(Rom 13:1) “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God.”
Sometime ago my soul-winning partner and I were knocking on doors when I noticed a gentleman watching us about thirty feet away. As we continued witnessing, he came and politely told us that he was a member of the HOA board and that we were not allowed to solicit in the community. We politely informed him that we were not soliciting and went on to the next door.
Apparently, that did not sit well with him. He asked in a stern voice, “Are you guys still continuing?” After leaving the door we were at, we explained exactly what we were doing. We showed him the tracts and the clipboard and explained to him that we were not soliciting. He then gave us two choices: we can either leave or have police come in two minutes.
By that time we only had one more door to knock on to complete our map. We knocked on that door and met Ryan, a retired law enforcement officer and a professed Christian. We had a twenty minute conversation with Ryan while the HOA board member stood in the distance on his cellular phone. He was there for about ten minutes.
That encounter caused me to wonder, what are the legal rights we have as Christians?
First, Christians have the legal right to proselytize. Christians may go into a community to hand out tracts, knock on doors, and engage the occupants in conversation. The only limitation to this right is in cases where there is a clearly posted “No Trespassing” or “No Entry” sign.
Second, Christians have the legal right go to someone’s home and distribute literature. The only limitation to this right is in cases where there is a clearly posted “No Trespassing” or “No Entry” sign as well.
We have the legal right to preach the gospel. The gospel is offensive by nature, but speech is not prohibited just because it is offensive.
Note: if there is a clearly posted “No Soliciting” sign in the community or on someone’s home, you still have the legal right to go to that home. We are not soliciting but proselytizing. More important than our legal rights, however, is protecting the cause of Christ, your testimony, and your Church’s testimony in the community. If someone is being rude and nasty it would be best to just move on to the next home and avoid engaging in feuds or arguments.
By the way, the local police never showed up that night.
(Rom 14:16) “Let not then your good be evil spoken of:”
THE LEGAL RIGHTS OF A CHRISTIAN
A Christian has powerful legal rights to preach or talk to individuals or groups in streets, parks or any other public place. Witnessing and gospel tract distribution are protected activities controlled by the First Amendment and by public forum and other case law.
Christians who hand out free gospel tracts are always considered by the Courts to be distributors, not solicitors (although even soliciting is a protected right – see 3. below). However, anti-religious sentiment in a community or ignorance of the law may lead to threats of legal action against soulwinners. Do not be intimidated by such threats, but in the interest of maintaining a good testimony don’t argue – just move on and seek a less hostile area for soulwinning.
Some Relevant Legal Rulings:
- Hague v. C.I.O., 307 U.S. 496 (1939)
The U.S. Supreme Court ruled that citizens have a “guaranteed access” to streets, parks and other “traditional public forums”. The privilege must not, in the guise of regulation, be abridged or denied. Mere inconvenience to the government (any state, city or local government) does not outweigh free speech interests.
(Note: Unless a clearly posted “No Entry” or “No Trespassing” sign bars access to private property, and wherever the public may freely enter or freely talk about football, the weather, or anything else, you may freely talk about Jesus Christ.)
- Cantwell v. Connecticut, 310 U.S. 296 (1940)
Speech may not be prohibited merely because it offends some hearers.
- Martin v. Struthers, 319 U.S. 141 (1943)
Citizens have a constitutional right to solicit or canvass (ask for something) by making personal visits to homes. This right to communication is more important than the homeowner’s right to be left alone.
(But do not enter properties clearly posted with No Entry or No Trespassing signs).
- Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974)
Every man has an undoubted right to lay what sentiments (views) he pleases before the public: to forbid this is to destroy the freedom of the press.
- Watchtower Bible & Tract Society of N.Y. v. Village of Stratton (2002)
This ruling upholds the right to engage in door-to-door advocacy, religious proselytizing and anonymous political speech, and distribution of handbills.
