greer spock argued november decided march fort dix federal military reservation devoted primarily basic training newly inducted army personnel government exercises exclusive jurisdiction permits free civilian access certain unrestricted areas however post regulations ban speeches demonstrations partisan political nature also prohibit distribution literature without prior approval post headquarters pursuant regulations commanding officer fort dix rejected request respondent candidates president vice president distribute campaign literature hold political meeting post respondents evicted several occasions distributing literature previously approved barred post respondents brought suit enjoin enforcement regulations ground violated first fifth amendments district issued injunction prohibiting military authorities interfering making political speeches distribution leaflets areas fort dix open general public appeals affirmed held regulations constitutionally invalid face since constitution basic function military installation like fort dix train soldiers provide public forum since necessary concomitant basic function commanding officer historically unquestioned power exclude civilians area command notion federal military installations like municipal streets parks traditionally served place free public assembly communication thoughts private citizens false therefore respondents generalized constitutional right make political speeches distribute leaflets fort dix flower distinguished pp regulations unconstitutionally applied circumstances case pp regulation banning political speeches demonstrations claim military authorities discriminated way among candidates based upon candidates supposed political views contrary appears fort dix policy objectively evenhandedly applied keeping official military activities wholly free entanglement partisan political campaigns policy post constitutionally free pursue pp regulation governing distribution literature military commander may disapprove publications perceives clearly endanger loyalty discipline morale troops base command regulation might future applied irrationally invidiously arbitrarily none respondents even submitted material review noncandidate respondents excluded post previously distributed literature without attempting obtain approval stewart delivered opinion burger white blackmun powell rehnquist joined burger filed concurring opinion post powell filed concurring opinion part iii burger joined post brennan filed dissenting opinion marshall joined post marshall filed dissenting opinion post stevens took part consideration decision case solicitor general bork argued cause petitioners brief assistant attorney general lee deputy solicitor general randolph robert kopp anthony steinmeyer david kairys argued cause filed brief respondents norman dorsen melvin wulf joel gora filed brief american civil liberties union et al amici curiae urging affirmance justice stewart delivered opinion fort dix military reservation army post located predominantly rural area central new jersey primary mission provide basic combat training newly inducted army personnel accordingly square miles devoted military training activities federal government exercises exclusive jurisdiction entire area within fort dix including state county roads pass civilian vehicular traffic permitted paved roads within reservation civilian pedestrian traffic permitted roads footpaths military police regularly patrol roads within reservation occasionally stop civilians ask reason presence signs posted roads leading reservation state vehicles subject search fort dix military reservation soliciting prohibited unless approved commanding general main entrances fort dix normally guarded sign one entrances says visitors welcome civilians freely permitted visit unrestricted areas reservation civilian speakers occasionally invited base address military personnel subjects talks ranged business management drug abuse visiting clergymen invitation participated religious services base chapel theatrical exhibitions musical productions also presented base speeches demonstrations partisan political nature however banned fort dix reg provides emonstrations picketing protest marches political speeches similar activities prohibited conducted fort dix military reservation regulation rigidly enforced prior litigation political campaign speech ever given fort dix restrictions also placed another type expressive activity fort dix reg provides distribution posting publication including newspapers magazines handbills flyers circulars pamphlets writings issued published otherwise prepared person persons agency agencies prohibited fort dix military reservation without prior written approval adjutant general headquarters respondents benjamin spock julius hobson candidates people party offices president vice president linda jenness andrew pulley candidates socialist workers party offices september spock hobson jenness pulley wrote joint letter major general bert david commanding officer fort dix informing intention enter reservation september purpose distributing campaign literature holding meeting discuss election issues service personnel dependents september general david rejected candidates request relying fort dix regs four respondents ginaven misch hardy stanton evicted fort dix various occasions distributing literature previously approved pursuant fort dix reg barred fort dix advised result criminal prosecution september respondents filed suit district district new jersey enjoin enforcement fort dix regulations governing political campaigning distribution literature upon ground regulations violated first fifth amendments constitution district denied preliminary injunction spock david supp appeals reversed order directed preliminary injunctive relief granted respondents spock hobson jenness pulley spock david pursuant judgment respondent spock conducted campaign rally fort dix parking lot november district subsequently issued permanent injunction prohibiting military authorities interfering making political speeches distribution leaflets areas fort dix open general public appeals affirmed final judgment spock david granted certiorari consider important federal questions presented reaching conclusion respondents prevented entering fort dix purpose making political speeches distributing leaflets appeals relied primarily per curiam opinion flower flower case summarily reversed conviction civilian entering military reservation ordered time arrest petitioner case quietly distributing leaflets new braunfels avenue point within limits fort sam houston san antonio texas ibid decision reversing conviction made without benefit briefing oral argument