international soc krishna consciousness lee argued march decided june port authority new york new jersey owns operates three major airports new york city area controls certain terminal areas airports hereinafter terminals adopted regulation forbidding inter alia repetitive solicitation money within terminals however solicitation permitted sidewalks outside terminal buildings petitioner international society krishna consciousness iskcon religious corporation whose members among things solicit funds public places support movement brought suit seeking declaratory injunctive relief alleging regulation deprived members first amendment rights district granted iskcon summary judgment concluding terminals public fora regulation banning solicitation failed narrowly tailored support compelling state interest appeals reversed relevant determined terminals public fora found ban solicitation reasonable held airport terminal operated public authority forum thus ban solicitation need satisfy reasonableness standard pp extent port authority restrict expressive activity property depends nature forum regulation traditional public fora designated public fora survives narrowly drawn achieve compelling state interest limitations expressive activity conducted property need reasonable survive perry ed assn perry local educators pp neither tradition purpose terminals described public fora airports historically made available speech activity given lateness modern air terminal made appearance hardly qualifies property immemorially time mind held public trust used purposes expressive activity see hague committee industrial organization airport operators opened terminals activities see cornelius naacp legal defense ed fund evidenced operators frequent continuing litigation area pp speech activities may historically occurred transportation nodes rail bus stations wharves ellis island relevant many sites traditionally private ownership addition equating airports transportation centers take account differences among various facilities may affect extent facilities accommodate expressive activity unsurprising find differences among facilities port authority airport builders managers federal government share view terminals dedicated facilitation efficient air travel solicitation contributions pp port authority ban solicitation reasonable solicitation may disruptive effect business slowing path must decide whether contribute must alter paths avoid solicitation addition solicitor may cause duress targeting vulnerable persons commit fraud concealing affiliation shortchanging purchasers fact targets likely tight schedule thus unlikely stop complain authorities compounds problem port authority determined best achieve legitimate interest monitoring solicitation activity assure travelers interfered unduly limiting solicitation sidewalk areas outside terminals area frequented overwhelming percentage airport users making iskcon access general public quite complete moreover odd conclude regulation unreasonable port authority otherwise assured access universally traveled area inconvenience caused iskcon may seem small port authority reasonably worry incremental effects one group another seek access prove quite disruptive pp rehnquist delivered opinion white scalia thomas joined filed concurring opinion post kennedy filed opinion concurring judgment part blackmun stevens souter joined post souter filed dissenting opinion blackmun stevens joined post barry fisher argued cause petitioners briefs david grosz robert moest david liberman jay alan sekulow jeremiah gutman arthur berg argued cause respondent brief philip maurer arnold kolikoff milton pachter briefs amici curiae filed airports association council america michael conway american civil liberties union et al steven shapiro john powell arthur eisenberg american federation labor congress industrial organizations marsha berzon walter kamiat laurence gold american jewish congress et al bradley jacob edward mcglynn gaffney american newspaper publishers association et al robert bernius alice neff lucan rene milam richard bernstein barbara wartelle wall john fontaine cristina mendoza george freeman carol malamed american tract society et al james matthew henderson mark troobnick thomas patrick monaghan charles rice criminal justice legal foundation kent scheidegger charles hobson free congress foundation wendell bird david myers multimedia newspaper et al carl muller wallace lightsey project vote et al robert plotkin elliot mincberg national institute municipal law officers benjamin brown analeslie muncy robert alfton frank gummey iii frederick dean neal janey victor kaleta robert mangler neal mcneill robert watson iris jones chief justice rehnquist delivered opinion case consider whether airport terminal operated public authority public forum whether regulation prohibiting solicitation interior airport terminal violates first amendment relevant facts case dispute petitioner international society krishna consciousness iskcon religious corporation whose members perform ritual known sankirtan ritual consists going public places disseminating religious literature soliciting funds support religion primary purpose ritual raising funds movement ibid respondent walter lee deceased police superintendent port authority new york new jersey charged enforcing regulation issue port authority owns operates three major airports greater new york city area john kennedy international airport kennedy la guardia airport la guardia newark international airport newark three airports collectively form one world busiest metropolitan airport complexes serve approximately country domestic airline market market decade end expected serve least million passengers annually airports funded user fees operated make regulated profit space three airports leased commercial airlines bear primary responsibility leasehold port authority retains control unleased portions including la guardia central terminal building portions kennedy international arrivals building newark north terminal building refer areas collectively terminals terminals generally accessible general public contain various commercial establishments restaurants snack stands bars newsstands stores various types virtually visit terminals purposes related air travel visitors principally include passengers meeting seeing passengers flight crews terminal employees ibid port authority adopted regulation forbidding within terminals repetitive solicitation money distribution literature regulation following conduct prohibited within interior areas buildings structures air terminal conducted person continuous repetitive manner sale distribution flyers brochures pamphlets books printed written material solicitation receipt funds regulation governs terminals port authority permits solicitation distribution sidewalks outside terminal buildings regulation effectively prohibits iskcon performing sankirtan terminals result iskcon brought suit seeking declaratory injunctive relief alleging regulation worked deprive members rights guaranteed first amendment district analyzed claim traditional public forum doctrine concluded terminals akin public streets sdny quintessential traditional public fora conclusion turn meant port authority terminal regulation sustained narrowly tailored support compelling state interest absence argument blanket prohibition