Jehovah's Witnesses and Free Speech Cases
A 1940 Supreme Court landmark decision in Cantwell v. Connecticut affirmed
the religious freedom rights of a Jehovah’s Witness man to go door-to-door,
despite offending some citizens. And that the state’s breach of peace laws
were too broad and permit requirements left too much to discretion of
officials.
Chaplinsky v. New Hampshire (1942) established that fighting words are not
protected by the First Amendment. The Court has since narrowed the fighting
words doctrine.
Christian Legal Society v. Martinez (2010) said not allowing a Christian
Legal Society chapter to receive benefits did not violate the First
Amendment.
Cox v. New Hampshire (1941) upheld Jehovah’s Witnesses’ conviction for
parading without a permit, ruling that their First Amendments rights had
not been violated.
Fowler v. Rhode Island (1953) said preventing a Jehovah’s Witness from
holding a religious service in a public park, but allowing other worship,
violated the First Amendment.
In Jamison v. Texas, the Court, on First Amendment grounds, overturned the
conviction of a Jehovah’s Witness who distributed handbills on the streets.
The two Jones v. City of Opelika (1942, 1943) cases, dealing with licenses
for religious booksellers, raised important First Amendment issues
regarding free exercise of religion.
Largent v Texas (1943) said giving a city mayor the power to determine who
can distribute pamphlets is censorship and not allowed under the First
Amendment.
Lovell v. City of Griffin (1938) overturned the conviction of a Jehovah’s
Witness who sold a pamphlet without getting prior permission from the city
on First Amendment grounds.
In Marsh v. Alabama (1946) the Court held that a person distributing
religious literature on the sidewalk of a “company town” was protected by
the First Amendment rights.
In Martin v. City of Struthers (1943), the Court overturned a ruling that
upheld the conviction of a door-to-door religious solicitor in a case
focusing on First Amendment rights.
Minersville School District v. Gobitis (1940) ruled that states could
require public school students to salute the U.S. flag without violating
students’ First Amendment rights.
Murdock v. Pennsylvania (1943) invalidated a city ordinance that required
solicitors to obtain a license. The Court found the law infringed on the
First Amendment rights.
Niemotko v. Maryland (1951) found that a conviction for holding a Bible
study in a park without a permit was a denial of the First Amendment right
to exercise free speech.
Poulos v. New Hampshire (1953) found a state ordinance that banned holding
religious services in public parks without a permit did not violate the
First Amendment.
Saia v. New York (1948) invalidated a sound truck ordinance that allowed
the police chief to act as a censor on speech for violating the First
Amendment.
Schneider v. State (1939) invalidated several city ordinances that
restricted the distribution of handbills, ruling that the laws infringed on
the First Amendment.
Sicurella v. United States (1955) overturned the conviction of a Jehovah’s
Witness who was refused conscientious objector status. The First Amendment
protects such objectors.
Taylor v. Mississippi (1943) struck down a state law that convicted
individuals who spoke against saluting the flag, finding it in violation of
the First Amendment.
Tucker v. Texas (1946) ruled that, under the First Amendment, a town
manager could not prohibit door-to-door canvassing in a town owned by the
national government.
Watchtower Bible and Tract Society v. Village of Stratton (2002) said an
ordinance making it a misdemeanor to canvass door-to-door without a permit
violated the First Amendment.
West Virginia State Board of Education v. Barnette (1943) said requiring
students to salute the American flag infringed upon First Amendment
freedoms of belief and speech.
In Wooley v. Maynard, 430 U.S. 705 (1977), the U.S. Supreme Court reaffirmed the principle that the government cannot compel individuals to subscribe to certain beliefs. The case involved a New Hampshire law that required license plates to contain the state motto “Live Free or Die” and prohibited individuals from obscuring the mottoJehovah’s Witness fined for covering state motto