Cantwell v. Connecticut
Encyclopedia
Cantwell v. Connecticut, 310 U.S. 296 (1940), was a United States Supreme Court
decision that incorporated
(applied to the states) the First Amendment
's protection of religious free exercise.
"a religious one or is a bona fide object of charity or philanthropy" and whether the solicitation "conforms to reasonable standards of efficiency and integrity."
Upon determination of the cause's legitimacy, a solicitation certificate would be issued.
Newton Cantwell (a Jehovah's Witness
) and his two sons, Jesse and Russel, were proselytizing in a heavily Roman Catholic neighborhood in New Haven, Connecticut
. The Cantwells were going door to door, with books and pamphlets and a portable phonograph with sets of records. Each record contained a description of one of the books. One such book was "Enemies", which was an attack on organized religion in general and especially the Roman Catholic Church. Jesse Cantwell stopped two men on the street and requested permission to play a phonograph. They gave permission, and after hearing the recording, the two citizens were incensed; though they wanted physically to assault the Cantwells, they restrained themselves.
Cantwell and his two sons were arrested and charged with: (1) violation of a Connecticut statute requiring solicitors to obtain a certificate from the secretary of the public welfare council ("Secretary") before soliciting funds from the public, and (2) inciting a common-law breach of the peace
.
The Cantwells stated they did not get a license because they did not believe the government had the right to determine whether the Witnesses were a religion. They argued that the statute denied the trio their due process rights under the 14th Amendment
, and it also denied them their First Amendment
rights to freedom of speech
and religious expression
.
disagreed with the Cantwells, finding that the statute was an effort by the state of Connecticut to protect the public against fraud, and as such, the statute was constitutional. The Connecticut Supreme Court upheld the conviction of all three on the statutory charge and affirmed one son's conviction of inciting a breach of the peace, but remanded the inciting a breach of peace charge against the other two for a new trial.
s.
Justice Owen Roberts wrote in a unanimous opinion that "to condition the solicitation of aid for the perpetuation of religious views or systems upon a license, the grant of which rests in the exercise of a determination by state authority as to what is a religious cause, is to lay a forbidden burden upon the exercise of liberty protected by the Constitution."
This case incorporated the First Amendment's Free Exercise Clause, thereby applying it to the states and protecting free exercise of religion from intrusive state action. The Establishment Clause
was incorporated seven years later in Everson v. Board of Education
(1947).
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that incorporated
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
(applied to the states) the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
's protection of religious free exercise.
Background
A Connecticut statute required licenses for those soliciting for religious or charitable purposes. The statute was an early type of consumer protection law: it required the Secretary, before issuing a certificate permitting solicitation, to determine whether the cause was"a religious one or is a bona fide object of charity or philanthropy" and whether the solicitation "conforms to reasonable standards of efficiency and integrity."
Upon determination of the cause's legitimacy, a solicitation certificate would be issued.
Newton Cantwell (a Jehovah's Witness
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
) and his two sons, Jesse and Russel, were proselytizing in a heavily Roman Catholic neighborhood in New Haven, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
. The Cantwells were going door to door, with books and pamphlets and a portable phonograph with sets of records. Each record contained a description of one of the books. One such book was "Enemies", which was an attack on organized religion in general and especially the Roman Catholic Church. Jesse Cantwell stopped two men on the street and requested permission to play a phonograph. They gave permission, and after hearing the recording, the two citizens were incensed; though they wanted physically to assault the Cantwells, they restrained themselves.
Cantwell and his two sons were arrested and charged with: (1) violation of a Connecticut statute requiring solicitors to obtain a certificate from the secretary of the public welfare council ("Secretary") before soliciting funds from the public, and (2) inciting a common-law breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
.
The Cantwells stated they did not get a license because they did not believe the government had the right to determine whether the Witnesses were a religion. They argued that the statute denied the trio their due process rights under the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, and it also denied them their First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights to freedom of speech
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
and religious expression
Freedom of religion in the United States
In the United States, freedom of religion is a constitutionally guaranteed right provided in the religion clauses of the First Amendment. Freedom of religion is also closely associated with separation of church and state, a concept advocated by Thomas Jefferson....
.
Prior history
The Connecticut Supreme CourtConnecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
disagreed with the Cantwells, finding that the statute was an effort by the state of Connecticut to protect the public against fraud, and as such, the statute was constitutional. The Connecticut Supreme Court upheld the conviction of all three on the statutory charge and affirmed one son's conviction of inciting a breach of the peace, but remanded the inciting a breach of peace charge against the other two for a new trial.
Issue
The issue presented before the court was whether the state's action in convicting the Cantwells with inciting a breach of the peace and violating the solicitation statute violated their First Amendment right to free exercise of religion.Opinion of the Court
The Court found that Cantwell's action was protected by the First and Fourteenth AmendmentFourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
s.
Justice Owen Roberts wrote in a unanimous opinion that "to condition the solicitation of aid for the perpetuation of religious views or systems upon a license, the grant of which rests in the exercise of a determination by state authority as to what is a religious cause, is to lay a forbidden burden upon the exercise of liberty protected by the Constitution."
Significance
Before the Cantwell decision, it was not legally clear that the First Amendment protected religious practitioners against restrictions at the state and local levels as well as federal. But the Supreme Court in Cantwell said it did, thereby ushering in an era of greatly strengthened religious freedom.This case incorporated the First Amendment's Free Exercise Clause, thereby applying it to the states and protecting free exercise of religion from intrusive state action. The Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
was incorporated seven years later in Everson v. Board of Education
Everson v. Board of Education
Everson v. Board of Education, 330 U.S. 1 was a landmark decision of the United States Supreme Court which applied the religion clauses in the country's Bill of Rights to state as well as federal law...
(1947).
See also
- List of United States Supreme Court Cases
- Incorporation (Bill of Rights)Incorporation (Bill of Rights)The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
- Everson v. Board of EducationEverson v. Board of EducationEverson v. Board of Education, 330 U.S. 1 was a landmark decision of the United States Supreme Court which applied the religion clauses in the country's Bill of Rights to state as well as federal law...
, - R. A. V. v. City of St. PaulR. A. V. v. City of St. PaulR.A.V. v. City of St. Paul, was a United States Supreme Court case involving hate speech and the free speech clause of the First Amendment to the Constitution of the United States. A unanimous Court struck down St...
,
External links
- "Religion: Freedom of Faith", Time magazine, April 8, 1940, contemporaneous article on the case, Online