216
Scalia, J., concurring in judgment
stricted zones often encompassed streets and sidewalks. Thus, the streets and sidewalks around polling places have traditionally not been devoted to assembly and debate.
Nothing in the public forum doctrine or in this Court's precedents warrants disregard of this longstanding tradition. "Streets and sidewalks" are not public forums in all places, see Greer v. Spock, 424 U. S. 828 (1976) (streets and sidewalks on military base are not a public forum), and the long usage of our people demonstrates that the portions of streets and sidewalks adjacent to polling places are not public forums at all times either. This unquestionable tradition could be accommodated, I suppose, by holding laws such as § 2-7-111 to be covered by our doctrine of permissible "time, place, and manner" restrictions upon public forum speech— which doctrine is itself no more than a reflection of our traditions, see Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 45 (1983). The problem with this approach, however, is that it would require some expansion of (or a unique exception to) the "time, place, and manner" doctrine, which does not permit restrictions that are not content neutral (§ 2-7-111 prohibits only electioneering speech). Ibid. It is doctrinally less confusing to acknowledge that the environs of a polling place, on election day, are simply not a "traditional public forum"—which means that they are subject to speech restrictions that are reasonable and viewpoint neutral. Id., at 46.
For the reasons that the plurality believes § 2-7-111 survives exacting scrutiny, ante, at 198-211, I believe it is at least reasonable; and respondent does not contend that it is viewpoint discriminatory. I therefore agree with the judgment of the Court that § 2-7-111 is constitutional.
1890, ch. 231, § 63, 1890 N. J. Laws 361, 397; Act of May 4, 1885, 1885 Ohio Leg. Acts 232, 235; Act of Mar. 28, 1896, ch. 69, § 37, 1896 Utah Laws 183, 208; Act of Apr. 3, 1889, ch. 248, § 36, 1889 Wis. Laws 253, 267.
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