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.
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 $180 in 2023) 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 Courtedit
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.
Dissentsedit
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]
Referencesedit
^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.
^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.
^"First Amendment Right to Receive Information and Ideas Justifies Citizens' Videotaping of" (PDF). Retrieved December 10, 2018.
^ ab"Martin V. Struthers" (PDF). Retrieved December 10, 2018.
^. December 16, 2018. Archived from the original on December 16, 2018. Retrieved September 25, 2021.
^"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.
^ ab"MARTIN v. CITY OF STRUTHERS, OHIO". LII / Legal Information Institute. Retrieved December 10, 2019.
External linksedit
Works related to Martin v. City of Struthers at Wikisource
Text of Martin v. Struthers, 319U.S. 141 (1943) is available from:CornellCourtListenerFindlawGoogle ScholarJustiaLibrary of Congress
April 12, 2024
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This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Martin v City of Struthers news newspapers books scholar JSTOR January 2011 Learn how and when to remove this template message 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 Martin v StruthersSupreme Court of the United StatesArgued March 11 1943Decided May 3 1943Full case nameMartin v City of Struthers OhioCitations319 U S 141 more 63 S Ct 862 87 L Ed 1313 1943 U S LEXIS 1188Case historyPriorAppeal from the Supreme Court of OhioHoldingA law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah s Witness Court membershipChief Justice Harlan F Stone Associate Justices Owen Roberts Hugo BlackStanley F Reed Felix FrankfurterWilliam O Douglas Frank MurphyRobert H Jackson Wiley B RutledgeCase opinionsMajorityBlack joined by Stone Douglas Murphy RutledgeConcurrenceMurphyDissentFrankfurterDissentReed joined by Roberts Jackson Contents 1 Background 2 Opinion of the Court 2 1 Dissents 3 References 4 External linksBackground editHistorically 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 180 in 2023 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 editThe 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 edit 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 References edit 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 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 First Amendment Right to Receive Information and Ideas Justifies Citizens Videotaping of PDF Retrieved December 10 2018 a b Martin V Struthers PDF Retrieved December 10 2018 Martin v City of Struthers Ohio ACLU Pros amp Cons ProCon org December 16 2018 Archived from the original on December 16 2018 Retrieved September 25 2021 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 a b MARTIN v CITY OF STRUTHERS OHIO LII Legal Information Institute Retrieved December 10 2019 External links edit nbsp Works related to Martin v City of Struthers at Wikisource Text of Martin v Struthers 319 U S 141 1943 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Retrieved from https en wikipedia org w index php title Martin v City of Struthers amp oldid 1211673942, wikipedia, wiki, book, books, library,
