SCOTUS Practice 1

Newton Cantwell and his sons, who were Jehovah's witnesses, went door-to-door in a New Have Connecticut, neighborhood to distribute pamphlets about their religion and encouraged people to join their church. The men did not have a permit to solicit door-to-door. A Connecticut state court convicted the Cantwells of violating an ordinance that stated, "no person shall have been approved by the secretary of the public welfare council".

Cantwell and his sons challenged the conviction, arguing that they did not need to obtain a permit because their activities were protected by the US Constitution. The Connecticut Supreme Court upheld the conviction, finding that the statute was in the public interest and that it protected against fraud. The Cantwells appealed to the US Supreme Court. 

In a unanimous decision, the Supreme Court ruled in the Canwell's favor, holding that the United States Constitution prohibited states from making laws like the one in question in New Haven. The Court reasoned that the 1st Amendment gives the citizens the right to believe, as well as the right to act on those beliefs, and regarding the right to act, laws may not deny or limit the right to preach or disseminate religious views.

Identify the First Amendment clause that is common to both Wisconsin v . Yoder (1972) and Cantwell v. Connecticut (1940).

 Explain how the facts in Wisconsin v Yoder and Cantwell v. Connecticut resulted in the Supreme Court issuing similar holdings in both cases.

 Explain how the facts of Cantwell v . Connecticut (1940) illustrate the Court's need to balance government power and the rights of citizens.