lovell city griffin argued decided march moyle brooklyn appellant hughes spalding sumter kelley atlanta respondent chief justice hughes delivered opinion appellant alma lovell convicted recorder city griffin violation city ordinance sentenced imprisonment fifty days default payment fine superior county refused sanction petition review appeals affirmed judgment superior state denied application certiorari case comes appeal ordinance question follows practice distributing either hand otherwise circulars handbooks advertising literature kind whether said articles delivered free whether sold within limits city griffin without first obtaining written permission city manager city griffin practice shall deemed nuisance punishable offense city griffin chief police city griffin police force city griffin hereby required directed suppress abate nuisance described first section ordinance violation denied consisted distribution without required permission pamphlet magazine nature religious tracts setting forth gospel jehovah appellant apply permit regarded sent jehovah work application act disobedience commandment upon trial permission appellant demurred charge moved dismiss upon number grounds among contention ordinance violated fourteenth amendment constitution abridging freedom press prohibiting free exercise petitioner religion contention thus expressed said ordinance contrary violation first amendment constitution reads congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances ordinance also contrary violation fourteenth amendment constitution effect making said first amendment applicable reads persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws ordinance absolutely prohibits distribution literature kind within limits city griffin without permission city manager thus abridges freedom press contrary provisions said quoted amendments ordinance also prohibits free exercise petitioner religion practice thereof prohibiting distribution literature petitioner religion violation terms said quoted amendments appeals overruling objections sustained constitutional validity ordinance saying said ordinance unconstitutional abridges freedom press prohibits distribution literature petitioner religion violation fourteenth amendment constitution separate paragraph opinion said charge ordinance void violated designated provision state federal constitution without stating wherein violation indefinite present constitutional question think statement must referred grounds demurrer objection quoted sufficiently specific definitely ruled upon contention restraint free exercise religion respect ordinance presented case coleman city griffin appeal dismissed october want substantial federal question reynolds davis beason coleman case deal question freedom speech press properly presented think question adequately presented decided instant case whether presented decided federal question carter texas ward board love county first national bank anderson schuylkill trust pennsylvania jurisdiction freedom speech freedom press protected first amendment infringement congress among fundamental personal rights liberties protected fourteenth amendment invasion state action gitlow new york stromberg california near minnesota grosjean american press company de jonge oregon see also palko connecticut decided december also well settled municipal ordinances adopted state authority constitute state action within prohibition amendment raymond chicago union traction home telephone telegraph los angeles cuyahoga river power company akron ordinance broad sweep prohibits distribution handbooks advertising literature kind manifestly applies pamphlets magazines periodicals evidence appellant distributed certain pamphlet magazine called age whether actual administration ordinance applied apparently newspapers appear city manager testified one applies license distribute literature city none people including defendant secured permit distribute literature city griffin ordinance limited obscene offensive public morals advocates unlawful conduct suggestion pamphlet magazine distributed instant case character ordinance embraces widest sense ordinance comprehensive respect method distribution covers every sort circulation hand otherwise thus restriction application respect time place limited ways might regarded inconsistent maintenance public order involving disorderly conduct molestation inhabitants misuse littering streets ordinance prohibits distribution literature kind time place manner without permit city manager think ordinance invalid face whatever motive induced adoption character strikes foundation freedom press subjecting license censorship struggle freedom press primarily directed power licensor power john milton directed assault liberty unlicensed printing liberty press became initially right publish license formerly published one freedom previous restraint upon publication regarded exhausting guaranty liberty prevention restraint leading purpose adoption constitutional provision see patterson colorado near minnesota grosjean american press company legislation type ordinance question restore system license censorship baldest form liberty press confined newspapers periodicals necessarily embraces pamphlets leaflets indeed historic weapons defense liberty pamphlets thomas paine others history abundantly attest press connotation comprehends every sort publication affords vehicle information opinion recent occasion say respect vital importance protecting essential liberty every sort infringement need repeated near minnesota supra grosjean american press company supra de jonge oregon supra ordinance saved relates distribution publication circulating essential freedom liberty publishing indeed without circulation publication little value ex parte jackson license tax grosjean american press company supra held invalid direct tendency restrict circulation ordinance void face necessary appellant seek permit entitled contest validity answer charge smith cahoon judgment reversed cause remanded proceedings inconsistent opinion ordered reversed remanded justice cardozo took part consideration decision case footnotes judgment conformed lovell city griffin see wickwar struggle freedom press see also star brush dearborn publishing company fitzgerald ex parte campbell coughlin sullivan compare people armstrong city chicago schultz people armentrout