constituted narrow tailoring district granted iskcon summary judgment ibid appeals affirmed part reversed part relying recent decision kokinda divided panel concluded terminals public fora result restrictions required satisfy standard reasonableness appeals concluded presented issue find ban solicitation reasonable ban distribution iskcon one members also petitioner sought certiorari respecting appeals decision terminals public fora upholding solicitation ban respondent respecting holding striking distribution ban granted petitions resolve whether airport terminals public fora question circuits split granted certiorari ultimately failed reach board airport los angeles jews jesus uncontested solicitation issue case form speech protected first amendment heffron international soc krishna consciousness kokinda supra citing schaumburg citizens better environment riley national federation blind also well settled government need permit forms speech property owns controls postal service council greenburgh civic greer spock government acting proprietor managing internal operations rather acting lawmaker power regulate license action subjected heightened review actions lawmaker may subject kokinda supra plurality opinion citing cafeteria restaurant workers mcelroy thus upheld ban political advertisements transit vehicles lehman shaker heights even though city permitted types advertising vehicles similarly permitted school district limit access internal mail system used communicate teachers employed district perry ed assn perry local educators assn cases reflect either implicitly explicitly forumbased approach assessing restrictions government seeks place use property cornelius naacp legal defense ed fund approach regulation speech government property traditionally available public expression subject highest scrutiny regulations survive narrowly drawn achieve compelling state interest perry second category public property designated public forum whether limited unlimited character property state opened expressive activity part public ibid regulation property subject limitations governing traditional public forum finally remaining public property limitations expressive activity conducted last category property must survive much limited review challenged regulation need reasonable long regulation effort suppress speaker activity due disagreement speaker view ibid parties disagree proper framework rather disagree whether airport terminals public fora nonpublic fora also disagree whether regulation survives reasonableness review governing nonpublic fora prove appropriate category like appeals conclude terminals nonpublic fora regulation reasonably limits solicitation suggestion government high burden justifying speech restrictions relating traditional public fora made first appearance hague committee industrial organization justice roberts concluding individuals right use streets parks communication views reasoned right flowed fact streets parks immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions confirmed observation frisby schultz held residential street public forum recent cases provide additional guidance characteristics public forum cornelius noted traditional public forum property principal purpose free exchange ideas moreover consistent notion government like property owners power preserve property control use lawfully dedicated greer government create public forum inaction public forum created whenever members public permitted freely visit place owned operated government ibid decision create public forum must instead made intentionally opening nontraditional forum public discourse cornelius supra finally recognized location property also bearing separation acknowledged public areas may serve indicate separated property special enclave subject greater restriction grace precedents foreclose conclusion airport terminals public fora reflecting general growth air travel industry airport terminals recently achieved contemporary size character see hubbard mcclintock williams airports location administration legal basis noting airports given lateness modern air terminal made appearance hardly qualifies description immemorially time mind held public trust used purposes expressive activity hague supra moreover even within rather short history air transport recent years become common practice various religious nonprofit organizations use commercial airports forum distribution literature solicitation funds proselytizing new members similar activities thus tradition airport activity demonstrate airports historically made available speech activity say particular terminals airport terminals generally intentionally opened operators activity frequent continuing litigation evidencing operators objections belies claim see supra short argument society judgment expressed acquiescence continuing practice resolved issue petitioner favor petitioners attempt circumvent history practice governing airport activity pointing attention variety speech activity claim historically occurred various transportation nodes rail stations bus stations wharves ellis island even inclined accept petitioners historical account describing speech activity locations account respondent contests think evidence little import two reasons first much evidence irrelevant public fora analysis sites bus rail terminals traditionally private ownership see transportation union long island grant bohi country railroad station america dept transportation intercity bus terminal study development privately owned parks ban speech activity change public fora status publicly held parks reverse also true practices privately held transportation centers bear government regulatory authority publicly owned airport second relevant unit inquiry airport transportation nodes generally new methods transportation develop new methods accommodating transportation also likely needed new step therefore new inquiry whether transportation necessities compatible various kinds expressive activity make category transportation nodes therefore unjustifiably elide may prove critical differences rightfully take account security magnet example airport commonplace lacks counterpart bus terminals train stations public access air terminals also infrequently restricted last year federal aviation administration required airports period limit access areas normally publicly accessible see cfr dept transportation news release office assistant secretary public affairs blithely equate airports transportation centers therefore mistake differences among facilities unsurprising since appeals noted airports commercial establishments funded users fees designed make regulated profit nearly visit travel related purpose commercial enterprises airports must provide services attractive marketplace light fairly said airport terminal principal purpose promoting free exchange ideas cornelius naacp legal defense ed fund contrary record demonstrates port authority management considers purpose terminals facilitation passenger air travel promotion expression sloane affidavit app defendant civil rule statement app even look beyond intent port authority manner terminals operated terminals never dedicated except threat order expression form sought exercised solicitation contributions distribution literature terminals far atypical airport builders managers focus efforts providing terminals