rested upon premise new braunfels avenue completely open street military abandoned claim special interests walks talks distributes leaflets avenue circumstances base commandant order petitioner public street distributing leaflets city police order leaflete public street ibid decision flower thus based upon understanding new braunfels avenue public thoroughfare san antonio different public thoroughfares city military abandoned right exclude civilian vehicular pedestrian traffic avenue also right exclude leafleteers claim special interests walks talks distributes leaflets avenue perceived flower case one simply falling constitutional rule blanket exclusion first amendment activity municipality open streets sidewalks parks reasons stated familiar words justice roberts hague cio wherever title streets parks may rest immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions use streets public places ancient times part privileges immunities rights liberties citizens privilege citizen use streets parks communication views national questions may regulated interest absolute relative must exercised subordination general comfort convenience consonance peace good order must guise regulation abridged denied appeals mistaken therefore thinking flower case understood announcing new principle constitutional law mistaken specifically thinking flower stands principle whenever members public permitted freely visit place owned operated government place becomes public forum purposes first amendment principle constitutional law never existed exist guarantees first amendment never meant people want propagandize protests views constitutional right whenever however wherever please adderley florida state less private owner property power preserve property control use lawfully dedicated see also cox louisiana cf pell procunier appeals present case find respondents contend fort dix authorities abandoned claim special interest regulating distribution unauthorized leaflets delivery campaign speeches political candidates within confines military reservation record fact indisputably contrary flower decision thus support judgment appeals case indeed flower decision looks precisely opposite direction flower case decided way military authorities abandoned claim special interests walks talks distributes leaflets avenue implication surely different result must obtain military reservation authorities abandoned claim conclusion clearly drawn flower assuredly conclusion drawn almost years american constitutional history one purposes constitution ordained established provide common defence years countless occasions recognized special constitutional function military national life function explicit indispensable short primary business armies navies fight ready fight wars occasion arise ex rel toth quarles consequently business military installation like fort dix train soldiers provide public forum necessary concomitant basic function military installation historically unquestioned power commanding officer summarily exclude civilians area command cafeteria workers mcelroy notion federal military reservations like municipal streets parks traditionally served place free public assembly communication thoughts private citizens thus historically constitutionally false respondents therefore generalized constitutional right make political speeches distribute leaflets fort dix follows fort dix regs constitutionally invalid face regulations moreover unconstitutionally applied circumstances disclosed record present case respect reg claim military authorities discriminated way among candidates public office based upon candidates supposed political views undisputed appearance respondent spock fort dix november result order candidate political stripe ever permitted campaign record shows therefore considered fort dix policy objectively evenhandedly applied keeping official military activities wholly free entanglement partisan political campaigns kind policy members armed forces stationed fort dix wholly free individuals attend political rallies uniform base military insulated reality appearance acting handmaiden partisan political causes candidates policy wholly consistent american constitutional tradition politically neutral military establishment civilian control policy reflected numerous laws military regulations throughout history policy military authorities fort dix constitutionally free pursue respect reg emphasized authorize fort dix authorities prohibit distribution conventional political campaign literature publications military commander may disapprove finds constitute clear danger military loyalty discipline morale may prevent distribution publication simply like contents critical even unfairly critical government policies officials nothing constitution disables military commander acting avert perceives clear danger loyalty discipline morale troops base command possible course reg might future applied irrationally invidiously arbitrarily none respondents present case even submitted material review noncandidate respondents excluded fort dix previously distributed literature without even attempting obtain approval distribution case therefore simply raise question unconstitutional application regulation specific situation cf rescue army municipal reasons set opinion judgment reversed ordered footnotes exclusive jurisdiction land acquired hereby ceded purposes except service process issued courts state civil criminal proceeding whenever public road highway located wholly part within limits military reservation military authorities shall power within limits reservations police roads highways regulate traffic thereon exercise supervisory powers roads highways may deem necessary protect life property military reservations regulation permit fort dix authorities prohibit distribution conventional political campaign literature post regulation issued conformity army reg permission distribute publication may withheld appears dissemination publication presents clear danger loyalty discipline morale troops installation army regulation provides base commander decides withhold permission distribute publication shall inform next major commander headquarters department army request approval prohibit distribution publication particular issue thereof base commander may delay distribution publication question pending approval disapproval request army headquarters ibid department army letter dated june entitled guidance dissent gives examples materials commander need allow distributed publication obscene otherwise unlawful counselling disloyalty mutiny refusal duty commercial magazines newspapers distributed regular outlets post exchange newsstands need approved distribution