In the 1945 case Tucker v. Texas, the U.S Supreme Court ruled in favor of a Jehovah's Witness who was convicted for distributing religious literature without a permit in violation of a city ordinance in Texas. The court held that this conviction violated his First Amendment rights to freedom of speech and religion. This decision reaffirmed earlier rulings by the Supreme Court which established that door-to-door solicitation and distribution of religious materials are protected activities under the First Amendment, regardless if they are done with or without prior consent from local authorities. Therefore, any law or regulation requiring permits for such activities is unconstitutional as it infringes upon these fundamental freedoms.

The dissenting opinion in the Tucker v. Texas case argued that the majority's decision was a violation of religious freedom, as protected by the First Amendment. The dissenters believed that requiring Jehovah’s Witnesses to obtain permits before distributing their literature on city streets infringed upon their constitutional rights. They contended that such an ordinance should not be used to suppress or control religious activities unless they pose a clear and present danger to public safety, peace, or order - which was not proven in this case. Furthermore, they asserted that it is unconstitutional for government officials to have discretionary power over whether certain religions can disseminate their beliefs publicly because it could lead to favoritism or discrimination based on personal biases. Therefore, according to them, the permit requirement was both unnecessary and unjustified.