Incident
United States: Supreme Court strikes down a Georgia city's permit requirement for distributing literature, 1938
United StatesRSF 2026 rank: 64th of 180
- Prior restraint
- Stage Silence
- Reversed
The city of Griffin, Georgia, required written permission from the city manager before anyone could distribute pamphlets, circulars or magazines within its limits, treating unlicensed distribution as a punishable nuisance. Alma Lovell was convicted and sentenced to imprisonment for distributing religious literature without a permit, and the Supreme Court of the United States reversed her conviction in 1938, ruling that the ordinance was invalid on its face.123
What happened
The city of Griffin, Georgia, adopted an ordinance making it a punishable nuisance to distribute circulars, handbooks, advertising or literature of any kind, whether given away or sold, anywhere in the city without first obtaining written permission from the city manager. Alma Lovell, a distributor of religious literature, was convicted in the city's recorder's court for distributing a pamphlet and a magazine called the Golden Age without such permission, and was sentenced to imprisonment for fifty days in default of paying a $50 fine. Georgia's courts upheld the conviction, and Lovell appealed to the Supreme Court of the United States. The Court heard argument on February 4, 1938, and decided the case on March 28, 1938. Chief Justice Charles Evans Hughes, writing for the Court, held that the ordinance was invalid on its face because "its character is such that it strikes at the very foundation of the freedom of the press by subjecting it to license and censorship." The Court reversed Lovell's conviction and returned the case for further proceedings consistent with its opinion.1425637
What reason was given
Stated justificationThe city's ordinance itself supplied the only stated reason for the permit requirement, describing unlicensed distribution of literature as a nuisance punishable as an offense against the city.1425637
What changed for reporting
Chief Justice Hughes wrote that "its character is such that it strikes at the very foundation of the freedom of the press by subjecting it to license and censorship."457
Timeline
1938
Who acted
| Name | Role in this incident | Office at the time |
|---|---|---|
| Charles Evans Hughes | ruled | Chief Justice of the United States |
Outlets and journalists
| Name | Kind | Relation |
|---|---|---|
| The Golden Age | outlet | affected |
Sources
Claims and evidence
Each numbered claim quotes the source it rests on.
- The Supreme Court heard argument in Lovell's case on February 4, 1938, and decided it on March 28, 1938.
Argued and Submitted Feb. 4, 1938. Decided March 28, 1938.
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 899, checked 2026-09-26. - Griffin's ordinance made it a punishable nuisance to distribute literature of any kind in the city without first obtaining written permission from the city manager.
without first obtaining written permission from the City Manager of the City of Griffin, such practice shall be deemed a nuisance, and punishable as an offense against the City of Griffin.
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 901, checked 2026-09-26. - The First Amendment Encyclopedia describes the case as invalidating the conviction of a Jehovah's Witness who sold a religious pamphlet and magazine without the city manager's permission.
invalidated the conviction of a Jehovah's Witness who sold a religious pamphlet and magazine in violation of a local ordinance requiring prior permission from the city manager.
Lovell v. City of Griffin (1938), Lovell v. City of Griffin (1938), 2009.Claim 904, checked 2026-09-26. - Alma Lovell was convicted in the Griffin, Georgia recorder's court and sentenced to fifty days in jail in default of a $50 fine for distributing literature without a permit.
Appellant, Alma Lovell, was convicted in the recorder's court of the City of Griffin, Ga., of the violation of a city ordinance and was sentenced to imprisonment for fifty days in default of the payment of a fine of $50.
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 900, checked 2026-09-26. - Chief Justice Charles Evans Hughes wrote that "its character is such that it strikes at the very foundation of the freedom of the press by subjecting it to license and censorship."
its character is such that it strikes at the very foundation of the freedom of the press by subjecting it to license and censorship.
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 902, checked 2026-09-26. - The Supreme Court reversed Lovell's conviction and sent the case back for further proceedings.
The judgment is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 903, checked 2026-09-26. - Lovell was convicted for distributing a pamphlet and a magazine called the Golden Age.
The evidence against appellant was that she distributed a certain pamphlet and a magazine called the 'Golden Age.'
Lovell v. City of Griffin, 303 U.S. 444 (1938), Lovell v. City of Griffin, 303 U.S. 444 (1938), 1938-03-28.Claim 905, checked 2026-09-26.