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Constitutional Law Keyed to Choper
Cantwell v. Connecticut
Citation:
310 U.S. 296 (1940)Facts
Newton Cantwell and his sons Jesse and Russell, members of Jehovah’s Witnesses claiming to be ordained ministers, were going door-to-door in a predominantly Catholic neighborhood in New Haven, Connecticut. They carried religious books, pamphlets, and a portable phonograph with records that described their religious materials. They would ask permission to play the records and then solicit contributions or purchases of their religious materials. Jesse Cantwell played a record that attacked the Catholic religion to two Catholic men on the street, which angered them, though no physical altercation occurred. None of the Cantwells had obtained the certificate required by Connecticut law for soliciting funds for religious causes. The statute required the secretary of the public welfare council to determine whether the solicitation was for a genuine religious cause before issuing a certificate. The Cantwells were convicted of violating this statute and Jesse was also convicted of breach of peace.
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