Module 1: Spec Methods

Does religious freedom include the right to criticize other faiths? The U.S. Supreme Court faced that question.

JESSE CANTWELL trudeed heavily down the street, hig figure lopsided from the drag of a bulky btack suitcase. It contained books, pamphlets, a. portable phonograph, and a set of records. Cantwell wore a neat business suit hnd a felt hat. 'From outward appear- ance he might have beert just an-. other hardworkiirg salesman. In a way l:: ws. He was a Jehovah's Withess.

Cantwell walked on Cassius Street in New lliaven, Conn. The street was heavily populated and full of life-clus{ers of men in earnest sidewalk conversatioins, housewive chatting from porch to porch. That ulas good for d man with calls-to make.

Cantwefi had spent most of the' day eoing from dooi to door. First he would ask each person for per- mission to play a record, which introduced and described a book. If permission waS granted, he played the record and asked the Irerson to buy the book. If der- mission was refused, Cantwell isked a contribution toward the'' publication of pamphlets. For each contribution, he gave a pamphlet

-on condition that it be read.

HIS DAY, he thought, had not been very succeseful. Sorhe home- owners had taken quick ofrense at his presentation. There had been more than the usual nurrrber of slammed doors. Yet Cantwell felt

some consolation. He knew why the &y had been diffianlt. Caeeius Street wias tnore than 90 percent Catholic.

Even in tlre best of circum- stancbs, Cantwell knew, the work of a Jehorah's Witnese was not easy. Every Witness who preached .the truth of the Bible ae faith: fulli aa he ehould, Cantwell thought, could expect resistance.

He knew thls resietance might take the form of ridicule, threats, and even violence. From time to time .,IYitneiseg had' beeir beaten or chaeed through the streets.

What was more, Cantwell knew, was that Witnesses often encoun- tered a wall of restrictive local .h*s. These laws misht forbid un- invitcd calls at homeg, or lew high'taxes, or require licenses that were often impossible to obtain.

OPPASITION arises partly.-in reslrcnse to basic beliefs of the Jehovah's Witneeses. Witnesses be- lieve tlrat Satan has ruled .the world since 1914. They believe that the world has gotten progres-' sively worte eince then and is rap- idly moving toward Aruageddon.-, In this great battle, Jehovah (from the Hebrew name for God) is ex- pected to deetroy Satan and all other evil. Thereafter, VYitnesees iay, God. will rule a world free of pain, sorrow, and even dath.

At their periodic conventiong, lVitnessee wear birdges proclaim-

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ing, "God's Kingdom Rules-Is t|g World's End Near?" Yet, ac- cording to Witnesses, only. 144,000 Irersons will go to heaven, there to rule with God as kings for a thousand years.

WITNESSES base all their be- liefs solely on the Bible. They cite references to both the Old and New Testaments, but their inter- pretations differ greatly from those of other faiths. For example, tffit- nesses do not believe in the general immortality of the soul, but say that the soul-except for those of people who will go to Heaven- dies with the body. Witnesses deny the seneral belief that Jesus died on the cross; they say He was tortured to death at the stake.

Another Witness belief forbids blood transfusions as violating a biblical injunction against "at- ing blood." Time after time Wit- nesses have refused to consent to blood transfusions for themselves or for their children, even when the refusal appeared to mean cer- tain death. The courts have gener- ally respected the right of adult Witnesses to refuse; but judges have often ruled that no parent has a right to consign his child to death by refusing blood out of re- Iigi_ous conviction.

lecause all Witnesses regard. themselves as ministers, opposed to taking part in war, they fre- quently seek to be exempted from tnilitary service. Draft disputes have landed hundreds of them in federal prisons. In most other re- spects, lVitnesses have won the right to be ionsidered ministers in the eyes of the law.

THIS WAS RIGH?, thought Jesse Cantwell as he walked down Cassius Street. He was disturbed about some of the incidents of the day. But then, he reflected, God had commanded Jehovah's Tlit- nesses to teach others.

The thought made Cantwell feel somewhat better about the most unfortunate incident of the day. It had occurred when Cantwell stopped'two men in the street to ask their permission to p}ay a record for them. Somewhat be- musedly the men had given per- mission.. The record described a book entitled Enemies and con- tained a general attack'on all orpnized religious systems as in- struments of Satan and harmful to men. The record singled out the Roman Catholic Church as the most evil.

As the record played, . the two men, both Catholics, had looked at one another in astonishment. Then anger had welled up in them, pumping their faees red. Cantwell had been sure that they were going to hit him. But instead one of the men had told him angxily, "You better get ofr the street before something happens to.)ou." With- out hesitation and without a \rord, Cantwell had pieked up his things and left.

Cantwell made a point of never forcing the issue. Throughout the day, he had tried to conduct himself in a quiet, orderly man- ner. If anything, he thought, he had been more courteous thari usual in view of the determined Catholicism he had found on Cas- siue Street.

