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INTERN. SOC. FOR KRISHNA, ETC. v. BARBER

No. 1046, Docket 80-7709.

650 F.2d 430 (1981)

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., and, on Behalf of Themselves and All International Society for Krishna Consciousness Members, and Alan Attias, a/k/a Aja Dasa, and Kenneth L. Solomon, a/k/a Kesihanta, Plaintiffs-Appellants, v. J. Roger BARBER, in his official capacity as Commissioner of the Department of Agriculture and Markets of the State of New York, and Thomas G. Young, Director of the New York State Industrial Exhibit Authority, and James G. Garlick, Acting Director of the New York State Industrial Exhibit Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Robert C. Moest, Los Angeles, Cal. (Larry J. Roberts, David Grosz, Barry A. Fisher Law Offices, Los Angeles, Cal., Faith A. Seidenberg, Seidenberg & Strunk, Syracuse, N.Y., of counsel), for plaintiffs-appellants.

Thomas J. Maroney, Asst. Atty. Gen., Syracuse, N.Y. (Robert Abrams, Atty. Gen., of the State of New York, Shirley Adelson Siegel, Sol. Gen., George M. Levy, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees J. Roger Barber and Thomas G. Young, as Director of the New York State Fair.

Bradley J. Carr, Syracuse, N.Y. (Charles R. Welch, Welch, Welch & Carr, Syracuse, N.Y., of counsel), for defendants-appellees James G. Garlick and Thomas G. Young as Manager of the New York State Industrial Exhibit Authority.

Steven R. Shapiro, New York City (Linda R. Blumkin, Lois Herzeca, New York City, of counsel), as amicus curiae for the New York Civil Liberties Union.

Before KAUFMAN and OAKES, Circuit Judges, and WERKER, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

Tolerance of the unorthodox and unpopular is the bellwether of a society's spiritual strength. A community sufficiently confident of its moral and political underpinnings trusts its members to employ reasoned and considered judgment in evaluating novel theories that seek to explain the meaning and purpose of life. The coercive mechanisms of restraint, violence, and suppression are not required to confront strange ideologies and unfamiliar...

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