army reg provide commander may delay department army may prohibit distribution particular issues publications official outlets see department army letter supra substantive standards restrictions applicable publications distributed official outlets army reg provision army reg allowing commanders halt distribution particular issues publications regular outlets appears inconsistent department defense directive iii provides commander authorized prohibit distribution specific issue publication official outlets post exchanges military libraries see note prior restraints military rev general david letter stated pertinent part request visit fort dix campaign among servicemen women denied several compelling reasons denial shall enumerate first lawful regulations effect prohibit political speeches similar activities fort dix military reservation fort dix regulation distribution literature without prior approval headquarters also prohibited fort dix regulation also department army regulations prohibit military personnel participating partisan political campaign prohibits sic appearing public demonstrations uniform mission assigned commanding general fort dix administer basic combat training approximately men given time men spend period eight weeks perform training vigorous schedules occupying virtually time position dilute quality training expanding schedules include time attend political campaigning speeches political campaigning fort dix help interfere training military missions decide otherwise also give appearance campaign supported official capacity feel prohibited candidate public office title provides hoever reenters found within military reservation removed therefrom ordered reenter officer person command charge thereof shall fined imprisoned six months appeals disturb denial preliminary relief four noncandidate respondents interests viewed directly connected upcoming presidential election promptly diligently pursued courts interests candidates make lesser showing immediate irreparable injury possibly lesser showing likelihood meeting jurisdictional amount district dismissed complaint jenness pulley constitutional age limits offices sought appeal part district judgment see supra const preamble see also art art ii illustrative recent decisions see schlesinger councilman schlesinger ballard parker levy bell ex rel toth quarles burns wilson orloff willoughby gusik schilder fact civilian speakers entertainers sometimes invited appear fort dix serve convert fort dix public forum confer upon political candidates first fifth amendment right conduct campaigns decision military authorities civilian lecture drug abuse religious service visiting preacher base chapel rock musical concert supportive military mission fort dix surely leave authorities powerless thereafter prevent civilian entering fort dix speak subject whatever cf jenness forbes supp ri members armed forces may polled person political party determine choice among candidates elective office unlawful solicit political contributions fort arsenal candidates federal office prohibited soliciting contributions military personnel commissioned officer armed forces may attempt influence member armed forces vote particular candidate officer armed forces may manner interfere freedom election state military officer may troops control place general special election held see also army reg army reg department army letter supra chief justice burger concurring concur opinion also part iii justice powell concurring opinion permitting political campaigning military bases cuts tradition keeping military separate political affairs tradition view constitutional corollary express provision civilian control military art ii constitution justice powell notes however fort dix reg least extent permits distribution political leaflets military bases justified implementing policy separation even consistent tradition separation agree regulation insofar permits military commander avert clear threat loyalty discipline morale command justified requirements military life mission armed forces commander achieve goal another way well banning distribution base political leaflets hard question whether constitution requires ban distributions order preserve separation military politics although dangers permitting distribution political materials military base dangers less magnitude narrower scope dangers involved requiring military permit political rallies campaigning base risk soldiers become identified particular candidate example less leaflet handed meetings political rallies held differences substantial enough decision whether permit conventional political material distributed one properly committed judgment military authorities whether exercised judgment wisely promulgating regulation us add note caution history demonstrates think real threat independence neutrality military need maintain nearly possible true wall separation comes kind literature fall within prohibition reg risk military commander might attempt deliver men votes candidate record notes presents issue discriminatory improper enforcement taken indication issue one serious dimensions little century ago officers armed forces combat sought exercise undue influence either president lincoln opponent general mcclellan election justice powell concurring join opinion express additional thoughts case presents question whether campaign activities distribution literature causes military base regulated even prohibited unique character government property upon expression take place candidate respondents propose use streets areas fort dix open public partisan political rallies handbilling noncandidate respondents seek distribute literature areas without prior approval fort dix officials although prior decision directly point appropriate framework analysis settled justice brennan dissenting opinion today recognizes first amendment rights absolute circumstances may circumscribed necessary sufficiently strong public interest see pell procunier adderley florida cox louisiana decisions properly emphasize significant restriction first amendment freedoms carries heavy burden justification see buckley valeo ante grayned city rockford approach analogous must employed case described grayned city rockford supra inquire whether manner expression basically incompatible normal activity particular place particular time see also pell procunier supra tinker des moines school district tinker demonstrates sufficient area right expression sought exercised dedicated purpose use public forum even primary business carried area may disturbed unpopular viewpoint expressed inquiry must carefully addressed intrusion specific activity involved degree infringement first