burson
freeman
argued
october
decided
may
respondent
freeman
treasurer
political
campaign
tennessee
filed
action
chancery
alleging
among
things
tennessee
code
prohibits
solicitation
votes
display
distribution
campaign
materials
within
feet
entrance
polling
place
limited
ability
communicate
voters
violation
inter
alia
first
fourteenth
amendments
dismissed
suit
state
reversed
ruling
state
compelling
interest
banning
activities
within
polling
place
premises
around
polling
place
thus
concluded
limit
narrowly
tailored
protect
least
restrictive
means
serve
state
interests
held
judgment
reversed
case
remanded
reversed
remanded
justice
blackmun
joined
chief
justice
justice
white
justice
kennedy
concluded
violate
first
fourteenth
amendments
pp
section
facially
restriction
political
speech
public
forum
thus
must
subjected
exacting
scrutiny
state
must
show
regulation
necessary
serve
compelling
state
interest
narrowly
drawn
achieve
end
case
presents
particularly
difficult
reconciliation
since
involves
conflict
exercise
right
engage
political
discourse
fundamental
right
vote
heart
country
democracy
pp
section
advances
tennessee
compelling
interests
preventing
voter
intimidation
election
fraud
substantial
consensus
among
restricted
zone
around
polling
places
necessary
serve
interest
protecting
right
vote
freely
effectively
real
question
large
restricted
zone
permissible
sufficiently
tailored
state
required
prove
empirically
election
regulation
perfectly
tailored
secure
compelling
interest
rather
legislatures
permitted
respond
potential
deficiencies
electoral
process
foresight
provided
response
reasonable
significantly
impinge
constitutionally
protected
rights
munro
socialist
workers
party
section
minor
geographical
limitation
constitute
significant
impingement
possible
measurable
distance
polls
governmental
regulation
vote
solicitation
effectively
become
impermissible
burden
first
amendment
tennessee
establishing
boundary
constitutional
side
line
pp
justice
scalia
concluded
constitutional
reasonable
regulation
nonpublic
forum
environs
polling
place
including
adjacent
streets
sidewalks
traditionally
devoted
assembly
debate
therefore
constitute
traditional
public
forum
cf
greer
spock
thus
speech
restrictions
need
subjected
exacting
scrutiny
analysis
pp
charles
burson
attorney
general
tennessee
petitioner
argued
cause
pro
se
briefs
john
knox
walkup
solicitor
general
andy
bennett
michael
catalano
deputy
attorneys
general
john
herbison
argued
cause
respondent
brief
alan
morrison
briefs
amici
curiae
urging
reversal
filed
state
arizona
et
al
kenneth
eikenberry
attorney
general
washington
james
johnson
senior
assistant
attorney
general
attorneys
general
respective
follows
grant
woods
arizona
gail
norton
colorado
richard
blumenthal
connecticut
robert
butterworth
florida
michael
bowers
georgia
warren
price
iii
hawaii
roland
burris
illinois
linley
pearson
indiana
bonnie
campbell
iowa
frederic
cowan
kentucky
michael
carpenter
maine
scott
harshbarger
massachusetts
frank
kelley
michigan
hubert
humphrey
iii
minnesota
william
webster
missouri
marc
racicot
montana
frankie
sue
del
papa
nevada
nicholas
spaeth
north
dakota
mark
barnett
south
dakota
paul
van
dam
utah
mary
sue
terry
virginia
mario
palumbo
west
virginia
national
conference
state
legislatures
et
al
richard
ruda
frederick
schafrick
justice
blackmun
announced
judgment
delivered
opinion
chief
justice
justice
white
justice
kennedy
join
years
ago
majority
opinion
written
justice
hugo
black
struck
state
law
made
crime
newspaper
editor
publish
editorial
election
day
urging
readers
vote
particular
way
mills
alabama
hesitate
denounce
statute
obvious
flagrant
abridgment
first
amendment
rights
quick
point
holding
way
involve
extent
state
power
regulate
conduct
around
polls
order
maintain
peace
order
decorum
today
confront
issue
carefully
left
open
mills
question
presented
whether
provision
tennessee
code
prohibits
solicitation
votes
display
distribution
campaign
materials
within
feet
entrance
polling
place
violates
first
fourteenth
amendments
state
tennessee
carved
zone
election
code
section
reads
pertinent
part
within
appropriate
boundary
established
subsection
feet
entrances
building
polling
place
located
display
campaign
posters
signs
campaign
materials
distribution
campaign
materials
solicitation
votes
person
political
party
position
question
prohibited
code
ann
supp
ii
respondent
mary
rebecca
freeman
candidate
office
tennessee
managed
local
campaigns
worked
actively
statewide
elections
treasurer
campaign
city
council
candidate
metropolitan
county
asserting
limited
ability
communicate
voters
respondent
brought
facial
challenge
statutes
davidson
county
chancery
sought
declaratory
judgment
provisions
unconstitutional
tennessee
constitutions
also
sought
permanent
injunction
enforcement
chancellor
ruled
statutes
violate
tennessee
constitutions
dismissed
respondent
suit
app
determined
reasonable
time
place
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compelling
state
interest
protecting
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process
alternative
channel
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exercise
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speech
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outside
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app
pet
cert
tennessee
vote
reversed
first
