[2] One typical law common that was enacted by forty-seven states established a proximity around the polling place where political campaigning and electioneering were banned.

In the lead-up to the 1987 election, Mary Freeman was the treasurer for the campaign for a candidate for the Metropolitan Council of Nashville and Davidson County.

The case was heard before Justice Clarence Thomas was formally appointed to the Supreme Court, and he did not participate in the subsequent decisions.

"[3] Justice Antonin Scalia also concurred in a separate decision, though argued that Tennessee would not need a compelling reason to issue a "viewpoint-neutral" restriction on free speech.

Stevens believed that the state had not shown a compelling reason to restrict free speech in the 100-ft radius.