Lee v. International Society for Krishna Consciousness, Inc.
Docket: 91-339
Court: Supreme Court of the United States; June 26, 1992; Federal Supreme Court; Federal Appellate Court
The Supreme Court affirmed the judgment of the Court of Appeals, which deemed the ban on distributing literature in Port Authority airport terminals unconstitutional under the First Amendment. Justices O'Connor, Kennedy, and Souter expressed their agreement with this conclusion. Chief Justice Rehnquist, joined by Justices White, Scalia, and Thomas, dissented, arguing that the risks associated with leafletting are comparable to those posed by solicitation, particularly concerning airport congestion. He emphasized that allowing leafletting could lead to similar disruptions for travelers, who might be stopped to engage with leafletters, thus obstructing foot traffic. Furthermore, he noted that individuals who accept literature often discard it carelessly, causing aesthetic issues and increased maintenance burdens for airport staff. Rehnquist contended that a differential ban allowing leafletting while prohibiting solicitation might not alleviate the Port Authority's concerns, as enforcing such a distinction could be as challenging as regulating solicitation itself. He suggested that the Port Authority could potentially seek a complete ban in the future if it could provide evidence of the enforcement burdens stemming from a selective ban. The dissent highlighted the need to consider the cumulative impact of allowing various groups access to airport terminals and the potential for exacerbating congestion issues.