amendment rights private parties basic incompatibility must discerned communication primary activity area case deal civilian expression domain military fort dix area property owned government dedicated public purpose also enclave system stands apart outside many rules govern ordinary civilian life country military organization constructed along democratic lines military activities governed democratic procedures military institutions necessarily far authoritarian military decisions made vote interested participants existence two systems military civilian mean constitutional safeguards including first amendment application within military sphere means rules must somewhat different emerson system freedom expression ii turn first fort dix ban political activities rallies within environs base majority concluded legitimate interests public maintaining reality appearance political neutrality armed services case outweigh interests political candidates servicemen audience availability military base campaign activities may useful elaborate identification interests case bears similarity csc letter carriers case held limitations partisan political activities federal employees justified necessary insure government employees fact execute laws impartially appear public confidence system representative government eroded disastrous extent emphasized limitations narrowly drawn leaving federal employees free vote choose express opinions political subjects candidates case mindful equally strong tradition nearly two centuries old maintaining noninvolvement military politics pointed tradition buttressed numerous federal laws military regulations ante overriding reason preserving neutrality noted justice brennan dissenting opinion lesson ancient modern history major socially destabilizing influence many european south american countries highly politicized military post exclusion political rallies campaigning military base furthers appearance reality political neutrality part military exclusion example makes less likely candidates fashion partisan appeals addressed members armed services rather public large whereas compelling bases open campaigning invite appeals traditionally candidates office observed scrupulously principle politically neutral military sought identify canvass military vote one candidate commences tour military bases sends supporters purpose others may feel compelled follow temptation focus issues specifically appeal military personnel difficult resist even direct appeals military audience made mere fact one party candidate consistently draws large crowds military bases another attracts spotty attendance probably interpreted news media civilian public indicating military supports one opposed questions also arise whether pressures direct indirect support one candidate rally generously another exerted commanders enlisted personnel partisan political organizing soliciting soldiers within base may follow public interest preserving separation military partisan politics places campaign activities bases unique position unlike normal civilian pedestrian vehicular traffic permitted freely fort dix campaigning may seriously impinge upon separate neutral status armed services society time infringement individual first amendment rights candidates servicemen limited narrowly protection particular government interest involved political communications reach military personnel bases every form except delivered person candidate supporters agents prohibition apply television radio newspapers magazines direct mail prohibition handing leaflets holding campaign rallies outside limits base soldiers may attend offbase rallies long uniform candidates therefore alternative means communicating live work fort servicemen isolated information need exercise responsibilities citizens voters national policy preserve distinction role soldier citizen see regulations cited ante reasonable place draw line political activities military bases elsewhere military enclave kept free partisan influences individual servicemen isolated participation citizens democratic process sum public interest insuring political neutrality military justifies limited infringement first amendment rights imposed fort dix authorities iii noncandidate respondents contest fort dix regulation requiring prior approval handbill pamphlet leaflet literature even nonpartisan distribution base public interest military neutrality issue restriction limited directed another concern army reg permission denied dissemination literature poses danger loyalty discipline morale troops regulation responsive unique need military insist upon respect duty discipline without counterpart civilian life schlesinger councilman said parker levy fundamental necessity obedience consequent necessity imposition discipline may render permissible within military constitutionally impermissible outside concern morale discipline particularly strong primary function base provide basic combat training new recruits basic training period especially difficult one newly inducted serviceman must learn subordination desires interests individual needs service orloff willoughby first four weeks program recruit must remain base military interest preserving relatively isolated sanctuary period justifies limited restraints placed upon distribution literature although recruits may exposed media perhaps mail views civilian circulation persuasion someone urges say refusal obey superior officer command immediacy impact found reading papers watching television points occasion consider whether regulation misapplied whether adequate procedural safeguards case adverse decision noncandidate respondents made effort obtain approval agree holding today inconsistent decision flower stressed area petitioner distributed leaflets important traffic artery city san antonio equivalent every relevant respect city street circumstances exercise first amendment activities along thoroughfare incompatible neutrality disciplinary goals base proper fort dix contrast discrete military training enclave predominately rural area fort dix reg prohibits emonstrations picketing protest marches political speeches similar activities clear whether similar activities include distribution leaflets partisan political content find difficult draw principled distinction terms neutrality interests outlined small rally street walking campaign candidate handing campaign literature candidate supporter therefore assume purposes discussion reg applies partisan activity course base authorities permit candidate supporters engage personal politicking base interest military neutrality require candidates supporters allowed base authorities select among candidates permit supporters