Parties: Lehman v. Shaker Heights
Date: 1974-06-25
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Paragraph: 24 - seg> In asking us to force the system to accept his message as a vindication of his constitutional rights, the petitioner overlooks the constitutional rights of the commuters. While petitioner clearly has a right to express his views to those who wish to listen, he has no right to force his message upon an audience incapable of declining to receive it. In my view the right of the commuters to be free from forced intrusions on their privacy precludes the city from transforming its vehicles of public transportation into forums for the dissemination of ideas upon this captive audience.
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Paragraph: 34 - Of course, not even the right of political self-expression is completely unfettered.
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Paragraph: 38 - Applying these principles, the Court has long recognized the public's right of access to public streets and parks for expressive activity.
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Paragraph: 24 - The rights of the speaker clash with those of the audience, and the audience's rights prevail.While petitioner clearly has a right to express his views to those who wish to listen, he has no right to force his message upon an audience incapable of declining to receive it. In my view the right of the commuters to be free from forced intrusions on their privacy precludes the city from transforming its vehicles of public transportation into forums for the dissemination of ideas upon this captive audience.
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Paragraph: 42 - Certainly, noncommercial public service advertisements convey messages of public concern and are clearly protected by the First Amendment. And while it is possible that commercial advertising may be accorded less First Amendment protection than speech concerning political and social issues of public importance, compare Valentine v. Chrestensen, 316 U.S. 52, 62 S.Ct. 920, 86 L.Ed. 1262 (1942), with Schneider v. State of N.J., 308 U.S. 147, 60 S.Ct. 146, 84 L.Ed. 155 (1939), and Breard v. City of Alexandria, 341 U.S. 622, 71 S.Ct. 920, 95 L.Ed. 1233 (1951), with Martin v. City of Struthers, 319 U.S. 141, 63 S.Ct. 862, 87 L.Ed. 1313 (1943), it is 'speech' nonetheless, often communicating information and ideas found by many persons to be controversial.
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Paragraph: 45 - That the discrimination is among entire classes of ideas, rather than among points of view within a particular class, does not render it any less odious. Subject matter or content censorship in any form is forbidden.
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Paragraph: 50 - Moreover, even if it were possible to draw a manageable line between controversial and noncontroversial messages, thecity's practice of censorship for the benefit of 'captive audiences' still would not be justified. This is not a case where an unwilling or unsuspecting rapid transit rider is powerless to avoid messages he deems unsettling. The advertisements accepted by the city and Metromedia are not broadcast over loudspeakers in the transit cars. The privacy of the passengers is not, therefore, dependent upon their ability N71* 'to sit and to try not to listen.' Public Utilities Comm'n v. Pollak, 343 U.S. 451, 469, 72 S.Ct. 813, 824, 96 L.Ed. 1068 (1952) (DOUGLAS, J., dissenting); cf. Kovacs v. Cooper, 336 U.S. 77, 69 S.Ct. 448, 93 L.Ed. 513 (1949); Saia v. New York, 334 U.S. 558, 562, 68 S.Ct. 1148, 1150, 92 L.Ed. 1574 (1948). Rather, all advertisements accepted for display are in written form. Transit passengers are not forced or compelled to read any of the messages, nor are they 'incapable of declining to receive (them),' ante, at 307 (Douglas, J., concurring).
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Paragraph: 42 - The plurality opinion, however, contends that as long as the city limits its advertising space to 'innocuous and less controversial commercial and service oriented advertising,' no First Amendment forum is created. Ante, at 304. I find no merit in that position. Certainly, noncommercial public service advertisements convey messages of public concern and are clearly protected by the First Amendment. And while it is possible that commercial advertising may be accorded less First Amendment protection than speech concerning political and social issues of public importance, compare Valentine v. Chrestensen, 316 U.S. 52, 62 S.Ct. 920, 86 L.Ed. 1262 (1942), with Schneider v. State of N.J., 308 U.S. 147, 60 S.Ct. 146, 84 L.Ed. 155 (1939), and Breard v. City of Alexandria, 341 U.S. 622, 71 S.Ct. 920, 95 L.Ed. 1233 (1951), with Martin v. City of Struthers, 319 U.S. 141, 63 S.Ct. 862, 87 L.Ed. 1313 (1943), it is 'speech nonetheless, often communicating information and ideas found by many persons to be controversial. There can be no question that commercial advertisements, when skillfully employed, are powerful vehicles for the exaltation of commercial values. Once such messages have been accepted and displayed, the existence of a forum for communication cannot be gainsaid. To hold otherwise, and thus sanction the city's preference for bland commercialism and noncontroversial public service messages over 'uninhibited, robust, and wide-open' debate on public issues, would reverse the traditional priorities of the First Amendment.
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