Cantwell v. Connecticut
E15188
First Amendment case
United States Supreme Court case
free exercise of religion case
incorporation doctrine case
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.
Observed surface forms (1)
| Surface form | As subject | As object |
|---|---|---|
| Cantwell v. Connecticut, 310 U.S. 296 (1940) | 0 | 2 |
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 → |
Referenced by (7)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Cantwell v. Connecticut, 310 U.S. 296 (1940)
this entity surface form:
Cantwell v. Connecticut, 310 U.S. 296 (1940)