No. 19-40

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

Lower Court: California
Docketed: 2019-07-05
Status: Denied
Type: Paid
Tags: church-governance civil-liability clergy-privilege first-amendment fourteenth-amendment intra-faith-communications religious-doctrine religious-freedom religious-practice
Key Terms:
DueProcess FirstAmendment Privacy HealthPrivacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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 u Bible-based religious appointment processes and thereafter punished Watchtower for protecting the privacy rights of non-parties? 3. Whether the Seventh Amendment’s guarantee of the right of trial by jury is incorporated against the States under the Fourteenth Amendment?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Reply of petitioner Watchtower Bible and Tract Society of New York, Inc. filed.
2019-08-02
Brief of respondent J. W., a Minor in opposition filed.
2019-06-25
Petition for a writ of certiorari filed. (Response due August 5, 2019)

Attorneys

J. W.
Norman PinePine Tillett Pine LLP, Respondent
Norman PinePine Tillett Pine LLP, Respondent
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.
Paul D. Polidoro — Petitioner
Paul D. Polidoro — Petitioner