Burson v. Freeman, 504 U.S. 191, 2 (1992)

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192

BURSON v. FREEMAN

Syllabus

does not significantly impinge on constitutionally protected rights. Munro v. Socialist Workers Party, 479 U. S. 189, 195-196. Section 2-7- 111(b)'s minor geographical limitation does not constitute such a signifi-cant impingement. While it is possible that at some measurable distance from the polls governmental regulation of vote solicitation could effectively become an impermissible burden on the First Amendment, Tennessee, in establishing its 100-foot boundary, is on the constitutional side of the line. Pp. 198-211.

Justice Scalia concluded that § 2-7-111 is constitutional because it is a reasonable, viewpoint-neutral regulation of a nonpublic forum. The environs of a polling place, including adjacent streets and sidewalks, have traditionally not been devoted to assembly and debate and therefore do not constitute a traditional public forum. Cf. Greer v. Spock, 424 U. S. 828. Thus, speech restrictions such as those in § 2-7-111 need not be subjected to "exacting scrutiny" analysis. Pp. 214-216.

Blackmun, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and White and Kennedy, JJ., joined. Kennedy, J., filed a concurring opinion, post, p. 211. Scalia, J., filed an opinion concurring in the judgment, post, p. 214. Stevens, J., filed a dissenting opinion, in which O'Connor and Souter, JJ., joined, post, p. 217. Thomas, J., took no part in the consideration or decision of the case.

Charles W. Burson, Attorney General of Tennessee, petitioner, argued the cause, pro se. With him on the briefs were John Knox Walkup, Solicitor General, and Andy D. Bennett and Michael W. Catalano, Deputy Attorneys General.

John E. Herbison argued the cause for respondent. With him on the brief was Alan B. Morrison.*

*Briefs of amici curiae urging reversal were filed for the State of Arizona et al. by Kenneth O. Eikenberry, Attorney General of Washington, and James M. Johnson, Senior Assistant Attorney General, and by the Attorneys General for their respective States as follows: Grant Woods of Arizona, Gail Norton of Colorado, Richard Blumenthal of Connecticut, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, Warren Price III of Hawaii, Roland W. Burris of Illinois, Linley E. Pearson of Indiana, Bonnie J. Campbell of Iowa, Frederic J. Cowan of Kentucky, Michael E. Carpenter of Maine, Scott Harshbarger of Massachusetts, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, William L. Webster of Missouri, Marc Racicot of Montana, Frankie Sue Del Papa of

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