnish evidence appellant received moderate fines complaint first district brockton pleas guilty trial de novo without jury superior plymouth county motions dismiss quash complaints directed findings rulings made seasonably denied superior laws amended acts resolves cf facts set forth jamison texas largent texas murdock pennsylvania busey district columbia common feature specified small sums generally asked received publications may without payment desired respect massachusetts decision contrary trend compare state mead iowa state meredith state ex rel semansky stark la city shreveport teague la people barber thomas city atlanta city cincinnati mosier ohio app contra mcsparran city portland circuit multnomah county oregon june appeal dismissed certiorari denied opinion said judge find passerby hand five cents accordance sign bag receive magazine return sale effected judge required accept defendant characterization transaction believe selling literature played prominent part enterprise giving way find defendant furnished magazines betty knowing latter intended sell violation section judge find defendant permitted betty violation section say evils statutes directed attendant upon selling children newspapers magazines periodicals merchandise streets public places exist publications religious nature mass appellant brief says purpose legislation protect children economic exploitation keep evils enterprises contribute degradation children argument counsel stated prohibition valid claim freedom press nonreligious activity due process claim made perhaps necessarily extends freedom religion since circumstances comprehended former included latter state bailey ind compare meyer nebraska pierce society sisters west virginia state board education barnette sturges burn mfg beauchamp compare muller oregon cf people ewer jacobson massachusetts see also state chenoweth ind owens state pertinent also decisions involving license features lovell city griffin schneider state hague committee industrial organization see volumes report condition woman child wage earners doc sess working children boston dept labor children bureau publication fuller meaning child labor fuller strong child labor massachusetts see clopper child labor city streets children street work dept labor children bureau publication children engaged newspaper magazine selling delivering dept labor children bureau publication cox new hampshire chaplinsky new hampshire although argument points guardian presence showing child activities harmful nowhere conceded briefs statute applied consistently guaranty religious freedom facts altered guardian absence