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Constitutional Law Keyed to Choper
Heffron v. International Society for Krishna Consciousness
Citation:
452 U.S. 640 (1981)Facts
The Minnesota Agricultural Society operates an annual 12-day State Fair on a 125-acre tract in St. Paul, Minnesota, attracting over 1.3 million visitors. The Society promulgated Rule 6.05, which required all persons or groups wishing to sell or distribute materials to do so only from fixed locations (booths) rented on a first-come, first-served basis. The Rule did not prevent representatives from walking about the fairgrounds and engaging in face-to-face discussions with fair patrons. ISKCON, an international religious society, challenged the Rule, claiming it suppressed their religious practice of Sankirtan, which requires members to go into public places to distribute literature and solicit donations. ISKCON sought an exemption from the Rule to allow its members to move freely throughout the fairgrounds to practice Sankirtan. The State defended the Rule as necessary to maintain crowd control and orderly movement at the heavily attended fair.
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