Burson v. Freeman (1991)

Docket
90-1056
Decided
1991-01-01

Summary

Question: Did Tennessee's 100-foot limit violate the First Amendment's freedom of speech? Conclusion: No. After subjecting Tennessee's statute to exacting scrutiny, since it constituted a facial content-based restriction on political speech in a public forum, the Court held that the statute was narrowly drafted to serve a compelling state interest. By creating a safe zone around polling sites, the statute served the state's interest in protecting its citizen's right to vote freely and effectively. Moreover, the 100-foot zone was acceptable since it was not so large as to completely block out the presence of political messages.

View the full interactive analysis on SCOTUS Lens →