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Campbell Law Review

Property Law and Real Estate

Freedom of religion

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Constitutional Law - Access To Private Property, Lawrence Mazer Jan 1982

Constitutional Law - Access To Private Property, Lawrence Mazer

Campbell Law Review

On January 7, 1946, the United States Supreme Court, according to Justice Reed, established as a principle "that one may remain on private property against the will of the owner and contrary to the law of the State so long as the only objection to his presence is that he is exercising an asserted right to spread there his religious views." Justice Reed and two other justices dissented to the Court's decision in Marsh v. Alabama which allowed a Jehovah's Witness access to the business block of a privately owned company town against the wishes of its owners, for purposes …