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United States v. Kokinda

Citation. 497 U.S. 720, 110 S. Ct. 3115, 111 L. Ed. 2d 571, 1990 U.S.

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Citation497 U.S. 720, 110 S. Ct. 3115, 111 L. Ed. 2d 571, 1990 U.S.

497 U.S. 720, 110 S. Ct. 3115, 111 L. Ed. 2d 571, 1990 U.S.

Brief Fact Summary. The United States (Petitioner) prohibits the solicitation of contributions on postal property.

Synopsis of Rule of Law. Solicitation is a protected form of speech subject to a reasonableness test. It may not be barred simply because the public official opposes the speaker’s view.

Points of Law - Legal Principles in this Case for Law Students.

One who is rightfully on a street which the state has left open to the public carries with him there as elsewhere the constitutional right to express his views in an orderly fashion.

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point of law

Facts. Kokinda (Respondent) is a volunteer for the National Democratic Policy Committee. She set up a table on the sidewalk outside a post office where she intended to sell books and solicit contributions for the organization.

Issue. Can the government regulate this form of protected speech?

Held. Yes. This type of speech is disruptive to the activities of the post office.

Dissent. This is a public forum and the regulation is not a proper time, place, and manner restriction.
Concurrence. The regulation is an appropriate time, place, and manner restriction. The sidewalks are the same as regular public forum sidewalks.

Discussion. The sidewalk at issue here, is not a traditional public forum because the sidewalk runs just from the parking lot to the post office. The sole purpose of the walkway is to assist patrons to get from their cars to the building.

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