contribute efficient air travel see horonjeff mckelvey planning design airports ed terminal used process passengers baggage interface aircraft ground transportation modes federal government accord secretary transportation directed publish plan airport development necessary anticipate meet needs civil aeronautics meet requirements support national defense meet identified needs postal service app emphasis added see also purpose dulles national airport terminal built maintained process serve air travelers efficiently although many airports expanded function beyond merely contributing efficient air travel included among purposes designation forum solicitation distribution activities see supra thus think neither tradition purpose terminals described satisfying standards previously set identifying public forum restrictions challenged therefore need satisfy requirement reasonableness reiterate stated kokinda restriction need reasonable need reasonable reasonable limitation plurality opinion quoting cornelius supra doubt standard prohibition solicitation passes muster many prior occasions noted disruptive effect solicitation may business solicitation requires action respond individual solicited must decide whether contribute might involve reading solicitor literature hearing pitch decided reach wallet search money write check produce credit card kokinda supra see heffron blackmun concurring part dissenting part passengers wish avoid solicitor may alter paths slowing around result normal flow traffic impeded especially airport ir travelers often weighted cumbersome baggage may hurrying catch plane arrange ground transportation delays may particularly costly setting flight missed minutes result hours worth subsequent inconvenience addition solicitation presents risks duress appropriate target regulation skillful unprincipled solicitor target vulnerable including accompanying children suffering physical impairment easily avoid solicitation see international soc krishna consciousness barber ndny rev grounds unsavory solicitor also commit fraud concealment affiliation deliberate efforts shortchange agree purchase see fed reg compounding problem fact airport targets activity frequently tight schedules turn makes visitors unlikely stop formally complain airport authorities result airport faces considerable difficulty achieving legitimate interest monitoring solicitation activity assure travelers interfered unduly port authority concluded interest monitoring activities best accomplished limiting solicitation distribution sidewalk areas outside terminals sloane supp affidavit app sidewalk area frequented overwhelming percentage airport users see app noting air travelers passing terminals intraterminal flights transferring planes thus resulting access solicit general public quite complete turn think odd conclude port authority terminal regulation unreasonable despite port authority otherwise assured access area universally traveled inconveniences passengers burdens port authority officials flowing solicitation activity may seem small viewed fact pedestrian congestion one greatest problems facing three terminals port authority reasonably worry even incremental effects prove quite disruptive moreover justification rule measured disorder result granting exemption solely iskcon heffron supra iskcon given access must groups obviously much larger threat state interest crowd control religious nonreligious noncommercial organizations likewise move freely result conclude solicitation ban reasonable foregoing reasons judgment appeals sustaining ban solicitation port authority terminals affirmed footnotes compare decision jamison louis cert denied chicago area military project chicago cert denied fernandes limmer cert dism southwest trade cultural council app jews jesus board airport los angeles aff grounds deal petitioners claim regarding raising permissibility solicitation respondent concerning leafletting ban disposed companion case lee international soc krishna consciousness post respondent also argues regulations survive strict scrutiny applicable public fora find unnecessary reach question congestion problem unique airports see describing congestion washington dulles national airports app congressional declaration part national airport system plan airport projects designed increase passenger capacity undertaken maximum feasible extent justice concurring concurring judgment post decision appeals upheld ban solicitation funds within airport terminals operated port authority new york new jersey struck ban repetitive distribution printed written material within terminals affirm parts judgment concur opinion agree publicly owned airports public fora unlike public streets parks first amendment jurisprudence identified traditional public fora airports count among purposes free exchange ideas cornelius naacp legal defense ed fund long tradition government fiat devoted assembly debate perry ed assn perry local educators time mind used purposes communicating thoughts citizens discussing public questions hague committee industrial organization although airports ordinarily restrict public access ublicly owned operated property become public forum simply members public permitted come go grace see also greer spock hen government property dedicated open communication government may without justification restrict use participate forum official business perry supra little doubt airports among publicly owned facilities closed except legitimate business see grace supra public access airports thus inherent open nature locations streets parks rather matter grace government officials kokinda brennan dissenting also agree port authority expressly opened airports types expression issue see ante therefore created limited designated public forum relevant case reasons port authority restrictions solicitation leafletting within airport terminals qualify strict scrutiny applies restriction speech public fora airports public fora however mean government restrict speech whatever way likes government even acting proprietary capacity enjoy absolute freedom first amendment constraints kokinda supra plurality opinion example board airport los angeles jews jesus unanimously struck regulation prohibited first amendment activities los angeles international airport lax without even reaching question whether airports public fora found obvious ban justified even lax nonpublic forum conceivable governmental interest justify absolute prohibition speech moreover consistently stated restrictions speech nonpublic fora valid reasonable effort suppress expression merely public officials oppose speaker view perry supra see also kokinda supra cornelius supra lehman shaker heights determination airports public fora thus begins inquiry reasonableness government restriction speech nonpublic forum must assessed light purpose forum surrounding circumstances cornelius supra onsideration forum special attributes relevant constitutionality regulation since significance governmental interest must assessed light characteristic nature function particular forum involved kokinda supra quoting heffron international soc krishna consciousness case special attributes surrounding circumstances airports operated port authority determinative port authority chosen limit access airports control created huge complex open travelers nontravelers alike airports