Argument of Speaker
Mr. Speaker: The opinion of the Court in No. 00-1737, the Watchtower Bible & Tract Society of New York versus the Village of Stratton will be announced by Justice Stevens.
Argument of Justice Stevens
Mr. Stevens: This case comes to us from the United States Court of Appeals for the Sixth Circuit.
The petitioners are Jehovah’s Witnesses who go from door-to-door distributing religious materials.
They brought this action against the Village of Stratton, Ohio challenging the constitutionality of an Ordinance that prohibits canvassers from going on private property to promote any cause without first obtaining a permit from the Mayor’s Office.
The District Court upheld the ordinance and the Sixth Circuit affirmed.
We granted certiorari to decide whether the ordinance violates the First Amendment.
We note that the ordinance covers far more than commercial activity and the solicitation of funds.
It applies to religions and political activity and would same to extend the spontaneous speech on a Sunday afternoon of a neighbor who decided to ring a neighbor’s doorbell and ask him to vote against mayor at the next election or something like that.
For reasons stated, in an opinion filed with the Clerk we conclude that the ordinance is a species of a prior restraint that is not tailored to protecting the village residents from fraud, from invasions of their privacy or from crime.
We therefore reverse the judgment of the Court of Appeals.
Justice Breyer joined by Justices Souter and Ginsburg has filed a concurring opinion, Justice Scalia has filed an opinion concurring on the judgment in which Justice Thomas has joined, and the Chief Justice has filed a dissenting opinion.