canvass base without engaging improper partiality indication record however fort dix authorities ever permitted partisan appeals take place base justice brennan justice marshall concurs dissenting four years ago summary decision presented little difficulty members held peaceful leafleteer excluded main street military installation civilian public permitted virtually unrestricted access despite decision flower today denies access desirous distributing leaflets holding political rally similarly unrestricted streets parking lots another military base attempts distinguish flower case attempt wholly unconvincing facts rationale therefore dissent according record indisputably contrary flower ante flower relied following characterization fort sam houston military fort involved main street holding peaceful leafleteer excluded street sentry post guard either entrance anywhere along route traffic flows post streets hours day traffic count conducted new braunfels avenue january director transportation city san antonio shows daily vehicular count south grayson street place street enters post boundary vehicles daily north point street important traffic artery used freely buses taxi cabs public transportation facilities well private vehicles sidewalks used extensively hours day civilians well military personnel fort sam houston open post street new braunfels avenue completely open street quoting flower simpson dissenting inconsistent results flower case notwithstanding clear rationale today decision despite flower longer room circumstance unapproved exercise public expression military base opinion speaks absolutes exalting need military preparedness admitting careful solicitous accommodation first amendment interests competing concerns concede substantial parades general propositions useless precise resolution problem hand according primary business armies navies fight ready fight wars occasion arise ex rel toth quarles ante consequently business military installation like fort dix train soldiers provide public forum ante training soldiers practical matter require exclusion publicly express views streets theater parking lots open general public readiness fight require exclusion unless course battlefields streets parking lots war one ideologies men similar unenlightening generality observes one purposes constitution ordained established provide common defence years countless occasions recognized special constitutional function military national life function explicit indispensable ante overlooks equally compelling generalization paraphrase one purposes first amendment adopted secure blessings liberty posterity years countless occasions recognized special constitutional function first amendment national life function explicit indispensable despite oversight recent lessons history mean anything first amendment evaporate mere intonation interests national defense military necessity domestic security interests invoked talismanic incantation support exercise power robel see new york times cases interests advanced inquiry whether exercise first amendment rights necessarily must circumscribed order secure interests principle reaffirmed recently buckley valeo ante permitted significant interference first amendment freedoms order secure country eminent interest integrity political process even required employment means closely drawn avoid unnecessary abridgment ante requirement cogently expressed supported chief justice burger writing separately buckley seem agree whatever legitimate public interests area proper analysis requires us scrutinize precise means employed implement interest balancing test used requires fair recognition given competing interests respect suggest failed give traditional standing first amendment values stake specifically failed confine particular exercise governmental power within limits reasonably required every case power regulate must exercised attaining permissible end unduly infringe protected freedom cantwell connecticut unduly must mean necessary today recognized criterion first amendment cases area first amendment freedoms government duty confine least intrusive regulations adequate purpose lamont postmaster general brennan concurring emphasis added similarly said ven though governmental purpose legitimate substantial purpose pursued means broadly stifle fundamental personal liberties end narrowly achieved breadth legislative abridgment must viewed light less drastic means achieving basic purpose shelton tucker stewart ante concurring dissenting fourth amendment absolute terms task examine balance basic values stake case duty government protect domestic security potential danger posed unreasonable surveillance individual privacy free expression legitimate need government safeguard domestic security requires use electronic surveillance question whether needs citizens privacy free expression may better protected requiring warrant surveillance undertaken must also ask whether warrant requirement unduly frustrate efforts government protect acts subversion overthrow directed emphasis supplied finally pell procunier required even penal institutions first amendment interests must analyzed terms legitimate policies goals corrections system accordingly abandon extensive analysis need restrictive prison regulation challenged even though central corrections goals institutional consideration internal security within corrections facilities today however gives consideration whether actually necessary exclude unapproved public expression military installation circumstances particularly whether exclusion required expression involved requires careful composition interests stake yet also observed pell ourts abdicate constitutional responsibility delineate protect fundamental liberties first amendment principles especially demand less true principles unlike treatment military interests respondents position first amendment unbending contrary intimations today decision contend guarantees first amendment mean people want propagandize protests views constitutional right whenever however wherever please ante respondents spock hobson initial letter fort dix commander indicating intent campaign base also indicated unequivocal terms willingness confine rally times places might reasonably designated petitioners respondents sought distribute leaflets unrestricted areas contrary intimations today decision respondents go far contend appeals think whenever members public permitted freely visit place owned operated government place becomes public forum purposes first amendment ante federal military reservations like municipal streets parks traditionally served place free public assembly communication thoughts private citizens ante