Can cities prohibit literature evangelists from going door-to-door distributing religious books or is this activity legally protected?
Our church has a long history of sharing the gospel through literature evangelism ministry reaching back to the beginnings of the Adventist movement. This ministry has gone by different names and may still be referred to by some as colporteuring or canvassing. It involves individuals going door to door to peoples’ homes, outside of shopping centers, or sometimes at parks or other places where they can reach and share the gospel through religious books and magazines. And every year, there are young people in the Lake Union who spend their summers as literature evangelists to witness and earn money. For many, taking part in this ministry not only allows them to witness to others, but as they connect with others and share their faith, it also strengthens the faith of the literature evangelist.
Unfortunately, literature evangelists have faced pushback from time to time in cities that require restrictive permits or enact ordinances that overly burden when, where, or how literature evangelism activities can take place. Because of these restrictions and the negative views of some toward literature evangelism work, individuals have been faced with threats and even arrested at times.
Fortunately, the courts have frequently protected the rights of individuals to share religious literature door-to-door and in public places. The Supreme Court has affirmed the right of individuals to sell religious books and to solicit contributions when it is part of a religious activity. And while cities are allowed to impose certain time, place and manner restrictions those restrictions must meet certain safeguards. For example, city ordinances should be content neutral (meaning they shouldn’t treat religious speech less favorably than non-religious speech). Additionally, an ordinance shouldn’t be so restrictive that its application prevents people from meaningfully expressing themselves, so prohibiting door-to-door evangelism at 5:00 p.m.-- a time when many people are home-- would likely not be seen as reasonable. Requiring a fee to obtain a permit or enacting ordinances where city officials have discretionary authority to allow or refuse individuals the right to share religious information have generally been found to be unconstitutional.
Our church, through its Office of General Counsel, has defended a number of literature evangelists who have faced challenges over the years. Because our church continues to monitor and defend the rights of our literature evangelists, we have been able to continue the work of sharing the gospel in this way that has brought many into the church.
Jennifer Gray Woods is the Lake Union legal counsel, as well as its Public Affairs and Religious Liberty director.
