Free Speech at the Airport

The Board of Airport Commissioners has been trying for years to prevent pesky groups of people from handing out religious and political literature at Los Angeles International Airport, finally banning all soliciting and declaring that the terminals are “not open for First Amendment activities by any individual or entity.”

This last step went way too far, according to the U.S. Supreme Court, which ruled unanimously this week that such a sweeping ban “prohibits even talking and reading, or the wearing of campaign buttons or symbolic clothing.” As a result, Jews for Jesus, the plaintiffs in the case, may resume their activities at the airport, as may other individuals and groups.

But the decision leaves open the possibility that the airport commissioners could try again to fashion a less-restrictive policy to prevent soliciting by groups that it considers nuisances. If they are wise, however, they will not do that. They will recognize instead that airport terminals have the same status as public sidewalks, and that free speech in public places cannot lightly be curtailed.

There is no harm in allowing people to set up a table, put up a sign and attempt to spread their message. But just as they may not block free passage by pedestrians on a sidewalk, the airport pamphleteers may not interfere with travelers’ access to their airplanes. Similarly, if so many groups set up shop that no one can get past, the airport commissioners could require some of them to move.

Short of that, however, the airport commissioners should now drop their opposition to the distribution of literature at LAX, and should work with interested groups, if necessary, to enable them to exercise their First Amendment rights while minimizing disruption to the airport and its passengers.

Free speech is a paramount right in a free society, and it may not be abridged merely because it is annoying. We don’t like being pestered at the airport any more than the next person, but the people doing the pestering are exercising important rights that we value highly. Better to let them speak than to silence them.