Friday, November 15, 2013

United States v. Kokinda case brief

United States v. Kokinda case brief summary
497 U.S. 720 (1990)

CASE SYNOPSIS
Appellant United States challenged a judgment from the United States Court of Appeals for the Fourth Circuit, which held that a post office sidewalk was a traditional public forum and that the government had no significant interest in banning solicitation. Respondents, political volunteers who solicited contributions, were convicted of violating 39 C.F.R. § 232.1(h)(1) (1989) for solicitation on postal premises.

CASE FACTS
Respondent volunteers set up table on sidewalk near local post office entrance to solicit contributions, sell books and subscriptions to organizational newspapers, and distribute political literature. Postal sidewalk lies entirely on Postal Service Department property, providing sole means for customers to travel from the parking lot to the post office building. When postmaster asked them to leave, respondents refused. Respondents were convicted of violating 39 C.F.R. § 232.1(h)(1) (1989), which prohibits solicitation on postal premises. Fourth Circuit reversed district court's convictions, finding postal sidewalk was traditional public forum, government had no significant interest in banning solicitation, and regulation was not narrowly tailored to accomplish asserted governmental interest.

DISCUSSION
The United States Supreme Court reversed, holding postal sidewalk was not public forum and regulation did not violate First Amendment because it was validly applied and not unreasonable to prohibit solicitation speech on ground such speech unquestionably was disruptive of postal business.

CONCLUSION

Court reversed lower court opinion that postal sidewalk was a traditional public forum and postal regulation was an impermissible time, place, and manner regulation; holding validly applied regulation did not violate the First Amendment because it was not unreasonable to prohibit solicitation speech because it unquestionably disrupted postal business.

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