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Watchtower Bible & Tract Society v. Village of Stratton (docket #:00-1737) (2002)  [Findlaw]
First Amendment claim sustained.

Argument Date 02/26/2002
Decided 06/17/2002
Supreme Court Vote 8-1
Note solicitor registration
Supreme Court Ruling First Amendment claim sustained.
 
IssuePetitioners challenge, on free speech and free exercise grounds, a local ordinance that requires all “canvassers, solicitors, peddlers, or hawkers” that go onto private residential properties to first register with the mayor. The ordinance applies to all such persons who go onto residential property for the purposes of “advertising, promoting, selling, and/or explaining any product, service, organization, or cause.” Petitioners argue that the ordinance is overbroad and vague. They also argued that the registration requirements ran afoul of the holding in McIntyre v. Ohio Elections Commission (1995) (protecting anonymous political speech). This case raises the question of the level of judicial scrutiny, i.e. intermediate scrutiny or strict scrutiny (re the latter: petitioners relied on Employment Division v. Smith (1990)).
 
Case Summary & Additional Resources
Majority Opinion Majority opinion by Justice Stevens
Concurring Opinion Justice Breyer concurring
Dissenting Opinion Justice Scalia concurring in the judgment with Chief Justice Rehnquist dissenting
Certiorari Granted 10/15/2001
Lower Court 6th Circuit
Lower Court Ruling First Amendment claim denied, District Court order (by Judge Edmund A. Sargus Jr.) affirmed.
Oral Arguments Transcript
Lawyers
For Petitioner
Watchtower/ Paul D. Polidoro

For Respondent
Village of Stratton/ Abraham Cantor

Briefs
Church of Jesus Christ of Latter-Day Saints
Erik Jaffe
Richard Hasen
Steven Shapiro
News Stories & Commentary
Charles Haynes (commentary)

High court throws out law barring door-to-door solicitation

Press Release
Jehovah's Witnesses press release

Panel - Lower Court
Circuit Judge Cornelia Kennedy Circuit Judges Gilbert Merritt with Circuit Judge Ronald Gilman concurring & dissenting in part
Tony Mauro Analysis
High court appears ready to topple 2 laws that restrict speech

High court to hear Jehovah's Witnesses case

Supreme Court again finds itself on side of Jehovah's Witnesses

Opinion - Lower Court
Watchtower Bible & Tract Society v. Village of Stratton (2000)

Other
Turley, Jonathan, "Registering Publius: The Supreme Court and the Right to Anonymity" (Cato Supreme Court Review, 2001-2002)

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