house restaurants cafeterias snack bars coffee shops cocktail lounges post offices banks telegraph offices clothing shops drug stores food stores nurseries barber shops currency exchanges art exhibits commercial advertising displays bookstores newsstands dental offices private clubs see app newark jfk la guardia international arrivals building jfk airport even two branches bloomingdale said restriction speech nonpublic forum reasonable consistent government legitimate interest preserv ing property use lawfully dedicated perry supra quoting postal service council greenburgh civic internal quotation marks omitted ordinarily inquiry relatively straightforward almost always confronted cases fora issue discrete facilities see kokinda supra dedicated sidewalk parking lot post office cornelius naacp legal defense ed fund literature charity drive city council los angeles taxpayers vincent utility poles perry supra interschool mail system postal service council greenburgh civic supra household mailboxes adderley florida curtilage jailhouse port authority urges case different contends dedicated airports single purpose facilitating air travel speech seeks prohibit consistent purpose wide range activities promoted port authority directly related facilitating air travel types activities international society krishia consciousness iskcon wishes engage see jews jesus supra line speech speech best murky view port authority operating shopping mall well airport reasonableness inquiry therefore whether restrictions speech consistent preserving property air travel perry supra internal quotation marks citation omitted whether reasonably related maintaining multipurpose environment port authority deliberately created applying standard agree ban solicitation reasonable solicitation incompatible airport functioning way permitted activities previously observed olicitation impedes normal flow traffic requires action respond individual solicited must decide whether contribute might involve reading solicitor literature hearing pitch decided reach wallet search money write check produce credit card residents metropolitan areas know daily experience confrontation person asking money disrupts passage intrusive intimidating encounter person giving information kokinda plurality opinion citations omitted kennedy concurring judgment accepting postal service judgment given past experience solicitation deserves different treatment alternative forms solicitation expression heffron supra brennan concurring part dissenting part upholding partial restriction solicitation fairgrounds state interest protecting fairgoers fraudulent deceptive misleading solicitation practices blackmun concurring part dissenting part upholding partial restriction solicitation crowd control problems creates record case confirms problems congestion fraud identified solicitation contexts also proved true airports experience see app affidavits airport users frequently facing time constraints traveling luggage children ban solicitation reasonable means avoiding disruption airport operation view however regulation banning leafletting port authority words continuous repetitive distribution printed written material upheld reasonable record therefore concur judgment post striking prohibition difficulties posed solicitation nonpublic forum sufficiently obvious regulation may rin common sense kokinda internal quotation marks citation omitted necessarily true leafletting contrary expressly noted leafletting entail kinds problems presented solicitation specifically ne need ponder contents leaflet pamphlet order mechanically take someone hand distribution literature require recipient stop order receive message speaker wishes convey instead recipient free read message later time ibid plurality opinion quoting heffron supra blackmun concurring part dissenting part possible exception avoiding litter see schneider state town irvington difficult point problems intrinsic act leafletting make naturally incompatible large multipurpose forum issue considered restrictions speech nonpublic forum sustained kind extensive activity found port authority airports believe case instructive greer spock held even though certain parts military base open public still constitute public forum light historically unquestioned power commanding officer summarily exclude civilians area command quoting cafeteria restaurant workers mcelroy proceeded uphold regulation banning distribution literature without prior approval base commander emphasized regulation leafletting authorize fort dix authorities prohibit distribution conventional political campaign literature rather explained publications military commander may disapprove finds constitute clear danger military loyalty discipline morale nothing constitution disables military commander acting avert perceives clear danger loyalty discipline morale troops base command citation omitted contrast regulation issue case effects absolute prohibition supported independent justification outside problems caused accompanying solicitation moreover port authority offered justifications record evidence support ban distribution pamphlets alone argument focused instead problems created literature distributed conjunction solicitation plea although requir proof present justify denial access nonpublic forum grounds proposed use may disrupt property intended function perry required explanation certain speech inconsistent intended use forum kokinda example upheld regulation banning solicitation postal property part postal service history regulation solicitation post offices demonstrated permitting solicitation interfered postal mission plurality opinion similarly cornelius held reasonable exclude political advocacy groups fundraising campaign targeted federal employees part record amply support ed inference participation groups jeopardized success campaign port authority provided independent reason prohibiting leafletting record contains information draw inference support ban see peaceful pamphleteering incompatible multipurpose environment port authority airports accept total ban activity reasonable without explanation restriction preserv es property several uses put perry supra internal quotation marks citation omitted course still open port authority promulgate regulations time place manner leafletting narrowly tailored serve significant government interest leave open ample alternative channels communication perry supra postal service example many years litigation progress port authority banned sankirtan completely jfk international airport restricted relatively uncongested part airport terminals part houses airport chapel tr oral arg view regulation meets standards applied time place manner restrictions protected expression see clark community creative affirm judgment appeals justice kennedy justice blackmun justice stevens justice souter join part concurring judgments concur judgments affirming cases analysis differs substantial respects view airport corridors shopping areas outside passenger security zones areas operated port authority public forums speech places entitled protection government regulation inconsistent public forum principles port authority blanket prohibition distribution sale literature meet stringent standards agree invalid first fourteenth amendments port authority rule disallowing solicitation money immediate payment