Question on unauthorized trespassing on residential property

sudden valley gunner said:

There has been if I remember correctly Washington and 9th circuit decisions that those laws violate free speech. Especially religions, but even 'commercial free speech'. And that an open driveway and sidewalk is an implied invitation.

Although I think they still can require permits for commercial but not religious or political. Unless the homeowner specifically puts a "No Solicitation" sign on his property. The government can't interfere in the exchange of free speech.

An interesting case on the political religious side is Stratton Ohio vs. Jehovah Witnesses.

Justice John Paul Stevens

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The city ordinance specifically allows religious and charitable solicitation but prohibits Commercial solicitations. Apparently the courts have found that extending commercial activities to residential areas by going door to door does not fall under the 1st amendment in the same manner as religious or charitable solicitations do.

The only reason I can figure they allow Cable TV solicitations, but even those are limited to specific promotion periods, is that the City grants the Cable companies a franchise. Might be hard to defend a prohibition against them when they first gave them the right to solicit business.

amlevin said:

The city ordinance specifically allows religious and charitable solicitation but prohibits Commercial solicitations. Apparently the courts have found that extending commercial activities to residential areas by going door to door does not fall under the 1st amendment in the same manner as religious or charitable solicitations do.

The only reason I can figure they allow Cable TV solicitations, but even those are limited to specific promotion periods, is that the City grants the Cable companies a franchise. Might be hard to defend a prohibition against them when they first gave them the right to solicit business.

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This is were Google failed me (or more than Likely I failed at my google searche) I read just the other day a Washington Supreme court decision were commercial free speech can't be stopped either, but that municipalities can require permits. Of course when I can't provide a cite that's just all hearsay, and your research might have turned up something that ruled mine null and void.

Ok found it it wasn't a Washington court decision it was a 9th, and it has been sometime SCOTUS, may have ruled differently.

http://law.justia.com/cases/federal/appellate-courts/F2/942/635/282225/

An injuction by a Federal Judge to Medina. http://www.mrsc.org/govdocs/M43DoorToDoor.pdf (not sure what Medina's code is though, maybe it was too broad at the time)

Citizen said:

"Question on unauthorized trespassing on residential property"

I thought all trespassing was unauthorized. Is there such a thing as authorized trespassing?

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Yeah. Obooba in the White House.

Citizen said:

"Question on unauthorized trespassing on residential property"

I thought all trespassing was unauthorized. Is there such a thing as authorized trespassing?

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Me while working in Oklahoma or California.

Or if you get a court order.