Freeman v. Burson

I respectfully dissent. The majority says that the state unquestionably has a compelling interest in preserving the integrity of the electoral process that would support banning solicitation of votes and distribution of campaign materials within the polling place itself. They seem to say that a ban of 25 feet from the entrance would probably pass constitutional muster. However, a 100 foot ban places an unpalatable, *215unjustified, unconstitutional restriction on free speech, according to the majority.

When a constitutional attack is made upon a legislative act, the Court is required to indulge…