respondents carefully appropriately distinguish military base considered whole portions military base open public respondents go far contend open places constitute public forum also need go far flower never went far find fort sam houston public streets public forum moreover determination locale public forum never erected absolute prerequisite forms demonstrative first amendment activity short today decision serves answer set broad falsely formulated issues fails provide careful consideration interests deserved first amendment bears special note notion public forum never touchstone public expression contrary approach blinds possible accommodation first amendment values case brown louisiana example first amendment protected use public library site silent peaceful protest five young black men discrimination finding library public forum similarly edwards south carolina first amendment protected demonstration grounds state capital building never expressly determined grounds constituted public forum tinker des moines school first amendment shielded students schoolroom antiwar protest consisting wearing black armbands moreover none opinions expressly characterized locales public forums really gone far careful reading opinions reveals characterizations always qualified indicating every conceivable form public expression protected see southeastern promotions conrad police dept chicago mosley cox new hampshire hague cio cases permitting public expression without characterizing locale involved public forum together cases recognizing existence public forum albeit qualifiedly evidence desirability flexible approach determining public expression protected realizing permissibility certain form public expression given locale may differ depending whether asked locale public forum form expression compatible activities occurring locale becomes apparent need flexible approach otherwise rigid characterization given locale public forum danger certain forms public speech locale may suppressed even though basically compatible activities otherwise occurring locale forum approach public speech blind proper regard first amendment interests also forecloses regard studied misperception nature inquiry required flower particular found controlling flower determination military command fort sam houston abandoned claim special interests walks talks distributes leaflets avenue say virtually unrestricted admission public certain areas fort indicated exercise public expression areas distributing pamphlets interfere military interests absent interference justification selectively excluding every form public expression particularly form disruptive civilian traffic already permitted abandonment required flower tantamount wholesale abdication control rather yielding base property use exercise challenged form public expression inconsistent thus contrary inaccurate reformulation flower go far require military abandon right exclude civilian vehicular pedestrian traffic ante abandon claim special interest regulating public expression expression permitted ante military certainly retain right exclude civilian traffic choose freely admit traffic save traffic ideas military certainly retain interest reasonably regulating absolutely excluding public expression government power preserve property control use lawfully dedicated adderley florida quoted ante provided property remains dedicated applied case foregoing considerations require activities proposed respondents permitted streets lots unrestricted civilian traffic areas differ nature use city streets lots open speech long protected hague cio supra credible claim distributing leaflets areas impair significant degree government interests training recruits broadly national defense see district case therefore unlike adderley florida supra though held first amendment protect civil rights demonstration conducted jailhouse driveway careful observe particular jail entrance driveway normally used public jail custodian objected demonstrators presence part jail grounds reserved jail uses unlike distributing leaflets political rallies present difficulty potential disruption even unrestricted areas rally disruptive usual activities unrestricted area say necessarily disruptive significantly impair training defense thereby requiring prohibition additionally recognized quite disruptive forms public expression protected first amendment see edwards south carolina terminiello chicago cantwell connecticut view respondents willingness submit reasonable regulation time place manner hardly may argued fort dix purpose threatened without said respondents proposed rally impermissible answer say commander military installation historically unquestioned power exclude civilians area command cafeteria restaurant workers mcelroy reliance proposition cafeteria workers misplaced case concerned procedural requisites revocation security clearance military base range permissible justifications revocation thereby exclusion indeed privilege doctrine upon rested sweeping powers suggested case long since repudiated board regents roth important decision specifically recognized government constrained specific constitutional limitations even exercise proprietary military functions interference fort functions public expression differ presented activities unrestricted areas fort command may preclude expression congress may enact regulation providing republican jew negro shall appointed federal office quoting public workers mitchell similarly answer say proposed activities case may excluded similar forms expression evenhandedly excluded evenhanded exclusion public expression pass constitutional muster evenhanded exclusion roman catholics event assertion evenhanded exclusion fact case implicitly concedes ante instances privilege engaging public expression fort advanced additionally prohibiting distribution leaflets justified ground expression presents clear danger military loyalty discipline morale ante standard preclusion face line precedents constitutionally inadequate long ago departed clear present danger test limiting free expression see hess indiana brandenburg ohio edwards south carolina supra scales yates dennis yet today without reason fully reinstate test indeed require danger clear even present ante justice holmes observed dissent better half century ago present danger immediate evil intent bring warrants setting limit expression opinion abrams emergency makes immediately dangerous leave correction evil counsels time warrants making exception first amendment accepting moment however validity clear danger test see opinion demonstrate clear danger presented case one seriously contended activities involved presented danger military loyalty