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Cases by Topic Group
Religious Literature Distribution, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
Coleman v. City of Griffin 302 U.S. 636 (appeal dismissed for want of substantial federal question)1937Upholding conviction of Jehovah's Witness under ordinance requiring prior written permission for literature distribution issued at discretion of city manager. Jehovah's Witnesses

Religious Literature Distribution


 
Lovell v. City of Griffin, 303 U.S. 4441938Ordinance prohibiting distribution of literature of any kind is unconstitutional because it abridges freedom of the press. Jehovah's Witnesses

Religious Literature Distribution


 
Schneider v. State of New Jersey, Town of Irvington, 308 U.S. 1471939Ordinance making it unlawful to distribute handbills on sidewalks, streets or any other public place is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
Jones v. Opelika [Opelika I], 316 U.S. 5841942Jehovah's Witnesses selling tracts are not exempt from regulation of commercial activities. Religious Literature Distribution


 
Busey v. Dist. of Columbia, 319 U.S. 5791943Conviction of Jehovah’s Witness for unlicensed selling of magazines on public sidewalks is vacated and remanded in light of Jones v. Opelika (1943), and Murdock v. Pennsylvania (1943). Jehovah's Witnesses

Religious Literature Distribution


 
Douglas v. City of Jeannette,3 19 U.S. 1571943Case was not properly in federal court; same ordinance was dealt with in Murdock. Jehovah's Witnesses

Religious Literature Distribution

Tax on Religion


 
Jamison v. Texas, 318 U.S. 4131943Ordinance prohibiting the dissemination of handbills is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
Jones v. Opelika [Opelika II], 319 U.S. 1031943On rehearing Opelika I is vacated; state may not prohibit distribution of religious handbills where handbills seek to raise funds in a lawful fashion. Religious Literature Distribution


 
Largent v. Texas, 318 U.S. 4181943A city ordinance requiring permit to solicit orders for books is unconstitutional as applied to distribution of religious publications. Jehovah's Witnesses

Religious Literature Distribution


 
Martin v. City of Struthers, 319 U.S. 1411943Ordinance forbidding door-to-door distribution of handbills, circulars or other advertising matter is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
Murdock v. Pennsylvania, 319 U.S. 1051943The mere fact that religious literature is sold by itinerant preachers rather than donated does not transform evangelism into a commercial enterprise; tax is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution

Tax on Religion


 
Follett v. Town of McCormick, 321 U.S. 5731944Disallowed flat license tax on minister distributing religious material. Jehovah's Witnesses

Religious Literature Distribution

Tax on Religion


 
Prince v. Massachusetts, 321 U.S. 1581944Statute forbidding boys under 12 and girls under 18 to sell magazines on streets or in public places is not unconstitutional as abridging freedom of religion. Jehovah's Witnesses

Parental Rights

Religious Literature Distribution


 
Marsh v. Alabama, 326 U.S. 5011946The more an owner opens property for public use, the more do his rights become circumscribed by First Amendment rights of those who use it. Jehovah's Witnesses

Religious Literature Distribution


 
Tucker v. Texas, 326 U.S. 5171946Statute making it an offense to distribute literature in government-owned town invalid. Jehovah's Witnesses

Religious Literature Distribution


 
Heffron v. Intn'l Soc. for Krishna Consciousness, Inc., 452 U.S. 6401981Prohibiting sale or distribution on fair grounds did not violate First Amendment as applied to members of religious sect. Religious Literature Distribution


 
Int'l Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 6721992An airport terminal is a non-public forum, therefore a ban on religious handbills and solicitation need only satisfy a reasonableness standard. Religious Literature Distribution

Religious Speech


 
Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 1502002*Town's requirement that door-to-door leafleters register with town as applied to the Jehovah's Witnesses' proselytizing violates First Amendment. Jehovah's Witnesses

Religious Literature Distribution


 

Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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