Door-to-door witnessing protected by First Amendment

An Ohio town ordinance that regulates door-to-door canvassing violates the First Amendment, the U.S. Supreme Court ruled June 17.

The decision is considered a victory not only for Jehovah’s Witnesses, the religious group that brought the suit, but Christians and others who do unsolicited visitation to homes.

The high court voted 8-1 to reverse a lower court opinion that had upheld a measure adopted in the Village of Stratton, Ohio, that required a permit before a person could go on private property to advocate a cause, sell a product or promote an organization. The ordinance affected religious adherents, political candidates, community groups and salespeople.

“I am delighted that the Supreme Court has chosen to affirm religious liberty and freedom of speech,” said Richard Land, president of the Ethics & Religious Liberty Commission (ERLC). “Any other decision would have been a disaster for First Amendment freedoms.

“Hopefully, the … decision portends more good news,” Land said.

Americans United for Separation of Church and State (AU), which often clashes with the ERLC and other religious freedom organization, also welcomed the ruling.

“People who want to talk about their views with others shouldn’t have to ask the government for permission first,” AU Executive Director Barry Lynn said in a written statement. “People who are bothered by door-to-door evangelism can always say, ‘No, thanks,’ and shut the door or post a ‘No soliciting’ sign. Heavy-handed government regulations on speech stifle our basic freedoms.”

In the majority opinion, Associate Justice John Paul Stevens said the ordinance had a “pernicious effect.”

“It is offensive- not only to the values protected by the First Amendment, but to the very notion of a free society- that in the context of everyday discourse a citizen must first inform the government of her desire to speak to her neighbors and then obtain a permit to do so,” Stevens wrote. “Even if the issuance of permits by the mayor’s office is a ministerial task that is performed promptly and at no cost to the applicant, a law requiring a permit to engage in such speech constitutes a dramatic departure from our national heritage and constitutional tradition.”

(BP)