International Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 32 (1992)

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

Kennedy, J., concurring in judgments

erties guaranteed by the Speech and Press Clauses of the First Amendment. See, e. g., Schneider v. State (Town of Irvington), 308 U. S. 147 (1939); Murdock v. Pennsylvania, 319 U. S. 105 (1943). The Port Authority's rule, which prohibits almost all such activity, is among the most restrictive possible of those liberties. The regulation is in fact so broad and restrictive of speech, Justice O'Connor finds it void even under the standards applicable to government regulations in nonpublic forums. Ante, at 691-693. I have no difficulty deciding the regulation cannot survive the far more stringent rules applicable to regulations in public forums. The regulation is not drawn in narrow terms, and it does not leave open ample alternative channels for communication. See Ward v. Rock Against Racism, 491 U. S. 781, 791 (1989). The Port Authority's concerns with the problem of congestion can be addressed through narrow restrictions on the time and place of expressive activity. See ante, at 692-693 (opinion of O'Connor, J.). I would strike down the regulation as an unconstitutional restriction of speech.

II

It is my view, however, that the Port Authority's ban on the "solicitation and receipt of funds" within its airport terminals should be upheld under the standards applicable to speech regulations in public forums. The regulation may be upheld as either a reasonable time, place, and manner restriction, or as a regulation directed at the nonspeech element of expressive conduct. The two standards have considerable overlap in a case like this one.

It is well settled that "even in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions 'are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.' "

703

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