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October 18, 2001   VNN6923  Comment on this story

High Court To Hear Jehovah's Witnesses' Rights Case

FROM USA TODAY

USA, Oct 18 (VNN) — By Joan Biskupic, USA TODAY

WASHINGTON - The Supreme Court said Monday it will decide whether a city violates the free-speech rights of Jehovah's Witnesses by requiring them to get permits before carrying out their familiar door-to-door ministry.

The justices accepted the group's appeal of a lower court decision allowing Stratton, Ohio, to require anyone soliciting house-to-house to register their representatives' names, their cause and where they intend to solicit.

The Jehovah's Witnesses groups challenging the city's ordinance say that "before this case, no court has required Jehovah's Witnesses to obtain permission" for the century-old practice of distributing Bible-based literature.

Earlier this year, the U.S. Court of Appeals for the 6th Circuit rejected the Jehovah's Witnesses' claim that Stratton's ordinance violated their First Amendment rights. It ruled that the law is a neutral way to prevent fraud and protect residents' privacy. In lower court proceedings, Jehovah's Witnesses relied on a 1995 Supreme Court ruling that invalidated an Ohio law banning anonymous campaign literature.

But the appeals court said that because congregation members reveal themselves by going to people's doors, they cannot claim that Stratton's ordinance impinges on their right to anonymous speech.

The 6th Circuit said the 1995 decision was intended "to protect unpopular individuals from retaliation - and their ideas from suppression," so that "once the political canvassers are before the resident, the ability to protect them from those dangers is substantially diminished."

In their appeal, lawyers for the Watchtower Bible and Tract Society in New York and the Jehovah's Witnesses congregation in Wellsville, Ohio, note that a key part of their mission is going house to house to speak to people about the Gospel. They also say that it violates their religious beliefs to ask permission to communicate the Scripture. There are about 1 million Jehovah's Witnesses in the USA, according to the groups.

Lawyers for Stratton had urged the justices not to take the case. They emphasized that the high court has upheld generally applied laws that happen to intrude on religious activities.

The case will be heard early next year. A decision is likely by June.


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