however view narrow valid regulation time place manner protected speech forum else valid regulation nonspeech element expressive conduct sustain port authority ban solicitation receipt funds earlier opinion expressed concern public forum jurisprudence retain vitality must recognize certain objective characteristics government property customary use public may control status property kokinda kennedy concurring judgment case us heed principle public forum doctrine jurisprudence categories rather ideas convert analysis protective expression one grants government authority restrict speech fiat believe public forum analysis case inconsistent values underlying speech press clauses first amendment public forum analysis origins justice roberts rather sweeping dictum hague committee industrial organization see also ante doctrine stated much precision elaboration though recent decisions perry ed assn perry local educators cornelius naacp legal defense ed fund cases describe analysis designate property either traditional public forum designated public forum nonpublic forum perry supra ante today holds traditional public forums limited public property principal purpose free exchange ideas ante quoting cornelius supra ante concurring concurring judgment hereinafter opinion purpose must evidenced longstanding historical practice permitting speech ante ante opinion also holds designated forums consist property government intends open public discourse ante citing cornelius supra ante opinion types property view nonpublic forums words public forums restrictions speech places upheld long reasonable viewpointneutral categorical view application publicforum analysis airport terminals seems easy airports course public spaces recent vintage tradition associated airports permitting free speech ante governments often attempted restrict speech within airports follows fortiori analysis designated forums ante concludes airports must nonpublic forums subject minimal first amendment protection analysis flawed beginning leaves government almost unlimited authority restrict speech property nothing articulating purpose area leaves almost scope development new public forums absent rare approval government error lies conclusion publicforum status public property depends government defined purpose property explicit decision government dedicate property expressive activity view inquiry must objective one based actual physical characteristics uses property fact publicforum cases discuss analyze precise characteristics tends support position perry supra cornelius supra kokinda supra plurality opinion first amendment limitation government grant power design prevent government controlling speech yet view authority government control speech property paramount almost cases critical step analysis classification property turns government definition decision unconstrained independent duty respect speech citizens voice acknowledges much reintroducing today first amendment law strict doctrinal line proprietary regulatory functions government thought abandoned long ago ante compare davis massachusetts hague supra schneider state town irvington grayned rockford approach contrary underlying purposes public forum doctrine liberties protected doctrine derive assembly well speech press clauses first amendment essential functioning democracy see kalven concept public forum cox louisiana public places necessity locus discussion public issues well protest arbitrary government action heart jurisprudence lies principle free nation citizens must right gather speak persons public places recognition certain property public forum provides open notice citizens freedoms may exercised without fear censorial government adding tangible reinforcement idea free people fundamental tenet constitution government subject constraints private persons public forum doctrine vindicates principle recognizing limits government control speech activities property suitable free expression doctrine focuses physical characteristics property government ownership source purported authority regulate speech right speech protected doctrine however comes dictum constitutional recognition government impose silence free people analysis rests inaccurate view history notion traditional public forums properties public discourse principal purpose doubtful fiction types property recognized quintessential public forums streets parks sidewalks cornelius frisby schultz seem apparent principal purpose streets sidewalks like airports facilitate transportation public discourse recognized much schneider state supra similarly purpose creation public parks may much beauty open space discourse thus analysis even quintessential public forums appear lack necessary elements defines public forum effect narrow view first category public forums compounded description second purported category designated forum requirements designation stringent certain whether category content left event seems evident analysis today types property already recognized public forums accorded status answer objections appears recourse history justifying recognition streets parks sidewalks apparently types government property traditional public forums ante ignores fact purpose public forum doctrine give effect broad command first amendment protect speech governmental interference jurisprudence rooted historic practice tied narrow textual command limiting recognition new forums view policies underlying doctrine given effect unless recognize open public spaces thoroughfares suitable discourse may public forums whatever historical pedigree without concern precise classification property support precedents view see lehman shaker heights plurality opinion hague speaking streets public places forums without recognition forum doctrine retains relevance times technology increasing insularity country citizens travel automobile parks often become locales crime rather social intercourse failure recognize possibility new types government property may appropriate forums speech lead serious curtailment expressive activity one places left mobile society suitable discourse metropolitan airport particular importance recognize spaces public forums days airport one spaces many persons extensive contact members public given private spaces similar character subject dictates first amendment see hudgens nlrb critical preserve areas protected speech view public forum doctrine must recognize reality allow creation public forums fit within narrow tradition streets sidewalks parks allowed flexibility doctrine meet changing technologies areas constitutional interpretation see katz believe must first amendment agree government property type history tradition available speech activity must continue recognized public forum ante view however constitutional protection confined properties alone proper circumstances accord public forum status forms property regardless ancient contemporary origins whether fit within narrow historic tradition objective physical characteristics property issue actual public access uses permitted government indicate expressive activity appropriate compatible uses property public forum important considerations analysis whether property shares physical similarities traditional public forums whether government permitted acquiesced broad public access property whether expressive activity tend interfere significant