Supreme Court of the United States · 1944 · Family Law
321 U.S. 158 (1944)
Updated
Family Lawparental rights vs. statefreedom of religionchild laborstate police powerparental rightsfree exercisechild labor laws
Facts
Sarah Prince was the aunt and legal custodian of Betty Simmons, a nine-year-old girl who lived with her and was a Jehovah's Witness. Prince took Betty with her onto the streets of Brockton at night, where Betty stood near an intersection holding up copies of Watchtower and Consolation and wore a bag marked "5¢ per copy." Prince admitted she had supplied Betty with the magazines, and the evidence showed that on other occasions Betty had received money and given out copies. Prince had previously been warned by a school attendance officer not to permit the children to engage in this street activity.
Issue
Whether Massachusetts child labor statutes forbidding furnishing articles to a minor for unlawful street sale and permitting a minor to work unlawfully, as applied to Prince's allowing a nine-year-old to distribute religious magazines on the street, violated the Fourteenth Amendment's protections of religious freedom, parental authority, or equal protection.
Rule
Neither freedom of religion nor rights of parenthood are beyond limitation. Acting to protect the general interest in the welfare of children, the state as parens patriae may restrict parental control and children's public activities, including religiously motivated activity, and its authority over children's conduct in public places is broader than its authority over adults.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Cleveland, Ohio, Mira Solis takes her eleven-year-old nephew Jonah to a downtown sidewalk on Saturday evenings. Jonah offers devotional pamphlets to pedestrians for a suggested 25-cent contribution, and Mira stands a few feet away supervising him. Ohio has a statute barring minors under sixteen from selling or offering merchandise on public streets, and it imposes penalties on guardians who permit the conduct.
If Mira argues that the statute is unconstitutional as applied because Jonah's activity is part of their religious practice and she remained present the entire time, which is the strongest response?
Explanation. The controlling rule is that neither parental rights nor religious liberty are beyond limitation. When acting to protect child welfare, the state may restrict a child's religiously motivated public street activity, and its authority over children's conduct is broader than over adults'. The guardian's presence may reduce some risks but does not eliminate all dangers the legislature may address.