DO-NOT-CALL Campaign: US Legal Basis

by MadApostate 15 Replies latest jw friends

  • MadApostate
    MadApostate

    For those who are interested in "actually doing something" in the fight against the WTS, other than posting to DBs, here is a recent US Court Opinion which does a good job of explaining that US Homeowners have the legal right to forbid solicitors (including JWs) from entering their private property, including explaining all the constitutional and legal issues.
    Although this case deals with an Newspaper/Advertising Distributor, JWs and "freedom of religion" are also addressed by this lengthy Opinion. It is well worth the read for anyone interested in fighting the WTS using this avenue.

    ... http://www.cmcnyls.edu/public/USCases/Tillman.HTM

    Here is an excerpt for those unwilling to read the entire Opinion:

    ..................................................................................

    "The Court has traditionally respected the right of a householder to bar, by order or notice, solicitors, hawkers, and peddlers from his property. See Martin v. Struthers, supra; cf. Hall v. Commonwealth, 188 Va 72, 49 S.E.2d 369, appeal dismissed, 335 U.S. 875 (1948). In this case the mailer's right to communicate is circumscribed only by an affirmative act of the addressee giving notice that he wishes no further mailings from that mailer.

    "To hold less would tend to license a form of trespass and would make hardly more sense than to say that a radio or television viewer may not twist the dial to cut off an offensive or boring communication and thus [*10] bar its entering his home. Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit; we see no basis for according the printed word or pictures a different or more preferred status because they are sent by mail".

    As noted in Rowan v U.S. Post Off. Dept. (397 U.S. 728, supra), the Supreme Court has "traditionally respected the right of a householder to bar, by order or notice, solicitors, hawkers, and peddlers from his property" (Rowan v U.S. Post Off. Dept., supra, at 737, citing Martin v Struthers, 319 U.S. 141). Under this more "traditional" approach, the court upheld an ordinance forbidding the entry onto private property by solicitors, hawkers, peddlers, itinerant merchants and transient vendors, in the absence of a prior invitation by the owners and occupiers (Breard v City of Alexandria, 341 U.S. 622). The Breard court stated, in part:

    "The First and Fourteenth Amendments have never been treated as absolutes. Freedom of speech or press does not mean that one can talk or distribute where, when and how one chooses. Rights other than those of the advocates are involved. By adjustment of rights, we can have both full [*11] liberty of expression and an orderly life" (Breard v City of Alexandria, 341 U.S. 622, 642).

    The Breard court went on to distinguish Martin v City of Struthers (319 U.S. 141) as having been "narrowly limited to the precise fact of the free distribution
    of an invitation to religious services" (341 U.S. 622, 643). In Martin v City of Struthers (319 U.S. 141, supra), the court had invalidated a local law which forbade the door-to-door distribution of handbills, and which had been used against Jehovah's Witnesses who had gone door to door with invitations to a religious meeting. Justice Black, writing for the court in Martin v City of Struthers (supra), concluded that the local law infringed on the freedom to distribute information, [**>>**>>**>>] but also acknowledged the propriety of leaving "with the homeowner himself" the
    power to decide "whether distributors of literature may lawfully call at a home" (Martin v City of Struthers, supra, at 148). (end of excerpt)

  • outnfree
    outnfree

    Thank you for this information, MadApostate, and the link.

    outnfree

    Par dessus toutes choses, soyez bons. La bonte est ce qui ressemble le plus a Dieu et ce qui desarme le plus les hommes -- Lacordaire

  • closer2fine
    closer2fine

    So, if I send a letter with this info to the local KH - they can't come to my house anymore???????????

    closer

    Mean People Produce
    Little Mean People - bumpersticker

  • proplog2
    proplog2

    Jehovah's Witnesses would love to have people do this. You will free them of any responsibility to waste time knocking on your door. It would certainly improve efficiency if they didn't have to call on the hard core opposers.

    Nothing has ever stopped Christians from pushing their message. Unfortunately Christianity became the religion of Europeans at the point of a sword.

    So go ahead and do JW's a favor. If you don't want them coming to your door - let them know.

    Such pettiness!!

