lehman city shaker heights argued decided june petitioner candidate state office refused available advertising space vehicles city transit system brought suit challenging constitutionality municipal policy refusal based permitting political advertising allowing types public transit advertising state courts declined give petitioner relief ohio holding city refusal violate candidate free speech equal protection rights held judgment affirmed pp ohio affirmed justice blackmun joined chief justice justice white justice rehnquist concluded car card space city transit system first amendment forum decision limit transit advertisements innocuous less controversial commercial advertising thus minimizing chances abuse appearances political favoritism risk imposing upon captive audience within city discretion involves first fourteenth amendment violation pp justice douglas concluded petitioner though free express views willing audience constitutional right force message upon captive audience uses public transit vehicles place discussion means transport pp leonard schwartz argued cause petitioner brief stanley laughlin harry lehman melvin wulf joel gora paul donaldson argued cause respondents brief louis orkin stephen madsen justice blackmun announced judgment opinion chief justice justice white justice rehnquist join case presents question whether city operates public rapid transit system sells advertising space car cards vehicles required first fourteenth amendments accept paid political advertising behalf candidate public office petitioner harry lehman candidate office state representative ohio general assembly district district includes city shaker heights july petitioner sought promote candidacy purchasing car card space shaker heights rapid transit system months august september october general election scheduled november petitioner proposed copy contained picture read harry lehman honesty integrity good government state representative district harry lehman app contractor shall place political advertising upon said cars upon additional space granted hereunder petitioner succeed effort copy accepted sought declaratory injunctive relief state courts ohio without success ohio concluded constitutionally protected right free speech respect forums oral speech dissemination literature city streets extend commercial political advertising rapid transit vehicles ohio equal protection violation said class candidates political office treated alike shaker heights rapid transit system commercial advertising policy three dissenting justices viewed transit system advertising space free speech forum held valid governmental interest furthered differential treatment political advertising policy excluding political advertisements view therefore deny political advertisers equal protection law granted certiorari order consider important first fourteenth amendment question case presented urged car cards constitute public forum protected first amendment guarantee nondiscriminatory access publicly owned controlled areas communication regardless primary purpose area dedicated brief petitioner disagree packer utah justice brandeis speaking unanimous recognized difference justifies classification display advertising periodicals newspapers packer upheld utah statute made misdemeanor advertise cigarettes bill board street car sign street car placard exempted dealers signs places business cigarette advertising newspaper magazine periodical found equal protection violation reasoned viewers billboards streetcar signs choice volition observe advertising message thrust upon arts devices skill produce radio turned billboard street car placard streetcar audience captive audience matter necessity choice public utilities pollak douglas dissenting situations legislature may recognize degrees evil adapt legislation accordingly packer utah cf breard alexandria situations different traditional settings first amendment values inalterably prevail lord dunedin magistrates edinburgh sess cas said truth open spaces public places differ much character say whether certain thing done certain place know history particular place although american constitutional jurisprudence light first amendment jealous preserve access public places purposes free speech nature forum conflicting interests involved remained important determining degree protection afforded amendment speech question see cox new hampshire breard alexandria supra poulos new hampshire cox louisiana adderley florida red lion broadcasting fcc police department chicago mosley grayned city rockford columbia broadcasting democratic national committee pittsburgh press pittsburgh human relations open spaces meeting hall park street corner public thoroughfare instead city engaged commerce must provide rapid convenient pleasant inexpensive service commuters shaker heights car card space although incidental provision public transportation part commercial venture much way newspaper periodical even radio television station need accept every proffer advertising general public city transit system discretion develop make reasonable choices concerning type advertising may displayed vehicles making choices held public utility sustained protection activities public places activities interfere general public convenience comfort safety public utilities pollak state action exists however policies practices governing access transit system advertising space must arbitrary capricious invidious city decided urveyors goods services saleable commerce may purchase advertising space equal basis whether house builders butchers ohio decision little different deciding impose fare changing schedules location bus stops public utilities pollak revenue earned commercial advertising jeopardized requirement candidacy advertisements displayed car cards users subjected blare political propaganda lurking doubts favoritism sticky administrative problems might arise parceling limited space eager politicians circumstances managerial decision limit car card space innocuous less controversial commercial service oriented advertising rise dignity first amendment violation hold contrary display cases public hospitals libraries office buildings military compounds public