U.S. Supreme Court Associate Justice Harlan Fiske Stone wrote, "The Jehovah's Witnesses ought to have an endowment in view of the aid which they give in solving the legal problems of civil liberties."
In the United States numerous cases involving Jehovah's Witnesses are now landmark decisions of First Amendment law. In all, Jehovah's Witnesses brought 23 separate First Amendment actions before the U.S. Supreme Court between 1938 and 1946.
The most important U.S. Supreme Court legal victory won by the Witnesses was in the case West Virginia State Board of Education vs. Barnette, in which the court ruled that school children could not be forced to pledge allegiance to or salute the U.S. flag. The Barnette decision overturned an earlier case, Minersville School District vs. Gobitis (1940), in which the court had held that Witnesses could be forced against their will to pay homage to the flag.
The fighting words doctrine was established by Chaplinsky v. New Hampshire (1942). In that case, a Jehovah's Witness had reportedly told a New Hampshire town marshal who was attempting to prevent him from preaching "You are a God-damned racketeer" and "a damned fascist" and was arrested. The court upheld the arrest, thus establishing that "insulting or 'fighting words', those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem."
In a more recent case, Jehovah's Witnesses refused to get government permits to solicit door-to-door in Stratton, Ohio. In 2002, the case was heard in the U.S. Supreme Court (Watchtower Bible and Tract Society v. Village of Stratton). The Court ruled in favor of the Jehovah's Witnesses, ensuring the freedom of all to go door-to-door without obtaining permits.
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2007-06-02
10:16:35
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16 answers
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Mitch R
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