way uses government factual matter dedicated property conducting last inquiry courts must consider consistency uses expressive activities general rather specific sort speech issue case otherwise analysis one classification rather balancing provide little guidance state regarding discretion regulate speech courts must also consider availability reasonable time place manner restrictions undertaking compatibility analysis possibility theoretical inconsistency expressive activities property uses bar finding public forum inconsistencies avoided simple permitted regulations second category jurisprudence designated forum provides little additional protection speech government property satisfy criteria public forum government retains power dedicate property speech whether expressive activity limited purposes see ante perry southeastern promotions conrad quarrel fact speech must often restricted property kind retain purpose designated recognize property designated particular expressive use government may choose eliminate designation increases need protect speech places discourse may occur free restrictions sense government always retains authority close public forum selling property changing physical character changing principal use otherwise state prohibited closing park eliminating street sidewalk one understood public forum doctrine require difference property protected public forum state may fiat assert broad control speech expressive activities must alter objective physical character uses property bear attendant costs change property forum status analysis evident public spaces port authority airports public forums first district made detailed findings regarding physical similarities port authority airports public streets sdny findings show public spaces airports broad public thoroughfares full people lined stores commercial activities airport corridor course street proper inquiry question one physical similarities sufficient suggest airport corridor public forum reasons streets sidewalks treated public forums people use second airport areas involved open public without restriction ibid plaintiffs seek access secured areas airports suggest areas public forums people come port authority airports reason related air travel either passengers picking dropping passengers distinguish airport streets sidewalks people use travel see supra group visiting airports encompasses vast portion public authority three airports served million passengers breadth extent public use airports makes imperative protect speech rights course airport operators retain authority restrict public access necessary instance respond special security concerns port authority allows uses open access airports shown record argue vestigial power change practices bars conclusion airports public forums power bulldoze park bars finding public forum exists long open use third perhaps important apparent record recent history airports adequate time place manner regulations place expressive activity quite compatible uses major airports port authority primary argument contrary problem congestion airports corridors makes expressive activity inconsistent airports primary purpose facilitate air travel first amendment often inconvenient beside point inconvenience absolve government obligation tolerate speech authority makes showing real impediments smooth functioning airports cured reasonable time place manner regulations fact history authority airports well major airports country leaves little doubt solution quite feasible port authority many years permitted expressive activities petitioners others without apparent interference ability meet transportation purposes app see also ante opinion federal aviation authority operation airports nation capital issued rules allow regulated expressive activity within specified areas without suggestion speech incompatible airports business cfr fact expressive activity commonplace feature nation major airports many years part wide consensus among courts appeals prior decision case public spaces airports public forums see chicago area military project chicago cert denied fernandes limmer cert dism southwest trade cultural council app jews jesus board airport aff grounds jamison louis cert denied district recognized logical consequence port authority congestion argument crowded streets sidewalks major cities public forums problems dealt past settings proper time place manner restrictions port authority make showing similar regulations effective airports port authority makes argument special security concerns associated airports suggest public forums position belied unlimited public access authority allows airports access demonstrates port authority consider general public pose serious security threat evidence record persons engaged expressive activities different danger allowing government suppress speech shown case us grant plenary power allows government tilt dialog heard public exclude many marginal voices first challenged port authority regulation establishes flat prohibition sale distribution flyers brochures pamphlets books printed written material conducted within airport terminal continuous repetitive manner long recognized right distribute flyers literature lies heart liberties guaranteed speech press clauses first amendment see schneider state town irvington murdock pennsylvania port authority rule prohibits almost activity among restrictive possible liberties regulation fact broad restrictive speech justice finds void even standards applicable government regulations nonpublic forums ante difficulty deciding regulation survive far stringent rules applicable regulations public forums regulation drawn narrow terms leave open ample alternative channels communication see ward rock racism port authority concerns problem congestion addressed narrow restrictions time place expressive activity see ante opinion strike regulation unconstitutional restriction speech ii view however port authority ban solicitation receipt funds within airport terminals upheld standards applicable speech regulations public forums regulation may upheld either reasonable time place manner restriction regulation directed nonspeech element expressive conduct two standards considerable overlap case like one well settled even public forum government may impose reasonable restrictions time place manner protected speech provided restrictions justified without reference content regulated speech narrowly tailored serve significant governmental interest leave open ample alternative channels communication information ward supra quoting clark community creative held government appropriate circumstances may regulate conduct even conduct expressive component several recent cases recognized standards assessing time place manner restrictions little different standards applicable regulations conduct expressive component clark supra ward supra barnes glen theatre plurality opinion see generally kalven arguing speech contains elements conduct may regulated confluence two tests well demonstrated case like government regulation issue described equal accuracy regulation manner expression regulation conduct expressive component full agreement statement solicitation form protected speech ante see also riley national federation blind schaumburg citizens better environment murdock pennsylvania supra port authority solicitation