Martin v. City of Struthers

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Martin v. Struthers
Seal of the United States Supreme Court.svg
Argued March 11, 1943
Decided May 3, 1943
Full case nameMartin v. City of Struthers, Ohio
Citations319 U.S. 141 ( more )
63 S. Ct. 862; 87 L. Ed. 1313; 1943 U.S. LEXIS 1188
Case history
PriorAppeal from the Supreme Court of Ohio
Holding
A law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts  · Hugo Black
Stanley F. Reed  · Felix Frankfurter
William O. Douglas  · Frank Murphy
Robert H. Jackson  · Wiley B. Rutledge
Case opinions
MajorityBlack, joined by Stone, Douglas, Murphy, Rutledge
ConcurrenceMurphy
DissentFrankfurter
DissentReed, joined by Roberts, Jackson

Martin v. Struthers, 319 U.S. 141 (1943), is a United States Supreme Court case in which the Court held that a law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness, specifically their freedom of speech. The ruling was 5-4 and deemed trespassing laws a better fit for the town imposing the ordinance.

Contents

Background

Historically, Jehovah's Witnesses often ran into conflict when going door to door distributing their religious pamphlets and information. They were often met with violence and/or arrest for practicing what they saw as their constitutional rights of religion and freedom of speech. [1] [2]  

In 1943, a woman from Struthers, Ohio by the name of Thelma Martin went knocking on doors to pass out Jehovah's Witness leaflets to people in her city. [3] Martin's visits were not well received by some households which led to her arrest. [4]

She was convicted "in the Mayor's Court" and fined $10.00 [5] (equivalent to $170in 2022) for violating a Struthers, Ohio city ordinance which made it illegal to knock on doors to distribute handouts to that contained information about religious meetings. Martin confessed to handing out invitations to their religious meetings. The city ordinance was created to keep solicitors from coming to people's home and causing a disturbance. [4] Martin's argument was that the city ordinance violated her First Amendment as well as her Fourteenth Amendment rights. [6]

Opinion of the Court

The U.S. Supreme Court reversed the judgment of the lower court. The Court held that the First Amendment protects both "the right to distribute literature" and "the right to receive it" and stated that the distribution of literature is protected "even if it creates the minor nuisance for a community of cleaning litter from its streets." Justice Hugo Black, writing the opinion of the court, stated,

While door to door distributors of literature may be either a nuisance or a blind for criminal activities, they may also be useful members of society engaged in the dissemination of ideas in accordance with the best tradition of free discussion. ...

The ordinance does not control anything but the distribution of literature, and in that respect, it substitutes the judgment of the community for the judgment of the individual householder. It submits the distributor to criminal punishment for annoying the person on whom he calls, even though the recipient of the literature distributed is, in fact, glad to receive it. ...

In any case the problem must be worked out by each community for itself with due respect for the constitutional rights of those desiring to distribute literature and those desiring to receive it, as well as those who choose to exclude such distributors from the home. ...

We conclude that the ordinance is invalid because [it is] in conflict with the freedom of speech and press. [7]

Therefore, Martin won her right to distribute information.

Dissents

Justices Reed, Roberts and Jackson dissented. Justice Reed wrote:

The most ... that can be or has been read into the ordinance is a prohibition of free distribution of printed matter by summoning inmates to their doors. There are excellent reasons to support a determination of the city council that such distributors may not disturb householders while permitting salesmen and others to call them to the door. Practical experience may well convince the council that irritations arise frequently from this method of advertising. The classification is certainly not discriminatory.

...

To prohibit such a call leaves open distribution of the notice on the street or at the home without signal to announce its deposit. Such assurance of privacy falls far short of an abridgment of freedom of the press. [7]

Related Research Articles

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being compelled to salute the American flag or say the Pledge of Allegiance in public schools.

The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

The beliefs and practices of Jehovah's Witnesses have engendered controversy throughout their history. Consequently, the denomination has been opposed by local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses heretical, and some professors of religion have classified the denomination as a cult.

Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the US Supreme Court, which ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk even though the sidewalk was part of a privately-owned company town. The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment.

Lovell v. City of Griffin, 303 U.S. 444 (1938), is a United States Supreme Court case. This case was remarkable in its discussion of the requirement of persons to seek government sanction to distribute religious material. In this particular case, the Supreme Court ruled it was not constitutional for a city to require such sanction.

Schneider v. State of New Jersey, 308 U.S. 147 (1939), was a United States Supreme Court decision that combined four similar appeals, each of which presented the question whether regulations embodied in municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution.

