Designated spaces like these were established in airports nationwide following legal battles between state governments and Hare Krishnas, who had long solicited passengers throughout airport terminals. The fight eventually made its way to the U.S. Supreme Court, where justices ruled that the airport is a non-public forum — meaning the government can regulate speech, but only to an extent. A ban on literature distribution was deemed unconstitutional.
“So that’s where airports had to be a little creative,” said Teresa Nelson, legal director for the ACLU of Minnesota. “They had to recognize that you do have to allow some constitutional expression at the airport, but can do some regulation and keep a lid on that activity so that they can also accomplish the goals of the airport.”