regulation prohibited speech requested contribution funds conclude direct restriction speech clear violation first amendment authority regulation prohibit solicitation however prohibits solicitation receipt funds understand regulation prohibit speech solicits funds reaches personal solicitations immediate payment money otherwise receipt funds phrase written provision regulation cover example distribution preaddressed envelopes along plea contribute money distributor organization understand restriction directed physical exchange money element conduct interwoven otherwise expressive solicitation words regulation permits expression solicits funds limits manner expression forms immediate receipt money viewed believe port authority rule survives test speech restrictions public forum solicitation funds combined immediate receipt money creates risk fraud duress well recognized different kind forms expression conduct travelers unfamiliar airport perhaps even unfamiliar country customs language easy prey money solicitor agree full discussion dangers ante ante opinion add precedents well actions coordinate branches government support conclusion past recognized solicitation associated coercive fraudulent conduct cantwell connecticut riley supra heffron international soc krishna consciousness brennan concurring part dissenting part schaumburg supra addition federal government adopted regulations acknowledge respond serious problems associated solicitation national park service enacted flat ban direct solicitation money parks nation capital within control cfr see also kokinda kennedy concurring judgment also federal aviation authority administration airports washington even permitting solicitation funds adopted special rules prevent coercive harassing repetitious behavior cfr commercial sphere federal trade commission long held constitutes unfair deceptive act practice make sale without allowing buyer period time may cancel sale cfr measures based recognition requests immediate payment money create strong potential fraud undue pressure part lack time reflection recounts questionable practices associated solicitation include targeting vulnerable easily coerced persons misrepresentation solicitor cause outright theft ante see also international soc krishna consciousness barber ndny rev grounds port authority solicitation ban directed abusive practices particular message idea form speech regulation rule serving significant government interest held rule must assessed based whether justified without reference content regulated speech ward quoting clark emphasis original apparent justification solicitation ban unrelated content speech identity speaker also doubt prevention fraud duress significant government interest government course prohibit speech sole reason concerned speech may fraudulent schaumburg port authority regulation recognizes risk fraud duress intensified particular conduct immediate exchange money addresses conduct recognized narrowly drawn regulations fact proper means addressing dangers associated speech ibid riley supra survive scrutiny regulation must drawn narrow terms accomplish end leave open ample alternative channels communication regarding former requirement held narrowly tailored regulation need least restrictive least intrusive means achieving end regulation must reasonable must burden substantially speech necessary ward supra standard solicitation ban survives ease prohibits solicitation money immediate receipt regulation burden broader category speech expressive conduct source evil sought avoided fact regulation even narrow prohibits behavior conducted continuous repetitive manner port authority made reasonable judgment type conduct raises serious concerns entitled deference conclusion altered fact means example regulations adopted federal aviation authority govern airports may available address problems associated solicitation existence less intrusive means decisive cases limit government regulatory flexibility see ward supra little difficulty deciding port authority left open ample alternative channels communication message aspect solicitation already discussed see supra authority rule prohibit solicitation funds restricts manner solicitation conduct associated solicitation prohibit immediate receipt solicited money requests money continue permitted course requesting money solicitors may explain cause purposes organization without violating regulation solicitor accepts immediate payment violation occurs thus solicitor continue disseminate message example distributing preaddressed envelopes potential contributors may mail donations see supra much said solicitation funds may seem apply sale literature differences two activities sufficient significance require distinguished constitutional purposes port authority flat ban distribution sale printed material must view fall entirety see supra application time place manner test ban sales leads result quite different solicitation ban one government interest regulating sales literature powerful case solicitation danger fraud arising sales much limited pure solicitation case sale nature exchange tends clearer parties also port authority sale regulation narrowly drawn solicitation rule since specify receipt money critical element violation perhaps important flat ban sales literature leaves open fewer alternative channels communication port authority limited prohibition solicitation receipt funds given practicalities ad hoc nature much expressive activity public forum sales literature must completed one transaction workable attempting collect money another time place far less plausible option context sale soliciting donations literature sought sold normal circumstances distributed within forum distinctions recognized national park service permits sale distribution literature prohibiting solicitation supra cfr thus port authority regulation allows practical means advocates organizations sell literature within public forums airports must balanced great need recognized precedents give sale literature full first amendment protection long recognized prohibit distribution literature mere reason sold leave organizations seeking spread message without funds operate remembered pamphlets thomas paine distributed free charge murdock see also schaumburg supra discussing cases effect rule law distinguishing sales distribution close marketplace ideas less affluent organizations speakers leaving speech preserve able fund one primary purposes public forum provide persons lack access sophisticated media opportunity speak prohibition sales forecloses opportunity persons need arguments might made regarding solicitation funds answer port authority prohibited solicitation narrow class conduct associated particular manner solicitation reasons agree appeals affirmed full finding port authority ban distribution sale literature unconstitutional upholding prohibition solicitation immediate receipt funds opinion applies also lee international soc krishna consciousness post justice souter justice blackmun justice stevens join concurring judgment post dissenting join part justice kennedy opinion judgment affirmance agree justice kennedy view rule determine public forum conclusion public areas airports issue qualify designation given piece public property traditional public forum must merely state conclusion property falls within static category