Hill v. Colorado, 530 U.S. 703, 26 (2000)

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728

HILL v. COLORADO

Opinion of the Court

Krishna Consciousness, Inc., 452 U. S. 640 (1981), we upheld a state fair regulation that required a religious organization desiring to distribute literature to conduct that activity only at an assigned location—in that case booths. As in this case, the regulation primarily burdened the distributors' ability to communicate with unwilling readers. We concluded our opinion by emphasizing that the First Amendment protects the right of every citizen to " 'reach the minds of willing listeners and to do so there must be opportunity to win their attention.' Kovacs v. Cooper, 336 U. S. 77, 87 (1949)." Id., at 655. The Colorado statute adequately protects those rights.

Finally, in determining whether a statute is narrowly tailored, we have noted that "[w]e must, of course, take account of the place to which the regulations apply in determining whether these restrictions burden more speech than necessary." Madsen, 512 U. S., at 772. States and municipalities plainly have a substantial interest in controlling the activity around certain public and private places. For example, we have recognized the special governmental interests surrounding schools,34 courthouses,35 polling places,36 and private homes.37 Additionally, we previously have noted the unique concerns that surround health care facilities:

" 'Hospitals, after all, are not factories or mines or assembly plants. They are hospitals, where human ailments are treated, where patients and relatives alike often are under emotional strain and worry, where pleasing and comforting patients are principal facets of the day's activity, and where the patient and [her] family . . . need a restful, uncluttered, relaxing, and

34 See Grayned v. City of Rockford, 408 U. S. 104, 119 (1972).

35 See Cox v. Louisiana, 379 U. S. 559, 562 (1965).

36 See Burson v. Freeman, 504 U. S. 191, 206-208 (1992) (plurality opinion); id., at 214-216 (Scalia, J., concurring in judgment).

37 See Frisby v. Schultz, 487 U. S., at 484-485.

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