While Jehovah’s Witnesses have chosen to temporarily suspend their door-to-door ministry due to the pandemic, their activity was almost permanently banned by one U.S. village in the late 1990s — that is until the United States Supreme Court stepped in with a historic 8-1 decision on June 17, 2002, declaring the local ordinance unconstitutional.
Constitutional scholars say the decision has had an outsized impact on the protection of free speech for all, agreeing with Justice Antonin Scalia’s opinion in the case: “The free-speech claim exempts everybody, thanks to Jehovah’s Witnesses.”
The 2002 Supreme Court decision in Watchtower v. Village of Stratton affirmed that a local village ordinance in Stratton, Ohio, requiring a permit to knock on doors violated the rights of any person who wanted to engage in free speech with their neighbor, including Jehovah’s Witnesses who practice door-to-door evangelizing. The Court overturned two lower court rulings that upheld the ordinance, and thus paved the way for all citizens to maintain open dialogue with their neighbors on any number of issues including environmental, civic, political or educational.
“Looking back on the two decades since the decision, it’s clear to see the wide-ranging impact that Watchtower v. Stratton has had on free speech for all,” said Josh McDaniel, director of the Religious Freedom Clinic at the Harvard Law School. “This is just the latest of some 50 Supreme Court victories that have helped establish and broaden First Amendment jurisprudence throughout the last century.”
The village of Stratton became a center of controversy in 1998 after the mayor personally confronted four Jehovah’s Witnesses as they were driving out of the village after visiting a resident. Subsequently, the village enacted the ordinance “Regulating Uninvited Peddling and Solicitation Upon Private Property,” which required anyone wishing to engage in door-to-door activity to obtain a permit from the mayor or face imprisonment. Jehovah’s Witnesses viewed this ordinance as an infringement of freedom of speech, free exercise of religion and freedom of press. Therefore, they brought a lawsuit in federal court after the village refused to modify their enforcement of this ordinance.
“Making it a criminal offense to talk with a neighbor without seeking government approval is offensive to many people, but particularly to God,” a spokesperson for the church said.
Republished with edits from JWUSA press statement.
Categories: Society & Culture