Cite as: 505 U. S. 672 (1992)
Kennedy, J., concurring in judgments
expression. See Clark v. Community for Creative Non-Violence, 468 U. S. 288, 293 (1984).
I would affirm the judgment of the Court of Appeals in both No. 91-155 and No. 91-339.
Justice Kennedy, with whom Justice Blackmun, Justice Stevens, and Justice Souter join as to Part I, concurring in the judgments.*
While I concur in the judgments affirming in these cases, my analysis differs in substantial respects from that of the Court. In my view the airport corridors and shopping areas outside of the passenger security zones, areas operated by the Port Authority, are public forums, and speech in those places is entitled to protection against all government regulation inconsistent with public forum principles. The Port Authority's blanket prohibition on the distribution or sale of literature cannot meet those stringent standards, and I agree it is invalid under the First and Fourteenth Amendments. The Port Authority's rule disallowing in-person solicitation of money for immediate payment, however, is in my view a narrow and valid regulation of the time, place, and manner of protected speech in this forum, or else is a valid regulation of the nonspeech element of expressive conduct. I would sustain the Port Authority's ban on solicitation and receipt of funds.
I
An earlier opinion expressed my concern that "[i]f our public forum jurisprudence is to retain vitality, we must recognize that certain objective characteristics of Government property and its customary use by the public may control" the status of the property. United States v. Kokinda, 497 U. S. 720, 737 (1990) (Kennedy, J., concurring in judgment). The cases before us do not heed that principle. Our public
*[This opinion applies also to No. 91-339, Lee v. International Soc. for Krishna Consciousness, Inc., post, p. 830.]
693
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