Arguments
Davis v. Massachusetts, decided in 1897, sustained a conviction of a man for making a speech on Boston Common in violation of an ordinance that forbade the making of a public address there without a permit from the mayor. Much of the oral argument and most of the briefs presented in Fowler v. Rhode Island were devoted on the one hand to a defense of the Davis case and on the other hand to an attack on it. Analyses of subsequent decisions were submitted by the State of Rhode Island in an effort either to demonstrate that the Davis case was still valid and applicable to this case. Other analyses were submitted by Fowler to argue that it had been so qualified as to no longer to have any vitality. Fowler asked the Court to overrule Davis; the State of Rhode Island asked to have it reaffirmed.
It was conceded at the trial that this meeting was a religious one. On oral argument before the Court the Assistant Attorney General further conceded that the ordinance, as construed and applied, did not prohibit church services in the park. Catholics could hold mass in Slater Park and Protestants could conduct their church services there without violating the ordinance. Church services normally entail not only singing, prayer, and other devotionals but preaching as well. Even so, those services would not be barred by the ordinance.
Read more about this topic: Fowler V. Rhode Island
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