Opinion
No. A-10281.
May 31, 1944.
(Syllabus.)
The syllabus in the case of Brown et al. v. State, 78 Okla. Cr. 399, 149 P.2d 509, this day decided by this court, is adopted as the syllabus in this case.
1. Constitutional Law — Unconstitutionality of City Ordinance in Particular Case Depriving One of Freedom of Speech and of Press. A city ordinance may not be unconstitutional on its face, but as construed and applied to the facts and circumstances of the particular case it may deprive one of the right of freedom of speech and of the press as provided by the Constitution of this state and of the United States, and therefore be declared unconstitutional.
2. Same — Scope of Power of Municipalities to Enact Police Regulations. The power of municipalities to enact regulations in the interest of the public safety, health and welfare or convenience may not be so employed as to abridge the individual liberties secured by the Constitution to those who wish to speak, write, print or circulate information or opinion.
3. Same — Constitutional Right of Jehovah's Witnesses to Distribute Literature on Streets. Members of a cult known as Jehovah's Witnesses have a constitutional right to distribute their literature on streets of a city, in an orderly manner, without interference by state authority, in absence of allegation or showing that such literature is against public morals or in any way improper for distribution.
Proceeding in the matter of the application of Mrs. E. F. Walrod for a writ of habeas corpus to secure her release from custody. Writ granted.
Hayden Covington, of Brooklyn, N.Y., and Stephenson Stephenson, of Okemah, for petitioner.
Randell S. Cobb, Atty. Gen., and Ernest F. Jenkins, City Atty., of Stillwater, for respondent.
The petitioner, Mrs. E. F. Walrod, filed petition for writ of habeas corpus, alleging that she is illegally restrained of her liberty by Gene Hoyt, Chief of Police of the City of Stillwater, Okla.
This petition is the outgrowth of the facts as alleged in case of Mrs. M. A. Brown, Delbert Williams and E. F. Walrod v. State of Oklahoma, No. A-10313, 78 Okla. Cr. 399, 149 P.2d 509. This petitioner was charged, tried and convicted in the same case as those defendants. She did not make bond, but filed this petition after her conviction.
For the reasons stated in that opinion, the writ of habeas corpus is granted, and it is ordered that petitioner be released from custody.
JONES, P. J., concurs. DOYLE, J., not participating.