Cantwell v. Connecticut

E15188

Cantwell v. Connecticut is a 1940 U.S. Supreme Court case that first applied the First Amendment’s Free Exercise Clause to the states, striking down a state law that improperly restricted religious proselytizing.

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Statements (48)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
free exercise of religion case
incorporation doctrine case
appliedToStatesThrough Fourteenth Amendment
surface form: Fourteenth Amendment Due Process Clause
areaOfLaw First Amendment law
constitutional law
religion clauses jurisprudence
arguedDate 1940-03-29
citation 310 U.S. 296
constitutionalProvisionInvolved First Amendment to the United States Constitution
Free Exercise Clause
First Amendment to the United States Constitution
surface form: Free Speech Clause
court Supreme Court of the United States
decisionDate 1940-05-20
fullName Cantwell v. Connecticut self-link
holding A state may not unduly restrict religious proselytizing through a licensing system that vests discretion in a public official.
The Connecticut statute requiring a certificate for religious solicitation violated the First and Fourteenth Amendments.
Free Exercise Clause
surface form: The Free Exercise Clause of the First Amendment is applicable to the states through the Fourteenth Amendment.
issue Whether a state can require prior approval before individuals engage in religious solicitation and proselytizing.
Whether the First Amendment’s Free Exercise Clause applies to state governments.
jurisdiction United States federal law
legalRule Government may regulate time, place, and manner of solicitation but may not vest officials with discretion to determine what is a religious cause.
Restrictions on religious solicitation must be neutral and not based on the content or legitimacy of religious beliefs.
States may not condition the exercise of religious proselytizing on a prior license that depends on official judgment of religious value.
majorityOpinionBy Justice Owen J. Roberts
surface form: Owen J. Roberts
opinionType unanimous opinion
page 296
petitioner Cantwell family
Newton Cantwell
priorHistory State v. Cantwell, 126 Conn. 1, 8 A.2d 533 (1939)
relatedCase Everson v. Board of Education
Murdock v. Pennsylvania
Reynolds v. United States
relatedConcept incorporation of the Bill of Rights
prior restraint
religious proselytizing
reporter United States Reports
respondent Connecticut
surface form: State of Connecticut
significance Clarified limits on state regulation of religious solicitation and proselytizing.
First Supreme Court case to explicitly apply the Free Exercise Clause to the states.
Important early incorporation case for First Amendment religious freedoms.
stateInvolved Connecticut
subjectMatter door-to-door solicitation
freedom of speech
religious liberty
volume 310
vote 9-0

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Referenced by (10)

Full triples — surface form annotated when it differs from this entity's canonical label.

Free Exercise Clause interpretedInCase Cantwell v. Connecticut
Cantwell v. Connecticut fullName Cantwell v. Connecticut self-link
State v. Cantwell, 126 Conn. 1, 8 A.2d 533 (1939) relatedCase Cantwell v. Connecticut
this entity surface form: Cantwell v. Connecticut, 310 U.S. 296 (1940)
State v. Cantwell, 126 Conn. 1, 8 A.2d 533 (1939) followedBy Cantwell v. Connecticut
this entity surface form: Cantwell v. Connecticut, 310 U.S. 296 (1940)
Newton Cantwell hasRoleIn Cantwell v. Connecticut
Cantwell family legalCase Cantwell v. Connecticut
Murdock v. Pennsylvania relatedCase Cantwell v. Connecticut
Minersville School District v. Gobitis isRelatedCase Cantwell v. Connecticut
Follett v. Town of McCormick relatedTo Cantwell v. Connecticut