Lee v. International Society For Krishna Consciousness, Inc
Decision Date | 26 June 1992 |
Docket Number | No. 91-339,91-339 |
Citation | 120 L.Ed.2d 669,505 U.S. 830,112 S.Ct. 2709 |
Parties | Walter LEE, Superintendent of Port Authority Police, Petitioner, v. INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., et al |
Court | U.S. Supreme Court |
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 Society for Krishna Consciousness, Inc. v. Lee, --- U.S. ----, 112 S.Ct. 2701, --- L.Ed.2d ----, 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 to avoid the delays generated by having literature foisted upon him than he does to avoid delays from a financial solicitation. And while a busy passenger perhaps may succeed in fending off a leafletter with minimal disruption to himself by agreeing simply to take the proffered material, this does not completely ameliorate the dangers of congestion flowing from such leafletting. Others may choose not simply to accept the material but also to stop and engage the leafletter in debate,...
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