Burson v. Freeman — Scalia, J., concurring

Summary

Justice Scalia concurred in the judgment upholding Tennessee's restriction on election-day electioneering within 100 feet of polling places. He reasoned that the long American tradition of restricting speech and physical presence near polling places means those areas are not traditional public forums on election day, so the statute need only be reasonable and viewpoint neutral. Justice Kennedy concurred on a separate rationale concerning content-based restrictions, while Justice Stevens, joined by Justices O’Connor and Souter, dissented and would have invalidated the statute under strict scrutiny.