Lee v. International Soc. for Krishna Consciousness, Inc., 505 U.S. 830, 2 (1992) (per curiam)

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Cite as: 505 U. S. 830 (1992)

Rehnquist, C. J., dissenting

Per Curiam.

For the reasons expressed in the opinions of Justice O'Connor, Justice Kennedy, and Justice Souter, see ante, p. 685 (O'Connor, J., concurring in No. 91-155 and concurring in judgment in No. 91-339), ante, p. 693 (Kennedy, J., concurring in judgments), and ante, p. 709 (Souter, J., concurring in judgment in No. 91-339 and dissenting in No. 91-155), the judgment of the Court of Appeals holding that the ban on distribution of literature in the Port Authority airport terminals is invalid under the First Amendment is

Affirmed.

Chief Justice Rehnquist, with whom Justice White, Justice Scalia, and Justice Thomas join, dissenting.

Leafletting presents risks of congestion similar to those posed by solicitation. It presents, in addition, some risks unique to leafletting. And of course, as with solicitation, these risks must be evaluated against a backdrop of the substantial congestion problem facing the Port Authority and with an eye to the cumulative impact that will result if all groups are permitted terminal access. Viewed in this light, I conclude that the distribution ban, no less than the solicitation ban, is reasonable. I therefore dissent from the Court's holding striking the distribution ban.

I will not trouble to repeat in detail all that has been stated in No. 91-155, International Soc. for Krishna Consciousness, Inc. v. Lee, ante, at 683-685, describing the risks and burdens flowing to travelers and the Port Authority from permitting solicitation in airport terminals. Suffice it to say that the risks and burdens posed by leafletting are quite similar to those posed by solicitation. The weary, harried, or hurried traveler may have no less desire and need

ficers by Benjamin L. Brown, Analeslie Muncy, Robert J. Alfton, Frank B. Gummey III, Frederick S. Dean, Neal M. Janey, Victor J. Kaleta, Robert J. Mangler, Neal E. McNeill, Robert J. Watson, and Iris J. Jones.

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