Do Not Knock: CLA Stands for Your Right to Tell Others About Jesus

A new type of ordinance is gaining popularity in some communities across America as more and more citizens just want to be left alone in their homes. Churches and soul winners need to be aware of this new attempt to limit door-to-door witnessing along public streets so they can prevent their communities from enacting such laws and become aware of any current laws already enacted in some communities. These new laws are referred to as "Do Not Knock" laws. They are intended to develop community "Do Not Knock" lists that mimic telephone solicitation "Do Not Call" lists.

Constitutional Safeguards Needed

These ordinances provide for a "Do Not Knock" list that enables city residents to avoid peddlers and solicitors at their homes. It is important to realize, however, that these ordinances must provide constitutional safeguards exempting free speech activities such as religious door knocking, which is a protected First Amendment activity along public streets. Therefore, in order to be constitutional, the Do Not Knock ordinances should be applied only to commercial peddlers and solicitors. These laws should always include the following constitutional safeguards:

 
1. They should exempt religious or political groups, which are protected constitutionally from any requirement to obtain permits or advance permission to go door-to-door along public streets by the United States Supreme Court in the 2002 case of Watchtower vs. Village of Stratton.
 
2. They should include a requirement for homeowners who put themselves on the list to also place a sticker or decal at their front door to alert everyone that they are on the list. A decal on an individual front door would then alert soul winners that they should bypass this particular home and should not knock at that door. This sort of decal would be the same thing as a homeowner placing a "no solicitation" sign at his own front door. CLA has always advised soul winners to bypass houses with "no solicitation" signs at individual doors. Homeowners who use "no solicitation" signs at their individual door are publicly indicating they do not want anyone to knock for any reason. Ignoring these signs could lead to an arrest for trespass. You would be well advised to bypass these homes. These are the people who are going to complain about your presence, and often times will not be open to your message.
 
3. These Ordinances must also provide a means of removing a home from the list should it be sold or should the homeowner change his mind. A new homeowner might not even be aware of the home's presence on the list. Every new homeowner must be provided with the opportunity to exercise his own First Amendment right to receive certain materials at his door, should he desire to do so. The First Amendment protects the right of homeowners to receive material at their door, as well as the right of protected canvassers or distributors to provide it.

Local Examples

One city in New Jersey enacted a "Do Not Knock" ordinance which was constitutional because it explicitly targeted only commercial speech, not the free speech of religious and political groups protected by the First Amendment. A report on this ordinance specifically states that this "law explicitly targets businesses and not religious and charity groups, especially since a 2002 U.S. Supreme Court decision struck down laws that barred religious groups, charities and politicians from door-to-door solicitation because it violated the first amendment." The case being referred to is the case of Watchtower v. Stratton, a United States Supreme Court case which specifically protects the constitutional right of religious speakers to visit door-to-door along public streets.
 
In one Ohio town, homeowners who join the "Do Not Knock" Registry get a free sticker to display in a door or window of their home, so that solicitors are advised this address is on the registry list. As in New Jersey, this Ohio law exempts charities. The city advises homeowners that if there are certain charities they wish to exclude from their door, they should contact those charities directly to make their wishes known. CLA has always advised that soul winners should respect any Do No Knock or No Solicitation sign placed at an individual door, whether that home is on a Do Not Knock registry list or not.
 
Another Ohio city's "Do Not Knock" law correctly exempts constitutionally protected free speech and encourages homeowners to place no trespassing, no solicitation or similar signs at their individual door if they generally do not want to be disturbed by visitors, peddlers or solicitors of any kind. With an individual sign, a homeowner may even specify which types of solicitors he would welcome. For instance, an individual homeowner might welcome political speech but not commercial or religious speech at his door. There is no way for the city to make such distinctions for each individual homeowner. That is the responsibility of the individual householder. CLA has always advised soul winners who knock on doors to honor the request of the homeowner with such signs.
 
This Ohio city's "Do Not Knock" ordinance also properly addresses the important issue of how and when an address will be removed from the registry. The ordinance provides for removal whenever ...
   

 
• the City is properly notified of a homeowner's desire to be removed from the list, or
 
• the City receives notice that the homeowner no longer resides at that address, or
 
• the expiration of five (5) calendar years from the date of registration.

The Supreme Court

It is very encouraging that the 2002 U.S. Supreme Court case of Watchtower v. Village of Stratton, 122 S.Ct. 2080 (U.S. 2002), reaffirmed nearly one hundred years of case law protecting the right of Christians to go door-to-door witnessing, talking with householders who wish to speak with them, and distributing free Christian literature. This was the overwhelming decision of eight of the nine Supreme Court Justices who upheld the First Amendment right to free speech and the protected the age-old custom of door-to-door missionary evangelism in America.

In fact, the Court's decision specifically discussed the Scriptural duty of Christian soul winners to canvass door-to-door. The Justices noted that the motivation for Christian witnessing is (1) a response to God's command in Mark 16:15 to "Go ye into all the world, and preach the gospel to every creature;" and (2) an extension of the Biblical example of Paul who taught publicly and from house to house in Acts 20:20.

The Supreme Court's decision emphasized the value of religious free speech by referring to its earlier 1943 decision in Murdock v. Pennsylvania. In that case, the Court had specifically said that religious tracts are valued speech in America and that the distribution of tracts is a form of religious activity that "occupies the same high estate under the First Amendment as do worship in the churches and preaching from the pulpits."

Help Is Available

Should your community be contemplating enacting this type of "Do Not Knock" ordinance, citizens should be sure that all constitutional safeguards are in place and that religious speech is exempted. If you are visiting door-to-door and are told that such an ordinance exists in that city, you should ask to see a copy of the ordinance to make sure it is constitutional. If you continue to encounter difficulties with such ordinances, please contact our CLA office for assistance.