Nonetheless, the day had not 38

been without its rewards. Cantwell thought he had obtained a few leads-names and addresses of per- sons sho\r'ing some interest in the Jehorah's Witnesses. Nert week he would call on these people again, this time inviting them to a free Bible lecture.

' CANTWELL ARRIWD at the spot where he was to meet his father and his brother Russell. '

They were working on the opposite ends of Cassius Street. Cantwell glanced at his watch and saw that he was early. Rather than stand there, he might as.well make one last cal!, he said to himself.

Cantweli was looking about for a likely lcoking house when a po- liceman a.pproached him. , "Are you Jesse Cantwell, a mem- ber of an orgnnization called the Jehovah's Witnesses?"

"Yes, I am Jesse Cantwell." "I think you bettcr come with

me." "May I ask the charge?" "Incitiirg a breach of the peace

and soliciting funds without a perrnit."

JESSE CANTWELL, his father, and his brother.were all arrested.

- Each was convicted in the New 'Haven Court of Common Pleas of inciting a breach'of the peace and soliciting funds without a permit.

The state law read in part: "No person ghall .solicitrnondy, services, subscriptions, or any valuable thins for any alleged religious, charitable, or philanthropic cause . unless such causdshall have been approved by the secretary of the Public Welfare C,ouncil."

The' Statc Supreme Court up- held the convictions of all three on the charge ofbreaking this state law. The court reversed the con- victions of Cantwell's fathcr and brother on the breach of the peace

charge, and ordered new trials for them. But the court upheld Jesse Cantwell's conviction on that charge specifically because of his contact with the two men for whom he had played the record in the street.

The Cantwells then appealed to the United States Supreme Court; which agreid to hear the case. In a unanimous opinion, the Supreme Court reversed the convictions of the Cantwells.'

THE COURT HELD that the state law deprived the Cantwells of their liberty. The Court ruled , unaniminously that "Freedom to adhere to such religious orgd-niza- tion o'r form of worship as the iri- dividual may choose cannot be re- stricted by liaw."

The Court held that requiringthe Cantwells to obtain a certificate as a condition of soliciting support for their religious views wds "cen- eorship of religion as a means of determining its right to survive," and a "denial of liberty protected by the First Amendment

The Court noted that on the day of his arrest Jesse Cantwell "was upon a public street, where he had_a right to be, and where he had a right peacefuily to impart his views to others. There is no showing that his deportment was noisy, truculent, overbearing, or offensive , . It is not claimed that he intended to insult or afrront

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the hearers . . . . It is plain that hti wished only to interest them in his propaganda."

In ionclusion, the Court said:

"In the ralm of religious faith . slurp differences arise The tenets of one nnn nwy seern the runhest error to his neighbor. To persuade others to his point

1. Describe Jesse C,antwell's ap- proach as he went door to door on Cassius Street.

2. Whv was Cantwell's task espe- cially difficult?

3. What did Cantwell's record-

1. Evaluating the Decision. Do you agree or disagree with the Supreme Court's general decision in the Cantwell. case? Erplain. What do you think of the opinion that "ixaggeration" and "vilifi- cation" are permissible for use in attempts to persuade people of the worth of certain religious views? Explain. Do you think the following statements are perrnis- sible or not?

a. "The ritual of your religion is a stupid, heathen magig-show."

b. "You people only celebrate religious holidays to get out of

. work." c. "You believe in life'iverlast-

ing because ybu are too weak- minded to face the hard daily demands of life."

d.. "You're deluded iir think- ing you are chosen for heaven. We are chosen for heaven."

of uiew, the plader . . . at times, resorts to emggewtion, to vilifi- ation . . . . But the people of this rution luue ordhircd. in the lieht of history tlwt, in spite of tlu profubility of ercesses ahd, abuses, these liberties are, in the long uiew, essential to enliehtened, opin- ion and right conduct on the wrt of citizens of a d,emocttcy."

Perststing Questions of Modern Life

Facts of the Case

ing say about othgr religions? 4. On what charges was Cant-

well arrested? 5. On what grounds did the U.S.

Supreme Court set aside the con- victions of the Cantwells?

2. Distinguishing Rights. Peo- ple sometimes complain that their privacy is invaded by salesmen who bombard them by means of TV, radio, "junk" mail, doorbell- ringing, phone ealls, and other ways, Should relisious groups be limited in their use of such means to persuade others? Why or why not? Would you agree or disagree with the idea that rbligious groups should be given reduced rates oi special privileges in the use of the following facilities?

a. TV and radio b. Mail c. Telephone d. Public meeting places such

as school auditoriums and town halls

e. Door-to-door solicitation. Explaip ybur opinions.

iili*,ior" of this case "r"

,"r1"*"d for furthsr diecussion on pp. 48-{7.

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