The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, March 25, 1992
Decision: Friday, June 26, 1992
Issues: First Amendment, Miscellaneous
Categories: first amendment, freedom of speech

Advocates

Arthur P. Berg (Argued the cause for the respondent)
Barry A. Fisher (Argued the cause for the petitioners)

Facts of the Case

New York City's airport authority banned repetitive solicitation of money within airline terminals. Solicitation was permitted outside the terminals. The International Society for Krishna Consciousness solicits funds in public places. It challenged the regulation. A federal district court granted an injunction against the airport authority. The authority appealed.

Question

Does the regulation violate the First Amendment free speech clause?

Conclusion

No. An airport terminal is not a public forum. The regulation banning such activity need only satisfy a reasonableness standard. The regulation is reasonable. Solicitators may slow the path of possible contributors, cause duress or commit fraud. Therefore, the regulation is permissible. In a related case, the Court held invalid the airport authority's ban on literature distribution in airport terminals.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 votes for Lee, 3 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the minority, joined Kennedy's dissent, joined Souter's dissent
Stevens
Voted with the minority, joined Kennedy's dissent, joined Souter's dissent
Blackmun
Voted with the majority
White
Wrote a regular concurrence
O'Connor
Wrote a dissent, joined Kennedy's dissent
Souter
Wrote a special concurrence
Kennedy
Wrote the majority opinion
Rehnquist
Voted with the majority
Scalia
Voted with the majority
Thomas
Full Opinion by Chief Justice William H. Rehnquist

Cite this page

The Oyez Project, Int. Society for Krishna Consciousness v. Lee, 505 U.S. 672 (1992),
available at: <http://www.oyez.org/cases/1990-1999/1991/1991_91_155/>
(last visited ).