Prince v. Commonwealth of Massachusetts, No. 98

CourtUnited States Supreme Court
Writing for the CourtRUTLEDGE
Citation321 U.S. 158,64 S.Ct. 438,88 L.Ed. 645
Decision Date31 January 1944
Docket NumberNo. 98
PartiesPRINCE v. COMMONWEALTH OF MASSACHUSETTS

321 U.S. 158
64 S.Ct. 438
88 L.Ed. 645
PRINCE

v.

COMMONWEALTH OF MASSACHUSETTS.

No. 98.
Argued Dec. 14, 1943.
Decided Jan. 31, 1944.
Rehearing Denied Mar. 27, 1944.
See 321 U.S. 804, 64 S.Ct. 784.

Page 159

Appeal from the Superior Court of Massachusetts, Plymouth County.

Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellant.

Mr. R. T. Bushnell, of Boston, Mass., for appellee.

Mr. Justice RUTLEDGE delivered the opinion of the Court.

The case brings for review another episode in the conflict between Jehovah's Witnesses and state authority. This time Sarah Prince appeals from convictions for violating Massachusetts' child labor laws, by acts said to be a rightful exercise of her religious convictions.

When the offenses were committed she was the aunt and custodian of Betty M. Simmons, a girl nine years of age. Originally there were three separate complaints. They

Page 160

were, shortly, for (1) refusal to disclose Betty's identity and age to a public officer whose duty was to enforce the statutes; (2) furnishing her with magazines, knowing she was to sell them unlawfully, that is, on the street; and (3) as Betty's custodian, permitting her to work contrary to law. The complaints were made, respectively, pursuant to Sections 79, 80 and 81 of Chapter 149, Gen.Laws of Mass. (Ter.Ed.). The Supreme Judicial Court reversed the conviction under the first complaint on state grounds;1 but sustained the judgments founded on the other two.2 313 Mass. 223, 46 N.E.2d 755. They present the only questions for our decision. These are whether Sections 80 and 81, as applied, contravene the Fourteenth Amendment by denying or abridging appellant's freedom of religion and by denying to her the equal protection of the laws.

Sections 80 and 81 form parts of Massachusetts' comprehensive child labor law. 3 They provide methods for enforcing the prohibitions of Section 69, which is as follows:

'No boy under twelve and no girl under eighteen shall sell, expose or offer for sale any newspapers, magazines, periodicals or any other articles of merchandise of any

Page 161

description, or exercise the trade of bootblack or scavenger, or any other trade, in any street or public place.'

Section 80 and 81, so far as pertinent, read:

'Whoever furnishes or sells to any minor any article of any description with the knowledge that the minor intends to sell such article in violation of any provision of sections sixty-nine to seventy-three, inclusive, or after having received written notice to this effect from any officer charged with the enforcement thereof, or knowingly procures or encourages any minor to violate any provisions of said sections, shall be punished by a fine of not less than ten nor more than two hundred dollars or by imprisonment for not more than two months, or both.' (Section 80)

'Any parent, guardian or custodian having a minor under his control who compels or permits such minor to work in violation of any provision of sections sixty to seventy-four, inclusive, * * * shall for a first offence be punished by a fine of not less than two nor more than ten dollars or by imprisonment for not more than five days, or both; * * *.' (Section 81)

The story told by the evidence has become familiar. It hardly needs repeating, except to give setting to the variations introduced through the part played by a child of tender years. Mrs. Prince, living in Brockton, is the mother of two young sons. She also has legal custody of Betty Simmons who lives with them. The children too are Jehovah's Witnesses and both Mrs. Prince and Betty testified they were ordained ministers. The former was accustomed to go each week on the streets of Brockton to distribute 'Watchtower' and 'Consolation,' according to the usual plan.4 She had permitted the children to

Page 162

engage in this activity previously, and had been warned against doing so by the school attendance officer, Mr. Perkins. But, until December 18, 1941, she generally did not take them with her at night.

That evening, as Mrs. Prince was preparing to leave her home, the children asked to go. She at first refused. Childlike, they resorted to tears and, motherlike, she yielded. Arriving downtown, Mrs. Prince permitted the children 'to engage in the preaching work with her upon the sidewalks.' That is, with specific reference to Betty, she and Mrs. Prince took positions about twenty feet apart near a street intersection. Betty held up in her hand, for passersby to see, copies of 'Watch Tower' and 'Consolation.' From her shoulder hung the usual canvas magazine bag, on which was printed 'Watchtower and Consolation 5¢ per copy.' No one accepted a copy from Betty that evening and she received no money. Nor did her aunt. But on other occasions, Betty had received funds and given out copies.

