USA
June 18, 2002 VNN7390
Court Tosses Door Solicitations Law
FROM AP
USA, Jun 18 (VNN) — ANNE GEARAN - Associated Press Writer
WASHINGTON (AP) - The Constitution guarantees religious groups, politicians, Girl Scouts and others the right to knock on their neighbors' doors without stopping at town hall for permission, the Supreme Court ruled Monday in a broad endorsement of free speech rights.
By a vote of 8-1 the high court struck down an Ohio village's law that required anyone going door to door to register with authorities and carry a permit. Violators could be fined $100.
"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 public discourse a citizen must first inform the government of her desire to speak to her neighbors and then obtain a permit to do so," Justice John Paul Stevens wrote for the majority.
The mayor of the tiny Stratton, Ohio, population 287, said the law was intended to protect elderly residents against flimflam artists or pesky salesmen. The Jehovah's Witnesses, whose religion mandates doorstep proselytizing, objected, saying the law was largely aimed at keeping them out of town.
The law was too broad and affected too many kinds of encounters, Stevens wrote for himself and Justices Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen Breyer.
He noted that residents could file a form to specifically allow visits from Girl Scouts, Christmas carolers or Halloween trick-or-treaters, among others, but that the law seemed to ban those groups from operating unless they had a permit.
Had the ordinance been narrower, it might have withstood constitutional scrutiny, Stevens wrote for the majority.
Two of the court's most conservative justices, Antonin Scalia and Clarence Thomas, agreed with the outcome of the case but did not sign on to all of Stevens' reasoning.
Chief Justice William H. Rehnquist dissented.
"The court once again reaffirmed the fundamental protection of our public ministry under the First Amendment," church lawyer Paul Polidoro said. "Eight justices of the Supreme Court saw the importance of our public ministry ... and that it deserved all the protection the First Amendment could provide."
The church won victories in the 1930s and 1940s that have helped form the court's modern interpretation of the First Amendment.
Taking note of the World War II-era cases, Stevens wrote: "The value judgment that then motivated a united democratic people fighting to defend those very freedoms from totalitarian attack is unchanged. It motivates our decision today."
Stratton Village Solicitor Frank Bruzzese defended the law, saying it was "narrowly drawn to regulate only entry onto private property." Town leaders said they are still evaluating their next step.
Monday's case turned in part on the notion of anonymity when speaking one's mind.
The court already has held that the Constitution gives people the right to anonymously distribute campaign literature. Monday's ruling extends that right to door-to-door soliciting for other causes.
The Jehovah's Witnesses, who count 6 million practicing members worldwide, routinely knock on doors and ask to talk about religion. They often offer biblical tracts and say they accept donations but do not ask for them.
The church argued that it needs no one's permission to pursue its mission, and objected to registering by name for a permit. Someone going door to door may choose to introduce himself but should not be required to do so, the church argued.
Two lower federal courts found the permit rules evenhanded, and the church appealed to the Supreme Court.
The court majority found none of the town's reasoning persuasive.
People who do not want to listen to a political candidate or other canvasser don't have to do so, the court said. Residents may post a "No Solicitations" sign at the door, or simply refuse to engage in conversation.
As for the idea that the law could deter crime, Stevens said it is unlikely that a criminal casing a neighborhood would be put off by the need to get a permit.
Rehnquist's dissent mentioned the killings of two college professors in New Hampshire by two teen-agers who said they got into the house on the pretext of taking a survey.
Stratton's law was intended to address such "very grave risks associated with canvassing," and did not unduly limit free speech, Rehnquist wrote.
Jehovah's Witnesses callers will soon ring doorbells in Stratton, church lawyer Paul Polidoro said.
"Some will be receptive, some not. But it's the homeowner's decision whether to listen or not," Polidoro said.
The case is Watchtower Bible and Tract Society of New York Inc. v. Village of Stratton, Ohio, et al., 00-1737.
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