United States v. Kokinda (1989)
- Docket
- 88-2031
- Decided
- 1989-01-01
Summary
Question: Is a sidewalk that is entirely contained by Postal Service property and intended only for traffic to and from Postal Service buildings a public forum? If it is a public forum, does a prohibition of solicitation pass strict scrutiny? If it is not a public forum, does it pass a "reasonableness" test? Conclusion: In a divided opinion, the Court ruled that the prohibition was not unconstitutional. Justice Sandra Day O'Connor, writing for a four-member plurality, wrote that the sidewalk was not a public forum. "Regulation of speech activity on governmental property that has been traditionally open to the public for expressive activity, such as public streets and parks, is examined under strict scrutiny. ... But regulation of speech activity where the Government has not dedicated its property to First Amendment activity is examined only for reasonableness." The need to prevent solicitors from interrupting postal business satisfied this "reasonableness" test, so the convictions were constitutional. Justice Anthony Kennedy, writing separately, held that it was unnecessary to determine whether the sidewalk was a public forum because the regulation met the traditional standard applied to time, place, and manner restrictions of protected expression.