Cite as: 504 U. S. 191 (1992)
Stevens, J., dissenting
In this case the same is true: Tennessee's differential treatment of campaign speech furthers no asserted state interest. Access to, and order around, the polls would be just as threatened by the congregation of citizens concerned about a local environmental issue not on the ballot as by the congregation of citizens urging election of their favored candidate. Similarly, assuming that disorder immediately outside the polling place could lead to the commission of errors or the perpetration of fraud, such disorder could just as easily be caused by a religious dispute sparked by a colporteur as by a campaign-related dispute sparked by a campaign worker. In short, Tennessee has failed to point to any legitimate interest that would justify its selective regulation of campaign-related expression.
III
Although the plurality purports to apply "exacting scrutiny," its three marked departures from that familiar standard may have greater significance for the future than its precise holding about campaign-free zones. First, the plurality declines to take a hard look at whether a state law is in fact "necessary." Under the plurality's analysis, a State need not demonstrate that contemporary demands compel its regulation of protected expression; it need only show that that regulation can be traced to a longstanding tradition.5
Second, citing Munro v. Socialist Workers Party, 479 U. S. 189 (1986), the plurality lightens the State's burden of proof in showing that a restriction on speech is "narrowly tai-5 The plurality emphasizes that this case "force[s] us to reconcile our commitment to free speech with our commitment to other constitutional rights." Ante, at 198 (citing Sheppard v. Maxwell, 384 U. S. 333, 361-363 (1966)). Although I agree with the plurality on this matter, this characterization of the controversy does not compel (or even indicate) deference to tradition. Indeed in Sheppard itself, the Court did not defer to tradition or established practices, but rather imposed on "appellate tribunals . . . the duty to make an independent evaluation of the circumstances" of every case. Id., at 362.
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