Posted on 01/30/2017 8:23:47 AM PST by datricker
The Port Authority of New York and New Jersey, which owns and operates three major airports in the New York City area and controls certain terminal areas at the airports (hereinafter terminals), adopted a regulation forbidding, inter alia, the repetitive solicitation of money within the terminals. However, solicitation is permitted on the sidewalks outside the terminal buildings. Petitioner International Society for Krishna Consciousness, Inc., a not-for-profit religious corporation whose members, among other things, solicit funds in public places to support their movement, brought suit seeking declaratory and injunctive relief under 42 U.S.C. § 1983 alleging that the regulation deprived them of their First Amendment rights. The District Court granted petitioner summary judgment, concluding that the terminals were public fora, and that the regulation banning solicitation failed because it was not narrowly tailored to support a compelling state interest. The Court of Appeals reversed as here relevant. It determined that the terminals are not public fora, and found that the ban on solicitation was reasonable.
Held:
1. An airport terminal operated by a public authority is a non-public forum, and thus a ban on solicitation need only satisfy a reasonableness standard. Pp. 677-683.
This says to me you can NOT protest at airports -well not legally anyhow.
He's So Fine.
It’s not the protesting. It’s the shaking down of passing servicemen that’s at stake.
Seems to me this pertains to “solicitation” IOW panhandling. Doesn’t say anything about protesting, much less rioting or assaulting anyone.
These people (rioters) are trying to tear up the Constitution and replace it with mob rule, but when they get busted they hide behind the First Amendment.
You beat me to an “Airplane” reference.
https://m.youtube.com/watch?v=qse_wf57tZM
Yes I realize that was the focus of the case however;
Please see section b:
(b) Neither by tradition nor purpose can the terminals be described as public fora.Airports have not historically been made available for speech activity. Given the lateness with which the modern air terminal has made its appearance, it hardly qualifies as a property that has "immemorially . . . time out of mind" been held in the public trust and used [p673] for the purposes of expressive activity. See Hague v. Committee for Industrial Organization, 307 U.S. 496, 515. Nor have airport operators opened terminals to such activities, see Cornelius v. NAACP Legal Defense and Educational Fund, 473 U.S. 788, 802, as evidenced by the operators' frequent and continuing litigation in this area. Pp. 679-681.
It looks as though that most any free speech can be regulated at a public airport - selling stuff or otherwise (protesting). Like you say the original thrust of this was about solicitation. I just don't know if there is a "spill over, effect". We will soon see.
Many years ago, I was living in NYC while in the USCG. Going home one evening, through the bus terminal, and there are the Hare Krishnas carrying on. As I walked by, one of them shoved a book about Krishna at me, asking if I would like it. I say, “Sure!” and grab the book and keep walking. The Krishna runs after me, saying, “That’s ten dollars!” While still walking I say, “You didn’t ask if I wanted to BUY your book, only if I would like one.” We keep going back and forth like this for a while as we got further and further away from his cronies. I am not bothering to keep my voice down, and we were generating a lot of laughter in the crowds going past. He finally gave up and let me go, I suppose he was getting too far from his cronies. What was he going to do? They’re supposed to be pacifists!
(I did actually try to read the stupid book. Gave up less than a quarter of the way through. Completely incomprehensible!)
This is a growing trend... here is Virginia... in the city I work for, there is a provision against panhandling... it has been struck down in several surrounding cities as well as ours, as being unconstitutional and that it violates free speech... no we are overrun with people hanging out and holding signs for money
That was 40+ years ago, and I still have the book. LOL
I remember back in 1975 when Hari Krishnas were infesting airports begging for money and selling books. One man went in to protest. He had bought a book for $5.00 just to get them off his case and he gave them a $20 expecting change back. Instead they took off with the $20.
One Christmas they dressed in Santa outfits and were taking donations on the streets. The official “Santas” protested and it was discovered the Krishna santas wore WHITE belts while the official Santas had black belts.
Then they disappeared.
Haven’t heard anything out of those wackos for decades.
I forgot to mention they once dressed like “cowboys” during a rodeo years ago. Still panhandling their books.
“we are overrun with people hanging out and holding signs for money”
Turnabout is fair play. Just start approaching the panhandlers and aggressively preaching the gospel to them. Make sure to mention the parts where the Bible condemns drunkenness and says that those who won’t work won’t eat :)
But mine was from the far inferior Airplane 2: The Sequel.
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