including streets parks sidewalks perhaps much must represent conclusion property different principle examples previously described archetypes property government powerless exclude speech see frisby schultz treat class forums closed description traditional taking word merely charter examining history particular public property claimed forum warrant constitution whose values left behind city streets longer focus community life line direction might well abandon public forum doctrine altogether scylla without charybdis public forum analysis stultified treating archetypes closed categories treating candidates categorically defeat identification archetypes need say transportation nodes airports public forums order find certain metropolitan airports thus enquiry may must relate particular property issue necessarily precise classification property see ante kennedy concurring judgment true property types invariably public forums particularized inquiry precise nature specific street necessary public streets held public trust properly considered traditional public fora frisby supra find one example certain property type airports post offices etc public forum rule properties sort cf kokinda plurality opinion implicitly rejecting categorical approach examining whether postal sidewalk issue characteristics public sidewalks traditionally open expressive activity one imagine public airport size design need extraordinary security render expressive activity incompatible normal use reason conclude one usual variety metropolitan airports public forum also agree justice kennedy statement public forum principle classify public forum piece public property suitable discourse physical character expressive activity compatible use actually put see ante opinion concurring judgment see also grayned rockford crucial question whether manner expression basically incompatible normal activity particular place particular time ante concurring concurring judgment finding ban sale distribution leaflets must struck ecause see peaceful pamphleteering incompatible multipurpose environment port authority airports concluding regulations leafletting may thus upheld pass scrutiny test restrictions time place manner speech applying test difficulty concluding unleased public areas airports like metropolitan new york airports issue cases public forums ii conclusion however sustaining total ban solicitation money immediate payment respectfully dissent held solicitation money charities fully protected dissemination ideas see riley national federation blind secretary state maryland joseph munson schaumburg citizen better environment axiomatic although fraudulent misrepresentation facts regulated dissemination ideas regulated prevent unfair unreasonable riley national federation blind scalia concurring part concurring judgment citations omitted even assume arguendo ban petitioners activity issue merely restriction manner communication regulation must struck failure satisfy requirements narrow tailoring significant state interest see clark community creative availability ample alternative channels communication virginia state bd pharmacy virginia citizen consumer council justice kennedy opinion indicates respondent comes closest justifying restriction one furthering government interest preventing coercion fraud claim preventing coercion weak start solicitor insistent pedestrian street airport concourse simply walk away walk event held far coercive context one black boycott white stores claiborne county mississippi peech lose protected character simply may embarrass others coerce action naacp claiborne hardware see also organization better austin keefe claim expressions intended exercise coercive impact respondent remove reach first amendment petitioners plainly intended influence respondent conduct activities fundamentally different function newspaper since evidence type coercive conduct merely importunate character open public solicitation might justify ban see claiborne hardware supra regulation sustained avoid coercion fraud cases provide government plenary authority ban solicitation fraudulent broad prophylactic rules area free expression suspect naacp button laudable intent prevent fraud required sustain present ban see schaumburg citizens better environment village consistently first amendment may label groups fraudulent bar canvassing streets house house riley supra evidence fraudulent conduct virtually nonexistent consists one affidavit describing eight complaints none substantiated involving form fraud deception larceny entire period regulation issue agreement enforced see brief respondent brief petitioners petitioners claim respondent dispute port authority calculation single claim fraud misrepresentation since ibid facts respondent brief ominous adding port authority also aware members international society krishna consciousness engaged misconduct elsewhere brief respondent precisely type vague unsubstantiated allegation never support restriction speech finally fact governmental bodies also enacted restrictions solicitation places see cfr evidence fraudulent conduct even assuming governmental interest adequate justify regulation present ban fall subjected requirement narrow tailoring see riley supra schaumburg supra village may serve legitimate interests must narrowly drawn regulations designed serve interests without unnecessarily interfering first amendment freedoms precision regulation must touchstone button supra thus schaumburg said village legitimate interest preventing fraud better served measures less intrusive direct prohibition solicitation fraudulent misrepresentations prohibited penal laws used punish conduct directly efforts promote disclosure finances charitable organizations also may assist preventing fraud informing public ways contributions employed measures may help make contribution decisions informed leaving individual choice page decision whether contribute citations footnotes omitted contrast prophylactic imprecise unduly burdensome rule state adopted reduce alleged donor misperception benign narrowly tailored options available example general rule state may publish detailed financial disclosure forms requires professional fundraisers file procedure communicate desired information public without burdening speaker unwanted speech course solicitation alternatively state may vigorously enforce antifraud laws prohibit professional fundraisers obtaining money false pretenses making false statements accordingly reverse judgment appeals strike ban solicitation respondent also attempts justify regulation alternative basis interference air travelers referring particular problems annoyance congestion brief respondent first amendment inevitably requires people put annoyance uninvited persuasion indeed cases need scrutinize restrictions speech special care degree congestion public spaces airports probably comparable public streets fairground described heffron international soc krishna consciousness consequently congestion argument held justify regulation confining solicitation fixed location less force see may conclusion majority today constitution forbids ban sale well distribution leaflets puts rest respondent argument congestion justifies total ban solicitation may course congested locations solicitation severely compromise efficient flow pedestrians proper response tailor restrictions choke points