Mrs. Prince and Betty remained until 8:45 p.m. A few minutes before this Mr. Perkins approached Mrs. Prince. A discussion ensued. He inquired and she refused to give Betty's name. However, she stated the child attended the Shaw School. Mr. Perkins referred to his previous warnings and said he would allow five minutes for them to get off the street. Mrs. Prince admitted she supplied Betty with the magazines and said, '(N)either you nor anybody else can stop me * * *. This child is exercising her God-given right and her constitutional right to preach the gospel, and no creature has a right to interfere with God's commands.' However, Mrs. Prince and Betty departed. She remarked as she went, 'I'm not going through this any more. We've been through it time and time again. I'm going home and put the little girl to bed.' It may be added that testimony, by Betty, her aunt and others, was offered at the trials, and was ex-

Page 163

cluded, to show that Betty believed it was her religious duty to perform this work and failure would bring condemnation 'to everlasting destruction at Armageddon.'

As the case reaches us, the questions are no longer open whether what the child did was a 'sale' or an 'offer to sell' within Section 695 or was 'work' within Section 81. The state court's decision has foreclosed them adversely to appellant as a matter of state law.6 The only question remaining therefore is whether, as construed and applied, the statute is valid. Upon this the court said: 'We think that freedom of the press and of religion is subject to incidental regulation to the slight degree involved in the prohibition of the selling of religious literature in streets and public places by boys under twelve and girls under eighteen and in the further statutory provisions herein considered, which have been adopted as a means of enforcing

Page 164

that prohibition.' 313 Mass. 223, 229, 46 N.E.2d 755, 758.

Appellant does not stand on freedom of the press. Regarding it as secular, she concedes it may be restricted as Massachusetts has done.7 Hence, she rests squarely on freedom of religion under the First Amendment, applied by the Fourteenth to the states. She buttresses this foundation, however, with a claim of parental right as secured by the due process clause of the latter Amendment.8 Cf. Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042, 29 A.L.R. 1446. These guaranties, she thinks, guard alike herself and the child in what they have done. Thus, two claimed liberties are at stake. One is the parent's, to bring up the child in the way he should go, which for appellant means to teach him the tenets and the practices of their faith. The other freedom is the child's, to observe these; and among them is 'to preach the gospel * * * by public distribution' of 'Watchtower' and 'Consolation,' in conformity with the scripture: 'A little shall lead them.'

If by this position appellant seeks for freedom of conscience a broader protection than for freedom of the mind, it may be doubted that any of the great liberties insured by the First Article can be given higher place than the others. All have preferred position in our basic scheme. Schneider v. State, 308 U.S. 147, 60 S.Ct. 146, 84 L.Ed. 155; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213, 128 A.L.R. 1352. All are interwoven there together. Differences there are, in them and in the modes appropriate for their exercise. But they have unity in the charter's prime place because they have unity in their human sources and

Page 165

functionings. Heart and mind are not identical. Intuitive faith and reasoned judgment are not the same. Spirit is not always thought. But in the everyday business of living, secular or otherwise, these variant aspects of personality find inseparable expression in a thousand ways. They cannot be altogether parted in law more than in life.

To make accommodation between these freedoms and an exercise of state authority always is delicate. It hardly could be more so than in such a clash as this case presents. On one side is the obviously earnest claim for freedom of conscience and religious practice. With it is allied the parent's claim to authority in her own household and in the rearing of her children. The parent's conflict with the state over control of the child and his training is serious enough when only secular matters are concerned. It becomes the more so when an element of religious conviction enters. Against these sacred private interests, basic in a democracy, stand the interests of society to protect the welfare of children, and the state's assertion of authority to that end, made here in a manner conceded valid if only secular things were involved. The last is no mere corporate concern of official authority. It is the interest of youth itself, and of the whole community, that children be both safeguarded from abuses and given opportunities for growth into free and independent well-developed men and citizens. Between contrary pulls of such weight, the safest and most objective recourse is to the lines already marked out, not precisely but for guides, in narrowing...

