Lee v. International Society for Krishna Consciousness, Inc.

Brief Fact Summary.

Members of the International Society for Krishna Consciousness (ISKCON), a nonprofit religious corporation, performs a ritual called sankirtan, which involves soliciting funds and distributing literature in public places. The Port Authority of New York and New Jersey adopted a regulation forbidding within the terminals the repetitive solicitation of money or distribution of literature. ISKCON brought suit challenging the regulation.

Synopsis of Rule of Law.

Banning the distribution of literature in airport terminals violates the First Amendment.

Facts.

Members of the International Society for Krishna Consciousness (ISKCON), a nonprofit religious corporation, performs a ritual called sankirtan, which involves soliciting funds and distributing literature in public places. In 1988, the New York Port Authority, a government agency that owns and operates the three airports in metropolitan New York, adopted a regulation forbidding repetitive solicitation of funds or distribution of literature within airport terminals, but permitting solicitation and distribution on the sidewalks outside the terminal buildings. ISKCON filed suit, alleging that the regulation violated its speech rights.

Issue.

Is the Port Authority regulation forbidding within the terminals the distribution of literature constitutional per the First Amendment??

Held.

No, the Port Authority regulation forbidding within the terminals the distribution of literature violates the First Amendment.

Dissent.

Justice Rehnquist

Leafletting, like solicitation, contributes to a substantial congestion problem facing the Port Authority. As such, the distribution ban is reasonable. Travelers have no less desire and need to avoid the delays generated by having literature forced upon him than he does to avoid delays from financial solicitation. Moreover, those who accept material may often simply drop it on the floor, once out f the leafletter’s range, creating an eyesore, safety hazard, and additional cleanup work for airport staff.

Discussion.

The the reasons expressed in the opinions of Justice O’Connor, Justice Kennedy, and Justice Souter in International Society for Krishna Consciousness, Inc. v. Lee, the judgment of the Court of Appeals holding that the ban on distribution of literature in the Port Authority airport terminals is invalid under the First Amendment is affirmed.