held
content
based
regulates
specific
subject
matter
solicitation
votes
display
distribution
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materials
certain
category
speakers
campaign
workers
held
statute
upheld
unless
burden
placed
free
speech
rights
justified
compelling
state
interest
ii
means
chosen
bear
substantial
relation
interest
least
intrusive
achieve
state
goals
tennessee
found
state
unquestionably
shown
compelling
interest
banning
solicitation
voters
distribution
campaign
materials
within
polling
place
concluded
state
shown
compelling
interest
regulating
premises
around
polling
place
accordingly
held
limit
narrowly
tailored
protect
demonstrated
interest
also
held
statute
least
restrictive
means
serve
state
interests
found
less
restrictive
current
tennessee
statutes
prohibiting
interference
election
use
violence
intimidation
prevent
voting
see
code
ann
supp
finally
noted
state
able
show
compelling
interest
preventing
congestion
disruption
entrances
polling
places
shorter
radius
might
perhaps
pass
constitutional
muster
importance
issue
granted
certiorari
reverse
tennessee
judgment
statute
violates
first
amendment
constitution
iii
first
amendment
provides
congress
shall
make
law
abridging
freedom
speech
thornhill
alabama
said
freedom
speech
secured
first
amendment
abridgment
among
fundamental
personal
rights
liberties
secured
persons
fourteenth
amendment
abridgment
state
tennessee
statute
implicates
three
central
concerns
first
amendment
jurisprudence
regulation
political
speech
regulation
speech
public
forum
regulation
based
content
speech
speech
restricted
obviously
political
speech
whatever
differences
may
exist
interpretations
first
amendment
practically
universal
agreement
major
purpose
amendment
protect
free
discussion
governmental
affairs
mills
alabama
speech
concerning
public
affairs
essence
garrison
louisiana
accordingly
recognized
first
amendment
fullest
urgent
application
speech
uttered
campaign
political
office
eu
san
francisco
cty
democratic
central
quoting
monitor
patriot
roy
second
important
feature
bars
speech
quintessential
public
forums
forums
include
places
long
tradition
government
fiat
devoted
assembly
debate
parks
streets
sidewalks
perry
ed
assn
perry
local
educators
use
streets
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places
ancient
times
part
privileges
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citizens
hague
cio
opinion
roberts
time
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activity
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interfere
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used
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government
may
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time
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long
restrictions
content
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serve
significant
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interest
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open
ample
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see
also
ward
rock
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tennessee
restriction
consideration
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manner
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whether
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may
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speech
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polling
places
depends
entirely
whether
speech
related
political
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statute
reach
categories
speech
commercial
solicitation
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display
held
first
amendment
hostility
regulation
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viewpoint
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discussion
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see
consolidated
edison
public
service
accord
simon
schuster
members
state
crime
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statute
restricting
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content
based
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speech
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forum
must
subjected
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must
show
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interest
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end
perry
ed
assn
perry
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accord
board
airport
los
angeles
jews
jesus
cornelius
naacp
legal
defense
ed
fund
grace
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ease
state
standard
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allow
us
avoid
truly
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involving
first
amendment
perhaps
foremost
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serious
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cases
force
us
reconcile
commitment
free
speech
commitment
constitutional
rights
embodied
government
proceedings
see
sheppard
maxwell
outlining
restrictions
speech
trial
participants
courts
may
impose
protect
accused
right
fair
trial
case
presents
us
particularly
difficult
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accommodation
right
engage
political
discourse
right
