shall-issue jurisdictions

Congress enacted the Voting Rights Act of 1965 to address the long-standing problem of racial discrimination in voting that had persisted in parts of the country for nearly a century. Prior civil rights acts from 1957, 1960, and 1964 had proven largely ineffective because case-by-case litigation was slow, expensive, and inadequate to overcome widespread and persistent discrimination. South Carolina filed an original bill of complaint in the Supreme Court seeking a declaration that selected provisions of the Act were invalid and an injunction against enforcement by the Attorney General. The case proceeded on original jurisdiction under Article III, Section 2, after the Court dispensed with a special master and expedited the hearing due to South Carolina's desire for a ruling before its June 1966 primary elections. The Act's coverage formula applied to any state or political subdivision that maintained a test or device on November 1, 1964, and where less than 50 percent of voting-age residents were registered or voted in the 1964 presidential election. South Carolina was brought within the formula on August 7, 1965, along with Alabama, Georgia, Louisiana, Mississippi, Virginia, twenty-six counties in North Carolina, and one county in Arizona. The challenged provisions included the suspension of literacy tests and similar devices under section 4(a), the preclearance requirement for new voting rules under section 5, and the authorization for the Attorney General to appoint federal examiners under section 6(b). South Carolina had altered its voting laws in 1965 to extend polling hours from 6 p.m. to 7 p.m. but had not submitted the change for federal review. The Court invited all states to participate as amici curiae, several of which submitted briefs or argued orally.

On October 29, 1958, at approximately 5:45 a.m., thirteen Chicago police officers entered the apartment of James Monroe and his family without a search warrant or arrest warrant. The officers roused the Monroes from bed using flashlights and forced them at gunpoint to stand naked in the living room while ransacking every room, emptying drawers, and ripping mattress covers. Detective Pape struck Mr. Monroe several times with his flashlight and called him "nigger" and "black boy." Other officers hit and kicked several of the children and pushed them to the floor. Mr. Monroe was then taken to the police station and detained on open charges for ten hours. During this period he was interrogated about a murder, exhibited in lineups, and not permitted to call his family or attorney, although he was not brought before a magistrate despite their availability. He was released without any criminal charges being filed against him. The complaint alleged that these actions occurred under color of the statutes, ordinances, regulations, customs, and usages of Illinois and Chicago, and that the City had no rules or controls over its police officers, permitting them to act without restraint. The Monroes claimed deprivations of rights under the Fourth and Fourteenth Amendments and sought compensatory and punitive damages from the officers and the City. The district court dismissed the complaint for failure to state a claim upon which relief could be granted. The Court of Appeals for the Seventh Circuit affirmed the dismissal, and the Supreme Court granted certiorari to review the judgment.

The petitioners Watchtower Bible and Tract Society of New York, Inc. and the Wellsville, Ohio, Congregation of Jehovah's Witnesses filed suit in the United States District Court for the Southern District of Ohio against the Village of Stratton, Ohio, and its mayor. They sought declaratory and injunctive relief under 42 U.S.C. § 1983, claiming that the Village's ordinance regulating door-to-door canvassing infringed their constitutional rights. The District Court conducted a bench trial and upheld the ordinance after imposing some narrowing constructions on its provisions. The Court of Appeals for the Sixth Circuit affirmed the District Court's judgment. The Supreme Court granted certiorari to review the case. The Village of Stratton is a small community in southern Ohio with a population of approximately 280 residents. The Village enacted Ordinance No. 1998-5 in 1998, which was later amended, to regulate uninvited peddling and solicitation on private property. The ordinance requires any canvasser intending to promote a cause on private property to register with the mayor's office and obtain a solicitation permit without charge. Applicants must provide their name and home address, a description of the purpose, the name of their affiliated organization, the length of time desired, and the specific addresses they intend to visit. Permit holders must carry the permit and exhibit it upon request by police or residents. The ordinance defines canvassing to include going upon private residential property for the purpose of advertising, promoting, selling, or explaining any product, service, organization, or cause. It applies to the activities of Jehovah's Witnesses, who go door to door distributing religious literature without charge and accepting donations. The Village interpreted the ordinance to cover petitioners' ministry even though they do not consider themselves solicitors. Residents may file no-solicitation forms and post signs to prohibit uninvited canvassers, and only 32 residents had done so at the time of trial. Petitioners are a not-for-profit corporation that publishes Bibles and religious periodicals for Jehovah's Witnesses and one of their local congregations supervising about 59 members in the area. They allege that their religion requires them to preach from house to house as commanded in the Bible, and they would not seek a permit because it would insult God. Leaders testified that they honor no-solicitation signs. The mayor testified that the ordinance was designed to protect residents from fraud and con artists, though petitioners introduced evidence suggesting hostility toward their ministry. The District Court credited the mayor's testimony regarding the ordinance's purpose.