International Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 16 (1992)

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

Opinion of O'Connor, J.

For these reasons, the Port Authority's restrictions on solicitation and leafletting within the airport terminals do not qualify for the strict scrutiny that applies to restriction of speech in public fora. That airports are not public fora, however, does not mean that the government can restrict speech in whatever way it likes. "The Government, even when acting in its proprietary capacity, does not enjoy absolute freedom from First Amendment constraints." Kokinda, supra, at 725 (plurality opinion). For example, in Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, Inc., 482 U. S. 569 (1987), we unanimously struck down a regulation that prohibited "all First Amendment activities" in the Los Angeles International Airport (LAX) without even reaching the question whether airports were public fora. Id., at 574-575. We found it "obvious that such a ban cannot be justified even if LAX were a nonpublic forum because no conceivable governmental interest would justify such an absolute prohibition of speech." Id., at 575. Moreover, we have consistently stated that restrictions on speech in non-public fora are valid only if they are "reasonable" and "not an effort to suppress expression merely because public officials oppose the speaker's view." Perry, supra, at 46; see also Kokinda, supra, at 731; Cornelius, supra, at 800; Lehman v. Shaker Heights, 418 U. S. 298, 303 (1974). The determination that airports are not public fora thus only begins our inquiry.

"The reasonableness of the Government's restriction [on speech in a nonpublic forum] must be assessed in light of the purpose of the forum and all the surrounding circumstances." Cornelius, supra, at 809. " '[C]onsideration of a forum's special attributes is relevant to the constitutionality of a regulation since the significance of the governmental interest must be assessed in light of the characteristic nature and function of the particular forum involved.' " Kokinda, supra, at 732, quoting Heffron v. International Soc. for Krishna Consciousness, Inc., 452 U. S. 640, 650-651 (1981).

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