vote
right
heart
democracy
iv
tennessee
asserts
zone
serves
two
compelling
interests
first
state
argues
regulation
serves
compelling
interest
protecting
right
citizens
vote
freely
candidates
choice
second
tennessee
argues
restriction
protects
right
vote
election
conducted
integrity
reliability
interests
advanced
tennessee
obviously
compelling
ones
recognized
right
vote
freely
candidate
one
choice
essence
democratic
society
reynolds
sims
indeed
right
precious
free
country
voice
election
make
laws
good
citizens
must
live
rights
even
basic
illusory
right
vote
undermined
wesberry
sanders
also
recognized
state
indisputably
compelling
interest
preserving
integrity
election
process
thus
upheld
generally
applicable
evenhanded
restrictions
protect
integrity
reliability
electoral
process
anderson
celebrezze
collecting
cases
words
recognized
state
compelling
interest
ensuring
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right
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fraud
election
process
survive
strict
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state
must
assert
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state
interest
must
demonstrate
law
necessary
serve
asserted
interest
readily
acknowledge
law
rarely
survives
scrutiny
examination
evolution
election
reform
country
abroad
demonstrates
necessity
restricted
areas
around
polling
places
colonial
period
many
government
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elected
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voce
method
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parts
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scheme
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witnessed
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bribery
intimidation
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led
repeal
see
generally
evans
history
australian
ballot
system
evans
harris
election
administration
harris
rusk
effect
australian
ballot
reform
split
ticket
voting
pp
rusk
within
years
formation
union
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paper
ballot
electoral
system
initially
paper
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vast
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individual
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homes
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see
generally
albright
american
ballot
albright
evans
rusk
wishing
gain
influence
political
parties
began
produce
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voters
ballots
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distinctive
designs
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recognized
distance
state
attempts
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ballots
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vote
buyer
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ballot
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watch
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earlier
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opened
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see
generally
albright
evans
harris
key
politics
parties
pressure
groups
reynolds
testing
democracy
electoral
behavior
progressive
reform
new
jersey
rusk
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polling
place
system
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fredman
australian
ballot
story
american
reform
fredman
rusk
sham
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engaged
keep
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elderly
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voters
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fredman
north
american
review
cited
evans
short
early
elections
pleasant
spectacle
believed
democratic
government
problems
voter
intimidation
election
fraud
experiencing
unique
several
countries
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work
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erection
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scrutinees
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see
wigmore
australian
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system
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wigmore
excerpting
provisions
adopted
south
australia
queensland
see
generally
albright
evans
rusk
australian
system
enacted
england
study
committee
election
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identified
australia
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possible
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see
wigmore
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like
australian
provinces
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general
public
entire
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room
see
wigmore
see
generally
albright
evans
rusk
one
earliest
indications
reform
movement
country
came
philadelphia
civil
service
reform
association
urged
adoption
pamphlet
entitled
english
elections
many
articles
written
praising
usefulness
preventing
bribery
intimidation
disorder
inefficiency
polls
commentators
argued
diminish
growing
evil
bribery
removing
knowledge
whether
successful
another
argument
strongly
urged
favor
reform
protect
weak
dependent
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employers
