Patriots, Pirates, Politicians and Profit-Seekers, 13 NHBJ, 2013 Spring-Summer, Pg. 28
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Spring/Summer 2013
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The following is a chapter excerpted from the newly updated second edition of the book, Patriots, Pirates, Politicians and Profit-Seekers: New Hampshire Cases and the United States Supreme Court. The 2013 edition of the book and teacher's guide, written primarily for a high school audience, will be released later this year. The cases are described and the resulting decisions analyzed as to their impact on society.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0IT'S A FREE COUNTRY Preaching and parading
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Saturday night, July 8, 1939, in Manchester. Besides the usual downtown window-shoppers and strollers that night, the city saw 87 Jehovah's Witnesses march in single file from the Odd Fellows Hall on Hanover Street up and down Chestnut and Elm streets carrying signs that read "Religion is a snare and a racket, " "Fascism or Freedom?" "Serve God and Christ the King." The marchers handed out leaflets but didn't create a disturbance of the peace. Among the leaders of the march were Willis Cox, Walter Chap-linsky (yes, the same Walter Chap-linsky who would disturb the peace the following year in Rochester), John Konides, Arvid Moody, and Oliva Paquette. These five would be charged with a misdemeanor - parading without a license. As Walter Chaplinsky later testified, "We do not ask any man for a permit to do what Almighty God asks us to do."
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The law at issue stated:
"No theatrical or dramatic representation shall be performed or exhibited and no parade or procession upon any public street or way, and no open-air public meeting upon any ground abutting thereon shall be permitted unless a special license therefore shall first be obtained from the selectmen of the town or from a licensing committee for cities hereinafter provided for." Public Law Chapter 145 section 2.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Arvid Moody gave the Superior Court jury his definition of a parade:
"A parade is a vain display of men in uniform and an information march is an orderly progressive forward movement pertaining to God's Kingdom's message." (Manchester Union, Nov. 23, 1939)
Judge Young gave the jury their instructions:
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"... so far as I am able to discover there is very little difference between a parade and a procession. A procession may be described as a train of persons or vehicles advancing in an orderly or regular manner in a continuous course... A parade may be described as any march or procession or any movement marching in something like military order, for...
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