Lovell v. City of Griffin (1938)

Facts:
In Griffin, Georgia, a town ordinance required written permission from the city manager to distribute "circulars, handbills, advertising, or literature of any kind" within the city. Alma Lovell, a member of the Jehovah's Witnesses sect, distributed religious literature and refused to seek a permit from the city. She was fined $50, and when she refused to pay, she was sentenced to 50 days in jail. The Georgia Supreme Court affirmed her conviction.

Substantive Issues:

1. Is the Griffin ordinance void for overbreadth?
2. Is the ordinance unconstitutional as a prior restraint?
3. Can a person ignore a law he/she believes to be unconstitutional?

USSC Ruling: Conviction reversed 8-0

Reasoning: C.J. Hughes wrote for the Court:

• The ordinance is void for overbreadth because it covered all literature and gave no guidelines to the city manager.
• The ordinance is an unconstitutional prior restraint on speech and press because it subjects the press to licensing by the government.
• If a law is facially invalid, a person may ignore it. In doing so, he/she runs the risk that a judge may find the law not facially invalid.