creditors
inability
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create
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see
generally
albright
evans
rusk
several
failed
attempts
adopt
australian
system
michigan
wisconsin
louisville
kentucky
municipal
government
commonwealth
massachusetts
state
new
york
adopted
australian
system
louisville
law
prohibited
voters
candidates
agents
electors
coming
within
feet
voting
room
inclosure
louisville
law
also
provided
candidates
agents
within
restricted
area
allowed
persuade
influence
intimidate
anyone
choice
candidate
attempt
wigmore
massachusetts
new
york
laws
differed
somewhat
previous
acts
excluded
general
public
area
encompassed
within
guardrail
constructed
six
feet
voting
compartments
see
modification
considered
improvement
provided
additional
monitoring
members
general
public
independent
candidates
allowed
represented
separate
inspectors
otherwise
order
perpetrate
almost
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election
fraud
necessary
buy
election
officers
party
finally
new
york
also
prohibited
person
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election
day
within
within
one
hundred
feet
polling
place
see
generally
evans
rusk
success
achieved
reforms
immediately
noticed
widely
praised
see
generally
evans
rusk
one
commentator
remarked
new
york
law
secured
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employers
part
bosses
police
officers
saloonkeepers
others
come
end
earlier
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polling
places
frequently
quote
litany
scenes
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murder
sudden
death
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come
end
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jubilation
begins
election
days
peaceful
sabbaths
new
legislation
also
rendered
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old
methods
frank
hardy
straightforward
shameless
bribery
voters
polls
ivins
electoral
system
state
new
york
proceedings
annual
meeting
new
york
state
bar
association
roots
tennessee
regulation
traced
back
two
provisions
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period
rapid
reform
tennessee
passed
first
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tennessee
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voters
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highly
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counties
cities
ch
second
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define
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offenses
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franchise
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act
passed
made
misdemeanor
commit
various
election
offenses
including
use
bribery
violence
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order
induce
person
vote
refrain
voting
particular
person
measure
pub
acts
ch
amendment
made
misdemeanor
person
except
officers
holding
elections
approach
nearer
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voter
ballot
box
provision
applied
tennessee
elections
ch
two
laws
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unchanged
tennessee
added
yet
another
proscription
secret
ballot
law
amendment
prohibited
distribution
campaign
literature
floor
building
within
one
hundred
feet
thereof
election
progress
ch
state
enacted
comprehensive
code
regulate
conduct
elections
code
included
section
proscribed
display
distribution
campaign
material
solicitation
votes
within
feet
entrance
polling
place
zone
direct
precursor
restriction
challenged
present
litigation
today
limit
access
areas
around
polling
places
see
app
pet
cert
note
defoliating
grassroots
election
day
restrictions
political
speech
summarizing
statutes
national
labor
relations
board
also
limits
activities
near
polling
places
union
representation
elections
sum
examination
history
election
regulation
country
reveals
persistent
battle
two
evils
voter
intimidation
election
fraud
unsuccessful
experiment
unofficial
ballot
system
together
numerous
western
democracies
settled
solution
secret
ballot
secured
part
restricted
zone
around
voting
compartments
find
widespread
consensus
demonstrates
restricted
zone
necessary
order
serve
compelling
interests
preventing
voter
intimidation
election
fraud
respondent
dissent
advance
three
principal
challenges
conclusion
first
respondent
argues
restricted
zones
overinclusive
secure
compelling
interests
statutes
make
misdemeanor
interfere
election
use
violence
intimidation
prevent
voting
see
ann
supp
persuaded
intimidation
interference
laws
fall
short
serving
state
compelling
interests
deal
blatant
specific
attempts
impede
elections
cf
buckley
valeo
existence
bribery
statute
preclude
need
limits
contributions
political
campaigns
moreover
law
enforcement
officers
generally
barred
vicinity
polls
avoid
appearance
coercion
electoral
process
see
ann
many
acts
interference
go
undetected
undetected
less
blatant
acts
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police
dept
chicago
mosley
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labor
picketing
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members
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dept
chicago
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