Watchtower Bible and Tract Society of New York, Inc. v. J. W., a Minor

For decades this Court has safeguarded the First Amendment rights of freedom of religion, speech, and press from state infringement. Jehovah’s Witnesses again find their First Amendment rights under attack and again seek protection. Here, Petitioner Watchtower sought to protect confidential, intra-faith communications among clergy (elders) regarding Bible-based religious appointment processes, some of which included congregants’ penitential confessions and all of which impacted privacy rights of non-parties. California targeted the faith of Jehovah’s Witnesses and impermissibly intruded upon matters of church governance, religious doctrine, and religious practice when it ordered Watchtower to produce these intra-faith communications. Without a trial, California imposed on Watchtower an unprecedented theory of liability for a congregant’s criminal conduct during nonchurch activity (a Saturday afternoon pool party at a private home). The questions presented are:

1. Did California violate the First and Fourteenth Amendments when it held the former national offices of Jehovah’s Witnesses (Watchtower) responsible for the criminal act of a congregant during non-church activity?

2. Did California violate the First and Fourteenth Amendments when it ordered Watchtower to produce intra-faith communications regarding