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University Daily Kansan / Thursday, March 26, 1992
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Court to decide whether airports free speech forum
The Associated Press
WASHINGTON — Airport terminals are public places where religious groups must be allowed to hand out leaflets and solicit contributions, a Krishna organization's lawyer told the Supreme Court yesterday.
But an airport attorney argued that such actions would cause delays, congestion and set people up as a captive audience for religious groups and others.
Airports are a non-public forum whose only purpose is to aid air travel, said Arthur P. Berg, attorney for the Port Authority of New York and New Jersey. Solicitations and handing out leaflets would bother travelers, Berg said.
"That's what the First Amendment is for," added Justice Anthony Kennedy.
"Does it bother you if you say 'no thanks' and keep on walking?" asked Justice Sandra Day O'Connor.
The Port Authority wants to bar the International Society of Krishna Consciousness Inc. from handing out leaflets and soliciting contributions at John F. Kennedy, LaGuardia and Newark airports.
The Krishna group contends that airport terminals are public forums as are public streets, sidewalks and parks.
Under a 1988 Port Authority rule, religious and other groups may ask passersby to sign a petition, but they may not hand out leaflets and cannot there mute hold a bucket, said Barry. Fisher, the Krishna group's lawyer.
The 2nd U.S. Circuit Court of Appeals uphold the Port Authority's ban on soliciting donations in terminal construction and rule banning distribution of literature.
The Port Authority agreed not to enforce the ban pending a decision in the lawsuit. As a result, the Krishnas still may pursue their activities under the authority's previous limits on time and place, and Fisher said there have been few problems.
Fisher said that since at least the 18th century, transportation ports have been a traditional place for "religious leaders" and others to seek an audience.
"Perhaps with the consent of people who owned these transportation centers?" asked Justice Antonin Scalia, that under the port Authority's rule the Krishnas still could solicit on the sidewalks outside airport terminals.
The airports seek to attract people with restaurants, shops and art displays, effectively making themselves marketplaces for commerce and ideas and First Amendment expression, Fisher said.
But Berg said airport terminals were not like public streets. When people walk into a terminal, they are aware that they have entered a different type of environment. The right facility has the right to protect them from annoying activity, he said.
Airport terminals are intended to be operated like private businesses, which may ban soliciting from their property. Berg said.
The 2nd Circuit's ruling relied on a Supreme Court decision that allowed most post offices to ban all soliciting on their property.
Every other appeals court that has considered the issue has decided that some soliciting must be allowed in airliners because they are public forums.
The Supreme Court is expected to rule by early July.
Congress criticizes the FDA
Committee says the agency took weak action in fatalities
The Associated Press
WASHINGTON — The Food and Drug Administration neglects inspecting many of the factories that make medical devices and initially took weak action when a faulty radiation machine was killing patients, congressional investigators said yesterday.
The investigators said the FDA did not even know how many manufacturers it was supposed to be inspecting. The agency put\ that figure between 4,000 and 5,500.
out for it," Dingell said as the panel opened what he said would be an investigation that would not end any time soon.
"We sympathize with the many problems the FDA has, but even assuming full funding, the most well-intentioned statutes and regulations cannot work if there are miscommunications, bureaucratic fumblings or simple inertia," said Rep John Dingell, D-Mich., head of the House Energy and Commerce subcommittee on investigations.
The agency has been under pressure from the White House, industry and miracle-drug-hungry patients to speed the process of getting new drugs and devices onto the market. At the same time, it has been criticized for failing to stop products that are ineffective or dangerous.
"The FDA clearly has its work cut
Most recently and publicly, the FDA has tried to answer the question of what to do about silicone-gel breast implants, which have been on the market for decades and now are charged with causing cancer or autoimmune disease.
Because they were on the market sq long ago, the implants did not have to meet the same scrutiny that more recent devices have.
for surgery, the other a family of machines to beam radiation at cancerous tumors.
The jelly caused blindness in some people. The radiation machines, troubled by faulty computer software, gave patients such high doses of radiation that several people died.
Yesterday, Dingg'span lookedat two other devices, one a jelly to be injected into the eye to hold it steady
"These are sad, sad cases," Dingell said.
The FDA is supposed to inspect manufacturers every two years, but the General Accounting Office, the investigative arm of Congress, said fewer than 60 percent of them received regular inspections on time.
More than half of those inspections find some kind of problem, but just 16 percent warrant action, the GAO said. The FDA takes action in half of the cases in which the most serious violations are found, the investigators said.
James Benson, director of the FDA's center for devices and radiological health, told the subcommittee that the agency would try to do better.
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