Largent v. Texas

Background

Mrs. Largent, an ordained member of the Watch Tower Bible and Tract Society, was distributing religious books and tracts door to door in the residence part of Paris, Texas. The city had an ordinance making it illegal to solicit or sell books in that area without first filing an application and obtaining a permit from the mayor, who could issue one only if he “deems it proper or advisable” after investigation. Mrs. Largent was arrested, convicted in the local court, tried de novo in the county court, fined $100, and argued the ordinance violated the Fourteenth Amendment.

Reasoning

The Court focused on the ordinance’s vital feature: the mayor’s unchecked discretion to approve or deny permits after an investigation. The Justices said that leaving the right to distribute ideas to an official’s approval is a form of administrative censorship. The Court explained it was unnecessary to decide whether the activity was a sale or a charitable acceptance of contributions. Because the ordinance allowed official control over who could spread religious publications, it abridged freedoms of religion, of the press, and of speech guaranteed by the Fourteenth Amendment, and the conviction was reversed.

Real world impact

The decision protects people and religious groups who distribute books and pamphlets door to door from being required to obtain discretionary approval from a city official. Municipal rules that let local officers decide, without standards, who may distribute religious literature are invalidated in this context. The ruling reversed Mrs. Largent’s conviction and prevents enforcement of the ordinance as written.