discipline morale response showing required case respondents failed furnish prior approval material proposed distribution suffice first note view essentially blanket preclusion public expression military installations unnecessary reach issue save extent unwittingly concedes tenuousness total ban alexander louisiana ashwander tva brandeis concurring see rescue army municipal important however advancing justification engages rude refusal even acknowledge firmly fixed limitation governmental control first amendment activity afforded doctrine prior restraints illegality restraint sought imposed case obviated requirement respondents submit thereby risking irreparable injury first amendment interests see new york times brennan concurring freedman maryland requiring prior approval expressive material may distributed base constitutes system prior restraint freedman maryland supra times film chicago system bearing heavy presumption constitutional validity southeastern promotions conrad new york times supra near minnesota ex rel olson distaste censorship reflecting natural distaste free people law southeastern promotions conrad supra tacit approval prior restraint imposed fort dix reg therefore deeply disturbing approve procedure whose validity need even considered case also requires rebuttal heavy presumption validity seriously doubt presumption fall case first every prior restraint per se unconstitutional permissibility restraints thus far confined limited number contexts southeastern promotions conrad supra imposition prior restraints speech distribution literature public areas consistently rejected except extent restraints sought control time place circumstance rather content see police dept chicago mosley hague cio lovell city griffin similarly prior restraint reg place open areas fort dix second settled rule system prior restraint avoids constitutional infirmity takes place procedural safeguards designed obviate dangers censorship system southeastern promotions conrad supra quoting freedman maryland supra neither fort dix regulations applicable army department defense guidelines require prompt determination publications may distributed fort least therefore requirement fort commander promptly approve disapprove publications proposed distribution lest failure make determination effectively result censorship see blount rizzi southeastern promotions conrad supra freedman maryland supra final retreat justifying prohibitions upheld today principle military neutrality according military authorities fort dix free pursue american constitutional tradition politically neutral military ante agree military become political faction country lesson ancient modern history major socially destabilizing influence many european south american countries highly politicized military borders casuistry contend evenhandedly permitting public expression occur unrestricted portions military installation military viewed sanctioning causes espoused risk partisan involvement real apparent derives exercise choice case fort commander choice exclude respondents example inviting speakers furtherance fort religious program additionally well consider real system prior restraint operative fort dix fact literature distributed fort subject system fosters impression disseminated military imprimatur fundamentally however specter partiality vanish severing partisan contact naive believe organization including military value neutral interests purpose organization peculiarly affected national affairs becomes highly susceptible politicization reason precisely nature military organization tend toward end tendency facilitated action serves isolate organization members opportunity exposure moderating influence ideas particularly military organization activities pervade lives members reason unnecessary isolation erodes neutrality invites danger neutrality seeks avoid hudgens nlrb ante today decision recently moved narrow opportunities free expression society hudgens also preached institutional duty declare overruled case whose rationale survive succeeding case maintain duty recognize irreconcilability two decisions explain chooses one accepting moment perception duty note today declines overrule flower presume therefore meaningful distinction must exist decision today significant distinction remains cases flower private party innocuous leafleteer private parties include one country vociferous opponents exercise military power hardly distinction upon render decision circumscribing first amendment protections reasons affirm judgment appeals appendix opinion brennan dissenting support characterization record indisputably contrary points fort commander response respondent spock initial request campaign fort ante according commander refusal permit spock rally indicated military authorities abandoned claim special interests walks talks distributes leaflets see ante quoting flower commander response however came subsequent history unimpeded civilian access fort dix thus nature supports assertion military authorities abandoned claim arrest defendant flower preamble see also amdt see buckley valeo ante southeastern promotions conrad new york times cohen california brandenburg ohio new york times sullivan west virginia state bd educ barnette near minnesota ex rel olson indeed chief justice warren observed invalidating portion subversive activities control act unconstitutional abridgment first amendment right association concept national defense deemed end justifying exercise legislative power designed promote goal implicit term national defense notion defending values ideals set nation apart indeed ironic name national defense sanction subversion one liberties freedom association makes defense nation worthwhile robel went observe conclude contentions behalf complete exemption warrant requirement urged behalf president national security domestic implications merit careful consideration certainly reject lightly especially time worldwide ferment civil disorders country prevalent less turbulent periods history doubt pragmatic force government position think case made requested departure fourth amendment standards recognize constitutional basis president domestic security role think must exercised manner compatible fourth amendment case hold requires appropriate prior warrant procedure thus conclude government concerns justify departure case customary fourth amendment requirement judicial approval prior initiation search surveillance although added burden imposed upon attorney general inconvenience justified free society protect constitutional values think government domestic surveillance powers impaired significant degree concurring opinion brother powell properly recognizes