Burson v. Freeman

504 U.S. 191 (1992)

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Burson v. Freeman

United States Supreme Court
504 U.S. 191 (1992)

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Facts

Tennessee criminalized the display or distribution of campaign materials and the solicitation of votes within 100 feet of polling places in Tennessee Code § 2-7-111(b) and § 2-19-119 (campaign-free zone). A violation of the code resulted in a maximum $50 fine or 30 days in prison, or both. Mary Rebecca Freeman (plaintiff) was the treasurer for a city-council campaign in Metropolitan Nashville-Davidson County. Freeman brought a facial challenge to the code, seeking a declaratory judgment that the code violated the First Amendment to the United States Constitution and the Tennessee Constitutions and a permanent injunction against the code’s enforcement.

Rule of Law

Issue

Holding and Reasoning (Blackmun, J.)

Dissent (Stevens, J.)

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