International Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 2 (1992)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 505 U. S. 672 (1992)

Syllabus

for the purposes of expressive activity. See Hague v. Committee for Industrial Organization, 307 U. S. 496, 515. Nor have airport operators opened terminals to such activities, see Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U. S. 788, 802, as evidenced by the operators' frequent and continuing litigation in this area. Pp. 679-681. (c) That speech activities may have historically occurred at "transportation nodes" such as rail and bus stations, wharves, and Ellis Island is not relevant. Many of these sites traditionally have had private ownership. In addition, equating airports with other transportation centers would not take into account differences among the various facilities that may affect the extent to which such facilities can accommodate expressive activity. It is unsurprising to find differences among the facilities. The Port Authority, other airport builders and managers, and the Federal Government all share the view that terminals are dedicated to the facilitation of efficient air travel, not the solicitation of contributions. Pp. 681-683. 2. The Port Authority's ban on solicitation is reasonable. Solicitation may have a disruptive effect on business by slowing the path of both those who must decide whether to contribute and those who must alter their paths to avoid the solicitation. In addition, a solicitor may cause duress by targeting the most vulnerable persons or commit fraud by concealing his affiliation or shortchanging purchasers. The fact that the targets are likely to be on a tight schedule, and thus are unlikely to stop and complain to authorities, compounds the problem. The Port Authority has determined that it can best achieve its legitimate interest in monitoring solicitation activity to assure that travelers are not interfered with unduly by limiting solicitation to the sidewalk areas outside the terminals. That area is frequented by an overwhelming percentage of airport users, making ISKCON's access to the general public quite complete. Moreover, it would be odd to conclude that the regulation is unreasonable when the Port Authority has otherwise assured access to a universally traveled area. While the inconvenience caused by ISKCON may seem small, the Port Authority could reasonably worry that the incremental effects of having one group and then another seek such access could prove quite disruptive. Pp. 683-685. 925 F. 2d 576, affirmed in part.

Rehnquist, C. J., delivered the opinion of the Court, in which White, O'Connor, Scalia, and Thomas, JJ., joined. O'Connor, J., filed a concurring opinion, post, p. 685. Kennedy, J., filed an opinion concurring in the judgment, in Part I of which Blackmun, Stevens, and Souter, JJ., joined, post, p. 693. Souter, J., filed a dissenting opinion, in which Blackmun and Stevens, JJ., joined, post, p. 709.

673

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007