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1790 practice notes
  • Doe v. Heck, No. 01-3648.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 16 Abril 2003
    ...their homes"). 21. See also Pierce v. Soc'y of Sisters, 268 U.S. 510, 534-35, 45 S.Ct. 571, 69 L.Ed. 1070 (1925); Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 88 L.Ed. 645 (1944); Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); Wisconsin v. Yoder, ......
  • Fulton v. City of Phila., No. 19-123
    • United States
    • United States Supreme Court
    • 17 Junio 2021
    ...rule that Smith adopted. Although these decisions ended up denying exemptions, they did so on other grounds. In Prince v. Massachusetts, 321 U. S. 158 (1944), where a Jehovah's Witness who enlisted a child to distribute religious literature was convicted for violating a state child labor la......
  • Suboh v. City of Revere, Mass., No. CIV.A. 00-10396-WGY.
    • United States
    • U.S. District Court — District of Massachusetts
    • 30 Marzo 2001
    ...43 S.Ct. 625, 67 L.Ed. 1042 [1923]; Pierce v. Soc'y of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 [1925]; Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645 [1944]; Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 [1972]; Wisconsin v. Yoder, 406 U.S. 2......
  • Lipscomb By and Through DeFehr v. Simmons, No. 87-4079
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 27 Abril 1992
    ...important to outweigh, at least in some cases, a defendant's right to face his or her accusers in court."); Prince v. Massachusetts, 321 U.S. 158, 168, 64 S.Ct. 438, 443, 88 L.Ed. 645 (1944) (upholding a prohibition on use of children to distribute literature on the street: "A democratic so......
  • Request a trial to view additional results
1777 cases
  • Doe v. Heck, No. 01-3648.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 16 Abril 2003
    ...their homes"). 21. See also Pierce v. Soc'y of Sisters, 268 U.S. 510, 534-35, 45 S.Ct. 571, 69 L.Ed. 1070 (1925); Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 88 L.Ed. 645 (1944); Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); Wisconsin v. Yoder, ......
  • Fulton v. City of Phila., No. 19-123
    • United States
    • United States Supreme Court
    • 17 Junio 2021
    ...rule that Smith adopted. Although these decisions ended up denying exemptions, they did so on other grounds. In Prince v. Massachusetts, 321 U. S. 158 (1944), where a Jehovah's Witness who enlisted a child to distribute religious literature was convicted for violating a state child labor la......
  • Suboh v. City of Revere, Mass., No. CIV.A. 00-10396-WGY.
    • United States
    • U.S. District Court — District of Massachusetts
    • 30 Marzo 2001
    ...43 S.Ct. 625, 67 L.Ed. 1042 [1923]; Pierce v. Soc'y of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 [1925]; Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645 [1944]; Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 [1972]; Wisconsin v. Yoder, 406 U.S. 2......
  • Lipscomb By and Through DeFehr v. Simmons, No. 87-4079
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 27 Abril 1992
    ...important to outweigh, at least in some cases, a defendant's right to face his or her accusers in court."); Prince v. Massachusetts, 321 U.S. 158, 168, 64 S.Ct. 438, 443, 88 L.Ed. 645 (1944) (upholding a prohibition on use of children to distribute literature on the street: "A democratic so......
  • Request a trial to view additional results
1 firm's commentaries
  • Vaccination – No Religious Exemption Required
    • United States
    • LexBlog United States
    • 21 Marzo 2022
    ...criminal enforcement of a vaccine mandate that had no religious exemption; no religion-specific argument raised); Prince v. Massachusetts, 321 U.S. 158, 166-67 (1944) (“The right to practice religion freely does not include liberty to expose the community or the child to communicable diseas......
10 books & journal articles
  • The Fiction of the First Freedom
    • United States
    • Political Research Quarterly Nbr. 6-2, June 1953
    • 1 Junio 1953
    ...319 U.S. 105 (1943); Martin v. Struthers, 319 U.S. 141 (1943); Douglas v. Jeannette, 319 U.S. 157 (1943); Prince v. Massachusetts, 321 U.S. 158 (1944); Follett v. McCormick, 321 U.S. 573 (1944); Marsh v.Alabama, 326 U.S. 501 (1946); Tucker v. Texas, 326 U.S. 517 (1946); Breard v. Alexandria......
  • First Amendment Implications of Restricting Food and Beverage Marketing in Schools
    • United States
    • ANNALS of the American Academy of Political and Social Science, The Nbr. 615-1, January 2008
    • 1 Enero 2008
    ...Communications, Inc., 508 U.S. 307, 315 (1993).36. See Jacobson v. Massachusetts, 197 U.S. 11, 29, 38 (1905); Prince v. Massachusetts, 321 U.S. 158,168 (1944).37. FCC v. Beach Communications, Inc., 508 U.S. 307, 315 (1993).38. See Lorillard v. Reilly, 533 U.S. 525, 570 (2001) (declining to ......
  • PUBLIC HEALTH POLICING AND THE CASE AGAINST VACCINE MANDATES.
    • United States
    • St. Thomas Law Review Vol. 33 Nbr. 2, March 2021
    • 22 Marzo 2021
    ...U.S. 174 (1922). (158) See generally Workman v. Mingo Cnty. Bd. of Ed., 419 F. App'x 348 (4th Cir. 2011). (159) Prince v. Massachusetts, 321 U.S. 158, 166-167 (160) See Meyer v. Nebraska 262 U.S. 390, 403 (1923). See generally Pierce v. Soc. of Sisters, 268 U.S. 510 (1925); Wisconsin v. Yod......
  • Parental Rights in Diverse Family Contexts: Current Legal Developments*
    • United States
    • Family Relations Nbr. 51-4, October 2002
    • 1 Octubre 2002
    ...of Sisters, 268 U.S. 510 (1925).Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 74–75(1976).Prince v. Massachusetts, 321 U.S. 158 (1944).Quilloin v. Walcott, 434 U.S. 246 (1978).re Clausen, 502 N.W.2d 649 (Mich. 1993).re Kirchner, 649 N.E.2d 324 (Ill. 1993).Roe v. Roe, 324 ......
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