A Minnesota law allowed the state's Agriculture Society to prepare rules regulating the
state's fair. One of their decisions was to require organizations wishing to distribute
or sell goods to confine their activities to an assigned location. No vendors were
permitted to walk the fairgrounds or engage in solicitation. The Krishna group
contended that this prevented them from engaging in Sankirtan, their religious ritual in
which they go into public place to sell and distribute their religious literature and
solicit donations.
The Court had a 5-3-1 split over various features of the case. The limitations placed on
solicitors were permitted.
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Majority Opinion: (Justice White) |
The regulations did not directly discriminate against he Krishnas because the space was
provided on a first come first serve basis. The fairgrounds were deemed a 'limited
public forum' so the use of space could be monitored. Furthermore, the government had a
legitimate interest in confining vendors to a designated space because of the need to
avoid congestion with the large amounts of pedestrian traffic at the fair. The
regulations did not prevent the Krishna's from performing their rituals outside the
fairgrounds nor from mingling with the visitors or orally conveying their views. The
First Amendment "does not guarantee the right to communicate one's views at all times
and places or in any manner that may be desired." In this case, the time, place, and
manner restrictions were not based on the communicants' messages. The Krishna's
asserted right to "communicate, distribute, and solicit on fairgrounds" is not superior
to the similar rights of other (secular) organizations. Both are equally protected by
the First Amendment.
In this decision the Court does not elevate the rights of the ISOKC above the rights of
secular organizations. Also, the limitations placed on the Krishna's do not prevent
them from distributing their message, it merely restricts the places from which they may
do so.
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