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HERITAGE VILLAGE CHURCH & MISSIONARY v. STATE

No. 7826SC769.

253 S.E.2d 473 (1979)

40 N.C. App. 429

HERITAGE VILLAGE CHURCH AND MISSIONARY FELLOWSHIP, INC., Plaintiff, The Holy Spirit Association for the Unification of World Christianity, Intervening Plaintiff, v. The STATE of North Carolina, Rufus L. Edmisten, Attorney General of North Carolina, Sarah T. Morrow, Secretary of Human Resources of the State of North Carolina, and Peter S. Gilchrist, III, District Attorney for the 26th Prosecutorial District of North Carolina, Defendant-Appellants.

Court of Appeals of North Carolina.

April 3, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. William F. O'Connell and Asst. Atty. Gen. Robert R. Reilly, Raleigh, for defendants-appellants.

Wardlow, Knox, Knox, Robinson & Freeman by H. Edward Knox and John S. Freeman, Charlotte, for Heritage Village Church and Missionary Fellowship, Inc., plaintiff-appellee.

Melrod, Redman & Gartlan by Dorothy Sellers and Roberta Colton, Washington, D.C., Chambers, Stein, Ferguson & Becton by Jonathan Wallas and Louis L. Lesesne, Jr., Charlotte, for Holy Spirit Association for the Unification of World Christianity, intervening plaintiff-appellee.

ERWIN, Judge.

We note at the outset that plaintiffs' solicitation of funds is a religious activity protected by the First Amendment.

In Murdock v. Pennsylvania, 319 U.S. 105, 110-11, 63 S.Ct. 870, 873, 87 L.Ed. 1292, 1297, 146 A.L.R. 81 (1943), the United States Supreme Court, in striking down a license tax on the sale of religious tracts, stated:

"The alleged justification...

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