Murdock v. Pennsylvania, 319 U.S. 105 (1943), was a case in which the Supreme Court of the United States held that an ordinance requiring door-to-door salespersons ("solicitors") to purchase a license was an unconstitutional tax on religious exercise.

Cox v. New Hampshire, 312 U.S. 569 (1941), was a case in which the Supreme Court of the United States held that, although the government cannot regulate the contents of speech, it can place reasonable time, place, and manner restrictions on speech for the public safety. Here, the Court held that government may require organizers of any parade or procession on public streets to have a license and pay a fee.

Douglas v. City of Jeannette, 319 U.S. 157 (1943), was a case in which the Supreme Court of the United States held it does not restrain criminal prosecutions made in good faith unless there would be some "irreparable injury." This case is one of four cases collectively known as the "Jehovah's Witnesses Cases", because the Supreme Court handed down rulings on these four cases related to the Jehovah's Witnesses on the same day. Although the Supreme Court ruled against the Jehovah's Witnesses in this case, it ruled in favor of them in the other three cases and those represent landmark decisions in the area of First Amendment constitutional law.

Jehovah's Witnesses experienced religious persecution in Canada during World War II because of their evangelical fervour and objection to compulsory military service. In 1940, Jehovah's Witnesses were banned as an illegal organization under the War Measures Act.

Follett v. Town of McCormick, 321 U.S. 573 (1944), was a case in which the Supreme Court of the United States held that people who earn their living by selling or distributing religious materials should not be required to pay the same licensing fees and taxes as those who sell or distribute non-religious materials.

Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002), is a United States Supreme Court case in which the Court held that a town ordinance's provisions making it a misdemeanor to engage in door-to-door advocacy without first registering with town officials and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.

Jamison v. State of Texas, 318 U.S. 413 (1943), was a case in which the Supreme Court of the United States held that a Dallas city ordinance, which prohibited distribution of handbills on the streets, violated the Free Exercise Clause of the First Amendment because the material being distributed is religious in its nature.

Fowler v. Rhode Island, 345 U.S. 67 (1953), was a case in which the Supreme Court of the United States held that a municipal ordinance which was used to penalize a minister of Jehovah's Witnesses for preaching at a peaceful religious meeting in a public park, although other religious groups could conduct religious services there with impunity, violated the First and Fourteenth Amendments.

Poulos v. New Hampshire, 345 U.S. 395 (1953), was a case in which the Supreme Court of the United States held that a New Hampshire city ordinance regarding permission to hold a meeting in a public park did not violate the appellant's rights to Free Exercise of Religion even if he and his group were arbitrarily and unlawfully denied a license to hold a religious meeting in that public park.

Tucker v. Texas, 326 U.S. 517 (1946), was a case in which the Supreme Court of the United States held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.

McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a case in which the Supreme Court of the United States held that an Ohio statute prohibiting anonymous campaign literature is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech. In a 7–2 decision authored by Justice John Paul Stevens, the Court found that the First Amendment protects the decision of an author to remain anonymous.

Lamb v Benoit, [1959] SCR 321 was a legal case that was heard by the Supreme Court of Canada. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of Quebec's Burning Hate, but the Supreme Court found no evidence of that specific pamphlet being distributed. Lamb was detained for a weekend without access to legal counsel. Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed. Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith. She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, as an example that "courts were more generous in accessing damages than they are today under the Charter".

References

  1. Henderson, Jennifer (September 22, 2004). "The Jehovah's Witnesses and their plan to expand first amendment freedoms". Journal of Church and State. 46 (4): 822–832. doi:10.1093/jcs/46.4.811.
  2. Smith, Chuck (June 22, 2001). "The persecution of West Virginia Jehovah's Witnesses and the expansion of legal protection for religious liberty". Journal of Church and State. 43 (3): 539–577. doi:10.1093/jcs/43.3.539.
  3. "First Amendment Right to Receive Information and Ideas Justifies Citizens' Videotaping of" (PDF). Retrieved December 10, 2018.
  4. 1 2 "Martin V. Struthers" (PDF). Retrieved December 10, 2018.
  5. "Martin v. City of Struthers, Ohio - ACLU Pros & Cons - ProCon.org". December 16, 2018. Archived from the original on December 16, 2018. Retrieved September 25, 2021.
  6. "Constitutional Law Freedom of Speech and Press - Distribution of Literature Martin v. City of Struthers, Ohio, 317, U.S. 589 - 1943". St. John's Law Review. 18. 1943.
  7. 1 2 "MARTIN v. CITY OF STRUTHERS, OHIO". LII / Legal Information Institute. Retrieved December 10, 2019.