Watchtower Bible & Tract Soc. of N. Y., Inc. v. Village of Stratton, 536 U.S. 150, 29 (2002)

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178

WATCHTOWER BIBLE & TRACT SOC. OF N. Y., INC. v. VILLAGE OF STRATTON

Rehnquist, C. J., dissenting

signs and engage in burglaries and violent crimes just as easily as commercial canvassers can. See Martin, 319 U. S., at 144 (canvassers, "whether selling pots or distributing leaflets, may lessen the peaceful enjoyment of a home" and "sp[y] out" homes for burglaries (emphasis added)). Stratton's ordinance is thus narrowly tailored. It applies to everyone who poses the risks associated with door-to-door canvassing, i. e., it applies to everyone who canvasses door-to-door. The Court takes what should be a virtue of the ordinance—that it is content neutral, cf. 44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484, 501 (1996) ("[O]ur commercial speech cases have recognized the dangers that attend governmental attempts to single out certain messages for suppression")—and turns it into a vice.

The next question is whether the ordinance serves the important interests of protecting privacy and preventing fraud and crime. With respect to the interest in protecting privacy, the Court concludes that "[t]he annoyance caused by an uninvited knock on the front door is the same whether or not the visitor is armed with a permit." Ante, at 168-169. True, but that misses the key point: The permit requirement results in fewer uninvited knocks. Those who have complied with the permit requirement are less likely to visit residences with no trespassing signs, as it is much easier for the authorities to track them down.

The Court also fails to grasp how the permit requirement serves Stratton's interest in preventing crime.2 We have approved of permit requirements for those engaging in protected First Amendment activity because of a commonsense recognition that their existence both deters and helps detect wrongdoing. See, e. g., Thomas v. Chicago Park Dist., 534

2 It is sufficient that the ordinance serves the important interest of protecting residents' privacy. A law need only serve a governmental interest. Because the Court's treatment of Stratton's interest in preventing crime gives short shrift to Stratton's attempt to deal with a very serious problem, I address that issue as well.

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