In the 1942 case of Murdock v. Pennsylvania (City of Jeannette), the U.S Supreme Court ruled that a city ordinance requiring door-to-door salespeople, including religious proselytizers, to purchase a solicitation license was unconstitutional. The court held that this licensing requirement violated the First Amendment rights of Jehovah's Witnesses who were going door-to-door to distribute literature and solicit donations. The majority opinion stated that spreading one’s religious beliefs or distributing religious materials is an integral part of many religions and thus should be protected under freedom of religion clauses in the Constitution. Therefore, imposing a tax on such activities would amount to taxing someone for exercising their constitutionally protected right which is not permissible.

In the dissenting opinion for Murdock v. Pennsylvania (City of Jeannette), Justice Frankfurter argued that the ordinance in question was not a tax on religious exercise but rather a fee to regulate solicitation, which is within the city's power. He emphasized that it was not designed to suppress or restrict Jehovah’s Witnesses' activities but aimed at protecting residents from unwanted intrusions into their homes. The fee did not discriminate against any particular group and applied equally to all who wished to solicit door-to-door, regardless of purpose - commercial, charitable or otherwise. Therefore, he believed it should be upheld as constitutional under police powers granted by state law for maintaining public order and safety.