Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton

Summary

Justice Stevens, joined by Justices O'Connor, Kennedy, Souter, Ginsburg, and Breyer, held that Stratton's registration and permit requirement for door-to-door advocacy violated the First Amendment on its face. Its broad coverage burdened anonymous advocacy, spontaneous speech, and speakers unwilling to seek governmental permission, without adequate tailoring to the Village's interests in preventing fraud and crime and protecting residential privacy. The Court declined to select a standard of scrutiny and reversed and remanded. Justice Breyer, joined by Justices Souter and Ginsburg, emphasized that the crime-prevention justification lacked support in the Village's stated reasons and the record. Justice Scalia, joined by Justice Thomas, concurred in the judgment but rejected reliance on speakers' religious or patriotic objections to obtaining a permit. Chief Justice Rehnquist dissented, concluding that the nondiscretionary permit requirement satisfied intermediate scrutiny and was supported by precedent.