397. Profane Language, Smoking, Disturbance.—Rude behavior or profane language if audible,[700] smoking in the church or during services,[701] cracking and eating nuts [pg 212] in church,[702] and fighting near the church so as to disturb the services, are violations of the law.[703] A father's taking his child out of the church with violence is a disturbance of the meeting.[704] The disturbance of any member of the congregation assembled for religious worship is a violation of law.[705] A sentence of $100 fine or one year's imprisonment in the penitentiary, is not excessive or cruel or unusual punishment on conviction for disturbing a meeting.[706]
398. Sunday-School, Church.—An ordinary Sunday-school where the Bible and religious precepts are taught, is a church within the law.[707]
399. Private School.—A person may be punished under the statute for wilfully disturbing a private school kept in a district schoolhouse for instruction in the art of writing.[708]
400. Disturbing a Religious Meeting.—Under a statute against disturbing a religious meeting, it has been held that it should [pg 213] define what disturbance is punishable.[709] Also, mere want of attention or observance of ceremonies, as standing or kneeling at times, is not a violation of the law.[710] Neither is singing out of time, unless done purposely,[711] nor performing a proper duty, such as objecting to a silenced clergyman's conducting the services.[712]
401. Common Law, Offense, Statutory Law.—If there is no statutory provision, in those States where the common law prevailed before the admission of the State to the Union the offense is punishable under the common law.[713] And even in States where there is a statutory law on the subject, a person may be convicted at common law.[714]
402. Services, Violation, Time.—The nature of the services and the discipline of the denomination may determine whether there is a violation of the law. Usually the disturbance may occur at any place the congregation is assembled, and at any time when any part of the congregation is assembled for religious services or business.[715]
403. Force, Priest, Preserve Order.—A congregation may use sufficient force to remove a disturber.[716] A Catholic priest who is the conductor of religious services and master of ceremonies within his church has the right to preserve order and to remove by force, if necessary, any person who disturbs his services.[717]
404. Interrupt, Liquors, Traffic.—There are statutes in most of the States making it a penal offense to interrupt or molest any assembly or meeting of the people for religious worship, or to sell intoxicating liquors or other articles of traffic within a certain distance of any camp-meeting or other religious assembly, except at a place of business regularly established prior to such meeting or assembly and not with intent of evading the provisions of the law.[718]
405. Theory, Blasphemy, Crime.—On the theory that the United States is a Christian nation, blasphemy is held to be a crime.[719] Infidels naturally claim that it interferes with their rights. However, there is no more interference with the private rights of [pg 215] the infidel than there is with the private right of the Mormon who is forbidden to violate the laws of the country by having a plurality of wives; and it has been held that any words importing imprecation for divine vengeance may constitute profane cursing or blasphemy.[720]
406. Religion, God, Ridicule, Virgin.—Words vilifying the Christian religion,[721] denying God or the final judgment,[722] and profane ridicule of the Holy Scriptures or of Christ,[723] are usually punishable. Also, the use of vile words applied to the Virgin Mary is blasphemy.[724]