Largent v. Texas, 318 U.S. 418 (1943)

Largent v. Texas

No. 559

Argued February 12, 1943
Decided March 8, 1943
318 U.S. 418

APPEAL FROM THE COUNTY COURT OF LAMAR COUNTY, TEXAS

Syllabus

1. Since the decision of the county court in this case was not reviewable, on the record made in that court, by any higher court of the State, and since the decision sustained a municipal ordinance against a claim of its invalidity under the Federal Constitution, this Court has jurisdiction on appeal under Jud.Code § 257(a). P. 421.

2. A municipal ordinance which, as construed and applied, forbids the distribution of religious publications except upon a permit the issuance of which is in the discretion of a municipal officer held an abridgment of religion, speech, and press guaranteed by the Fourteenth Amendment. P. 422.

It is unnecessary to determine whether the distribution of the publications in question constituted sales or the acceptance of contributions.

Reversed.

Appeal from a conviction and sentence for violation of a municipal ordinance.