  • MadApostate
    MadApostate

    C2F:

    All an Individual has to do is to notify the local Congregation that the Individual does not want any JWs to enter upon their private property, if that entry is for the purposes of communicating the beliefs of the JW religion, or is for any other proselytizing purposes.

    The property should be specifically identified by postal address, or other thorough means.

    All resident adults should sign the request.

    The "Notice" should be sent snailmail (registered/certified would be great) to the local Cong, and one should also "CC" the WTS.

    The "Notice" could also include a warning that "any violations of this request will be prosecuted as TRESPASS, both civilly and criminally."

    The "Notice" can also be expanded to include "all forms of communication", including postal mail, email, telephone, etc,.

    I will try to put together and post a "sample letter" when I have time.

  • MadApostate
    MadApostate

    ShortsightedLOG:

    You don't get it! I would prefer that NOONE here, who has the ability and willpower to Debate JWs who call at their door, would send such a notice to their local Cong.

    I'm trying to get folks here motivated and educated enough to communicate with local Church groups to get local "petition campaigns" started both inside and outside their church.

    If only one church could be motivated to do this in each small community, the probability of a "snowball effect" is high. Once local gossip got out that the Baptist Church's members no longer had JWs knocking at their doors, then Baptist Churches in neighboring towns would likely follow suit. On hearing that the Baptist churches had suceeded in stopping JWs from knocking at their members' doors, other churches would also likely want to do the same.

    Before long, the decreasing number of available doors would result in non-signers being pestered more frequently, which results in more antagonistic responses, plus those people signing up themselves.

    The effect that this would have on the local JWs' morale is obvious.

    Then, if a JW slipped up and called at a DNC, and if a homeowner actually sued them and the local Cong, well....

  • proplog2
    proplog2

    It would be wonderful if everyone did that. Just think. All that wasted man power - knocking on doors. JW's could work at their regular jobs over-time and contribute that money to the world wide work in other countries where people are still receptive. That would speed up the work. American witnesses would then be the financial sponsors of intense missionary work.

    They might even buy TV time and produce slick programs with a free offer for home bible study.

    GIVE IT UP. IT WILL ONLY GET WORSE

  • bluesapphire
    bluesapphire

    Proplog, usually I just ignore your posts. But this one is just toooooo funny!

    "It would be wonderful if everyone did that. Just think. All that wasted man power - knocking on doors. JW's could work at their regular jobs over-time and contribute that money to the world wide work in other countries where people are still receptive."

    Yeah, like anyone is going to believe this! You know and I know that all they care about while they're knocking doors is TIME COUNTING! If their time was really so precious they wouldn't walk at a snail's pace. Hahahahahahah. This is just tooooo funny! And working overtime? Pullleeeeeaase! You know most pioneers couldn't make it in the real world and that's why they pioneer. Because it gives them a sense of being somebody when they're really nobodies.

    "That would speed up the work...might even buy TV time and produce slick programs with a free offer for home bible study."

    WTS already has enough money to do this if they wanted to but they prefer to waste people's time by making them knock doors.

    Keep posting. So many non-witnesses come to this board and get to see real life witnesses and how they think. It's so funny because already four people who were studying have stopped their studying after reading - not apostates posts - but You Know's. And you're almost as bad as him. Hahahahahahah!

  • MadApostate
    MadApostate

    Here is a sample DNC letter:

    ..................................
    ..................................

    October 1, 2001

    Bushkill, New York Congregation of Jehovah's Witnesses
    648 Gehenna Avenue
    Bushkill, NY 29999

    Dear Sirs:

    Please notify all members of your organization that they are not permitted entry onto our private residential property for any purpose relating to the Jehovah's Witnesses religion or the Watchtower Bible and Tract Society.

    Our private residence is located at:

    ______________________________

    ______________________________

    Hereafter, if any member of your organization "trespasses" on our property, they will be criminally and civilly prosecuted.

    Respectfully,

    Mr. John Baptist _________________

    Mrs. Jolene Baptist _______________

    cc: Watchtower Bible and Tract Society
    25 Columbia Heights
    Brooklyn, NY 11201-2483

  • nicolaou
    nicolaou

    MadApostate

    I have tried and tried to open the link you posted but without success - is it correct?

    Nic'

    . http://jw.escape.to

Share this

Google+
Pinterest
Reddit