Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton

While joining the Court’s opinion, I write separately to note that the dissent’s “crime prevention” justification for this ordinance is not a.strong one. Cf. post, at 176-180 (opinion of Rehnquist, C.'J.). For one thing, there is no indication that the legislative body that passed the ordinance considered this justification. Stratton did not rely on the rationale in the courts below, see 61 F. Supp. 2d 734, 736 (SD Ohio 1999) (opinion of the District Court describing the *170ordinance as “constructed to protect the Village residents from 'Aim flam’ con artists”); 240 F. 3d 553, 565 (CA6 2001)…