COMMONWEALTH v. LOWER

No. 308 CR 88.

2 Pa. D. & C. 4th 107 (1989)

Commonwealth v. Lower

Common Pleas Court of Carbon County, Pennsylvania.

April 12, 1989.


Attorney(s) appearing for the Case

William Z. Scott, for township.

Joseph A. Lower Jr., pro se.


LAVELLE, P.J., April 12, 1989.

In this summary appeal, defendant raises the intriguing question whether the East Penn Township Burning Ordinance violates his First Amendment right to free expression of his religion. It is a case of first impression.

Defendant, Joseph A. Lower Jr., is charged with violating the ordinance when the Ku Klux Klan burned a wooden cross on his property on July 4, 1988.

FACTS OF THE CASE

The facts are undisputed...

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