The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Wednesday, March 25, 1992
Decision: Friday, June 26, 1992
Issues: First Amendment, Miscellaneous

Advocates

Arthur P. Berg (Argued the cause for the petitioner)
Barry A. Fisher (Argued the cause for the respondents)

Facts of the Case

The Port Authority of New York and New Jersey banned the distribution of flyers, brochures, pamphlets and other printed material at its airport terminals. Members of a religious group wanted to perform a ritual involving the distibution of literature at these airports. The group challenged the regulation on free expression and and free exercise grounds of the First Amendment.

Question

Does the regulation banning the distribution of literature at airports violate the free speech and free exercise clauses of the First Amendment?

Conclusion

In a short per curiam opinion, the court held 5 to 4 that the ban on literature distribution violated the Free Speech Clause. (A related case, also Int. Soc. for Krishna Consciousness v. Lee, 505 U.S. 672, addressed a ban on the solicitation of funds.)

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Per Curiam with Argument: 5 - 4
Voted with the minority, authored a dissent
Rehnquist
Voted with the minority, joined Rehnquist's dissent
White
Voted with the majority, joined Kennedy's special concurrence, joined Souter's special concurrence
Blackmun
Voted with the majority, joined Kennedy's special concurrence, joined Souter's special concurrence
Stevens
Voted with the majority, authored a special concurrence
O'Connor
Voted with the minority, joined Rehnquist's dissent
Scalia
Voted with the majority, authored a special concurrence
Kennedy
Voted with the majority, joined Kennedy's special concurrence, authored a special concurrence
Souter
Voted with the minority, joined Rehnquist's dissent
Thomas

Cite this page

The Oyez Project, Lee v. Int. Soc. for Krishna Consciousness, 505 U.S. 830 (1992),
available at: <http://www.oyez.org/cases/1990-1999/1991/1991_91_339/>
(last visited ).