JEWS FOR JESUS, INC v.  BOARD OF AIRPORT COMMISSIONERS - public streets are zones of expression

785 F.2d 791  54 USLW 2497 United States Court of Appeals, Ninth Circuit.

"The United States Supreme Court recently enunciated the proper analysis for a First Amendment issue. First, the court must decide whether the challenged activity or speech is protected by the First Amendment, for, if it is not, the court need go no further. Cornelius v. NAACP Legal Defense & Educational Fund, Inc., --- U.S. ----, 105 S.Ct. 3439, 3446, 87 L.Ed.2d 567 (1985). If the speech is protected, the court must identify the nature of the forum, because the extent to which the government may limit access depends on whether the forum is public or nonpublic. Cornelius, 105 S.Ct. at 3446-47. Finally, the court must assess whether the justifications for exclusion from the relevant forum satisfy the requisite standard. Cornelius, 105 S.Ct. at 3447."


"The Supreme Court recently described traditional public forums as "those places which 'by long tradition or by government fiat have been devoted to assembly and debate.' " Cornelius, 105 S.Ct. at 3449, quoting Perry Education Association, 460 U.S. at 45, 103 S.Ct. at 954. "Public streets and parks fall into this category." Cornelius, 105 S.Ct. at 3449. A principal purpose of traditional public forums is the free exchange of ideas. Cornelius, 105 S.Ct. at 3448. "In such places, the government's ability to permissibly restrict expressive conduct is very limited: the government may enforce reasonable time, place, and manner regulations as long as the restrictions 'are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.' " Grace, 461 U.S. at 177, 103 S.Ct. at 1706, quoting Perry Education Association, 460 U.S. at 45, 103 S.Ct. at 954. "Additional restrictions such as an absolute prohibition on a particular type of expression will be upheld only if narrowly drawn to accomplish a compelling governmental interest." Grace, 461 U.S. at 177, 103 S.Ct. at 1706.

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