Parties: Schaumburg v. Citizens for Better Env't
Date: 1980-02-20
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Paragraph: 18 - Although Cantwell turned on the free exercise clause, the Court has subsequently understood Cantwell to have implied that soliciting funds involves interests protected by the First Amendment's guarantee of freedom of speech.
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Paragraph: 46 - In Breard v. Alexandria, 341 U.S. 622, 71 S.Ct. 920, 95 L.Ed. 1233 (1951), for example, the Court upheld an ordinance prohibiting "solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise" from entering private property without permission. The petitioner in Breard had been going door to door soliciting subscriptions for magazines. Despite petitioner's invocation of both freedom of speech and freedom of the press, the Court distinguished the "commercial feature" of the transactions from their informational overtone.
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Paragraph: 19 - Addressing the question left open in Schneider, the Court recognized that while municipalities may not unduly restrict the right of communicating information in the public streets, N157* "the Constitution imposes no such restraint on government as respects purely commercial advertising." 316 U.S., at 54, 62 S.Ct., at 921. The Court reasoned that unlike speech "communicating information and disseminating opinion" commercial advertising implicated only the solicitor's interest in pursuing "a gainful occupation."
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Paragraph: 18 - Although Cantwell turned on the free exercise clause, the Court has subsequently understood Cantwell to have implied that soliciting funds involves interests protected by the First Amendment's guarantee of freedom of speech.
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Paragraph: 27 - The issue before us, then, is not whether charitable solicitations in residential neighborhoods are within the protections of the First Amendment. It is clear that they are. N118* "[O]ur cases long have protected speech even though it is in the form of . . . a solicitation to pay or contribute money,
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Paragraph: 38 - The 75-percent requirement in the village ordinance plainly is insufficiently related to the governmental interests asserted in its support to justify its interference with protected speech. N119* "Frauds may be denounced as offenses and punished by law. Trespasses may similarly be forbidden. If it is said that these means are less efficient and convenient than . . . [deciding in advance] what information may be disseminated from house to house, and who may impart the information, the answer is that considerations of this sort do not empower a municipality to abridge freedom of speech and press."
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