Lovell v. Griffin

Rule of Law:

A municipal ordinance that prohibits the distribution of literature of any kind without first obtaining permission from a city official, who has unlimited discretion to grant or deny the permit, is an unconstitutional prior restraint on the freedom of the press under the First and Fourteenth Amendments.

Facts:

• The City of Griffin, Georgia, enacted an ordinance making it a nuisance to distribute any 'circulars, handbooks, advertising, or literature of any kind' without first getting written permission from the City Manager.
• Alma Lovell was a Jehovah's Witness who considered herself 'sent by Jehovah to do His work.'
• Lovell distributed religious pamphlets and magazines within the City of Griffin.
• Lovell did not apply for or obtain a permit, believing that doing so would be an act of disobedience to God's commandment.
• The distributed literature was not alleged to be obscene, offensive, or advocating for unlawful conduct.

Procedural Posture:

• Alma Lovell was convicted in the Recorder's Court of the City of Griffin for violating the ordinance.
• The Superior Court of Spalding County refused to sanction her petition for review.
• Lovell (appellant) appealed to the Court of Appeals of Georgia, which affirmed the lower court's judgment, upholding the ordinance.
• The Supreme Court of Georgia denied Lovell's application for a writ of certiorari.
• Lovell (appellant) then appealed the decision of the Georgia Court of Appeals to the Supreme Court of the United States.