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Defending and Legally Establishing the Good News

¹ The booklet by this name was released following the Theocracy’s Increase Assembly of Jehovah’s Witnesses in 1950. It outlines the procedure when an arrest occurs and a trial ensues. It also contains a Memorandum of Law showing that the courts have held the placing of literature, either from door to door or upon the streets by Jehovah’s witnesses, and the acceptance of contributions therefor to be legal, and that authorities cannot require the paying of a tax for that privilege on the theory that the work comes under commercial laws regulating hawking, selling, peddling, soliciting, etc. The Supreme Court of the United States, according to one decision, said, rather, that our work is ‘missionary evangelism,’ protected by the state and federal constitutions guaranteeing freedom of speech, press and worship.

² But what if some overly zealous police officer, either on his own initiative or on complaint of a householder, states that you cannot continue your work? He may be unfamiliar with the fact that our work has been legally approved by the courts, so it would not be proper to take a belligerent attitude and retort that you are going to continue your work whether he likes it or not. Rather, tell him you are a minister of Jehovah’s witnesses, showing him your identification card provided by the congregation servant, and inform him that your work of preaching the gospel and accepting free-will contributions for the religious literature has been approved by state and federal courts. You can agree to go with him to police headquarters to discuss the matter with his superior officer. Usually the policeman will be satisfied and tell you to go ahead with your work.

³ If he insists that you desist or he will arrest you, and places you under arrest, you can explain at police headquarters that you were not selling anything but preaching the gospel as a minister and merely accepting a nominal contribution toward the work to cover the bare cost of the literature. By reference to the above-mentioned legal booklet (a copy of which should be in each theocratic ministry library) you should be familiar with court opinions that have been rendered on various subjects, especially in your state, so as to be able to speak with some knowledge on the matter. If you are told that there is an ordinance prohibiting your work, ask for a copy of it and send it to the Society along with complete details, including the names of the chief of police and the city attorney, so counsel can be given and appropriate letters written.

⁴ Should you ignore “No Solicitors” signs? It should be remembered that our work is not commercial. Accordingly we conclude that the sign just does not have any application to our gospel preaching. We do not solicit funds. We leave with people life-giving information for which they may make free-will contributions.

⁵ You may be refused entrance into an apartment building or trailer court. This is not at all unusual. Often there may be a doorman or an elevator operator blocking your entrance. If there is no way at all to make personal calls, you may be able to make a list of the tenants and apartment numbers and write to the occupants. If there is no one on duty, then go ahead with the work in the usual way. If, while you are in a place, the superintendent or manager asks you to leave, identify yourself and explain tactfully and kindly that you are in the ministry and doing good for the tenants. If he insists that you leave, comply with his request without making a ‘scene’ and try to return from time to time until the place is covered completely. There are some apartment building owners who have incorporated in their leases stipulation that allows them to determine who shall or shall not call on the tenants. If the tenants are willing to let their landlords make such important decisions for them, they place themselves under the “community responsibility” rule and we shall not insist on making calls on them; in fact, we are legally barred from doing so. Some may be contacted when we engage in street magazine activity.

⁶ The courts have held that laws allowing door-to-door and street preaching by Jehovah’s witnesses, only upon permit from some official, are unconstitutional. There are still many communities, however, that insist that we comply with registration and permit ordinances. In each instance we could insist on our right and force the matter into the courts. Present world conditions being as they are, where the police are hard pressed to provide protection to citizens, we could conceivably lose such a court case. So we will agree to comply when town authorities request that we comply with such ordinances but only if there is no fee involved. However, this does not mean that we will voluntarily offer to comply with permit ordinances, because most officials agree it is not required that we do so.

⁷ Occasionally the so-called “Green River” ordinance is encountered. This ordinance is designed to prevent commercial salesmen from making calls at homes of people without a previous invitation. It has no application to our work. When request is made that you comply with such an ordinance, as above indicated, write to the Watchtower Society all the details, sending a copy of the ordinance and names and addresses of the police chief and city attorney.

⁸ When will you be confronted with such circumstances? Will you be prepared? Perhaps situations mentioned herein can be developed at one of your locally arranged service meetings.