Marvin Gerber v. Henry Herskovitz, et al.
SocialSecurity FirstAmendment JusticiabilityDoctri
Jewish worshippers entering their synagogue for worship on Saturday mornings for Sabbath services are harassed and intimidated by a group that assembles only and precisely at the times of prayer and displays anti-Jewish and anti-Israel placards on the sidewalk in front of the synagogue and across the street.
1. Whether the First Amendment's guarantee of the free exercise of religion requires restriction adjacent to a house of worship of harassing and intimidating speech that discourages and impedes prayer.
2. Whether the Court of Appeals' disregard of this Court's instruction that "a federal appellate court does not consider an issue not passed upon below" (Singleton v. Wulff, 428 U.S. 106, 120 (1976)) warrants summary reversal of the Court of Appeals' decision and remand for consideration by an impartial and unbiased District Court Judge.
Whether the First Amendment's guarantee of the free exercise of religion requires restriction adjacent to a house of worship of harassing and intimidating speech that discourages and impedes prayer