least need careful inquiry cases completely disagree characterization need secure government interest politically neutral military interest protected prohibiting conduct symbolic incompatibility military base ante gather notion symbolic incompatibility brother powell means accord recognition interest neutrality interest qualitatively different immediate functional interest training recruits course quarrel recognition interest see infra recognition articulated brother powell devoid limiting principle contravene fundamentals first amendment jurisprudence many times held protected first amendment conduct symbolically incompatible activity upon impacted see spence washington procunier martinez west virginia state bd educ barnette indeed symbolisms many institutions subject criticisms held unassailably protected first amendment spock hobson letter dated september stated pertinent part presidential candidates intend visit fort dix campaign among servicemen servicewomen peoples party socialist workers party addressing special issues facing soldiers reason bringing respective campaigns wherever possible directly american recent decision allowing stationed new jersey register vote undoubtedly result increased number registered voters base increased interest presidential contest reason especially looking forward campaigning fort dix intention disrupt normal functioning base course abide reasonable restrictions time places campaigning perhaps like furnish us meeting hall facility post might address interested soldiers want distribute literature talk soldiers issues concern visit take place september questions concerning plans please contact us campaign offices app brief respondents see significantly observed tinker evidence whatever petitioners interference actual nascent schools work collision rights students secure let alone threat mission military officials able articulate consisted concerns distributing leaflets rally possibly create crowds engender partisan discussion start argument incite riots app system undifferentiated fear apprehension disturbance enough overcome right freedom expression tinker des moines school observes noncandidate respondents also excluded fort dix previously distributed literature without even attempting obtain approval distribution ante justification wholly inadequate assumes prior approval validly required first time respondents excluded argued text page assumption incorrect even correct failure sought approval clearly may justify exclusion approval sought subsequent occasion first prohibits unapproved excluded military base give base commander warrant excluding individuals future occasions second activity individuals seek subsequent approval protected first amendment fort commander may disapprove activity past transgression prohibit person convicted selling obscene material future sales lady chatterley lover demonstrator seeks use area serving inconsistent use however restraint permissible course prior absolute observed dissenting decision upholding preclusion political commercial advertisement municipally run buses endorsement opinion expressed advertisement motor coach attributable transit district view speaker public park city administration tenets organization using school property meetings local school board wirta costa transit district cal city introduced evidence demonstrating rapid transit passengers naively think otherwise though may lurking doubts favoritism ante held remote danger justify immediate crippling impact basic constitutional rights involved case williams rhodes lehman city shaker heights app testimony district officer representing commanding officer fort dix exemplary see well war vietnam deal mission oh yes well guess trying get true content proposed visitor intends say basis whether allowed come instance says intend urge soldiers use drugs said something base might favorably look going inform management principle aware mission yes speak war vietnam certainly forward mission content say basis whether approved yes great extent app appears highly likely military period increasingly diverge along variety dimensions mainstream developments general society moskos armed forces american society convergence divergence public opinion military establishment moskos ed military undergoing fundamental turning inward relations civilian structures american society ibid probability sustained internal agitation even questioning military system unlikely war southeast asia ends advent curtailed draft force military find membership much acquiescent established procedures organizational goals without broadly based civilian representation leavening effect recalcitrant servicemen drafted enlisted men rotc officers appears civilian institutions heading toward participative definition control military follow conventional authoritarian social organization brother powell concurrence correctly highlights case traditionally candidates office observed scrupulously principle politically neutral military sought identify canvass military vote ante believe however principle military neutrality goes far control content audience address political speech think poorer warrant abridging values protected first amendment tradition principle military neutrality concerned precluding exposure military political issues preventing military becoming political faction isolation political discourse selective exposure discourse see supra sure lthough recruits may exposed media perhaps mail views civilian circulation persuasion someone urges say refusal obey superior officer command immediacy impact found reading papers watching television ante allegation immediate threat base order perceive basis properly imputing threat illegal conduct respondent spock respondents justice marshall dissenting concur fully justice brennan dissent wish add separate words deeply concerned taken second step single day toward establishing doctrine military regulation evade searching constitutional scrutiny simply military belief however unsupportable may regulation appropriate never held remain faithful duty never hold constitution apply military yet opinions case middendorf henry holding right counsel inapplicable summary defendants go distressingly far toward deciding fundamental constitutional rights denied civilians servicemen whenever military thinks functioning enhanced first amendment infringement condones fundamentally inconsistent commitment nation constitution open society commitment surely calls far reasoned articulation governmental interests assertedly served challenged regulations reflected opinion unblinking deference military claim regulations appropriate sharply limited one guarantees makes nation worthy defended dissent