facilities immediately become hyde parks open every pamphleteer politician constitution require first amendment forum found city consciously limited access transit system advertising space order minimize chances abuse appearance favoritism risk imposing upon captive audience reasonable legislative objectives advanced city proprietary capacity circumstances first fourteenth amendment violation judgment ohio affirmed ordered footnotes metro transit advertising display advertising copy false misleading deceptive offensive moral standards community contrary good taste copy might contrary best interests transit systems might result public criticism advertising industry transit advertising acceptable metro transit advertising accept political copy pictorially graphically otherwise suggests proponents opponents persons measures advertised vulgar greedy immoral monopolistic illegal unfair political advertising accepted following systems shaker rapid maple heights north olmsted euclid ohio shaker heights exhibit lehman testified using various methods candidacy including newspaper advertising plan use direct mail advertising postcards circulars various types app system operated cars app advertising spaces tr oral arg receipts sale advertising amounted annually tr oral arg receipts supplemented operating revenues generated fares paid passengers used system daily cf wirta costa transit district cal kissinger new york city transit authority supp sdny hillside community church city tacoma justice douglas concurring judgment petitioner candidate state office attempted purchase space paid political advertising vehicles shaker heights rapid transit system system owned operated city shaker heights ohio metromedia exclusive advertising agent system refused petitioner space basis contract system prohibiting acceptance political advertisements petitioner unsuccessfully sought injunctive relief state courts restrain city metromedia refusing advertising petitioner contends selling advertising space city turned buses free speech forums city prohibited first amendment applicable fourteenth refusing space political advertisements brother brennan find forum communication voluntarily established city installed physical facilities advertisements contract metromedia created necessary administrative machinery regulating access forum post streetcar bus forum communication akin streets public parks considerable problems presented privilege citizen use streets parks communication views national questions may regulated interest must guise regulation abridged denied hague cio streetcar bus plainly park sidewalk meeting place discussion highway way get work back home fact owned operated city without make forum bus streetcar placards category highway billboards long used display array commercial political messages particular form communication significantly curtailed state regulation adopted pursuant highway beautification act conditions certain federal highway funds upon strict regulation highway advertising ohio among sought protect interests motorists enacting regulations pursuant act ohio rev code ann et seq supp fact land billboard rests municipal land curtail enhance regulatory schemes bus forum akin newspaper park yet bus treated newspaper hold date miami herald publishing tornillo ante owner forced include offerings news items outsiders may desire owner abhors newspaper cases cited support petitioner claim first amendment however draws distinction press privately owned press owned otherwise turn bus streetcar either newspaper park take great liberties people necessity become commuters time captive viewers listeners asking us force system accept message vindication constitutional rights petitioner overlooks constitutional rights commuters petitioner clearly right express views wish listen right force message upon audience incapable declining receive view right commuters free forced intrusions privacy precludes city transforming vehicles public transportation forums dissemination ideas upon captive audience buses recreational vehicles used sunday chautauquas public park might used holidays purpose practical necessity millions urban centers already stated view dissent public utilities pollak involving challenge passengers practice broadcasting radio programs loudspeakers buses streetcars one tunes offensive program home turn tune another station wishes one hears disquieting unpleasant programs public places restaurants get leave man streetcar choice sit listen perhaps sit try listen difference message visual auricular viewer listener captive agree justice brandeis quoting utah state decision said visual message streetcars different dvertisements sort constantly eyes observers streets street cars seen without exercise choice volition part forms advertising ordinarily seen matter choice part observer case newspapers magazines must seeking one see read advertisement radio turned billboard street car placard packer utah view content message relevant either petitioner right express commuters right free commercial advertisements may offensive intrusive captive audiences political message validity commercial advertising program us since faced one complaining invasion privacy forced exposure commercial ads since believe petitioner constitutional right spread message captive audience concur judgment frequently rested state free speech free press decisions fourteenth amendment generally rather due process clause alone see bridges california saia new york elfbrandt russell mills alabama survey motorists ohio expressed opinion billboards banned interstate highway system hearings subcommittee roads senate committee public works utah justice brennan justice stewart justice marshall justice powell join dissenting city shaker heights owns operates shaker heights rapid transit system interurban electric railroad line consisting approximately transit cars transport passengers shaker heights cleveland cars contains interior advertising spaces available lease metro transit division metromedia transit system exclusive advertising agent agreement city metromedia accepts commercial public service advertising accept political advertising prior ohio general election harry lehman candidate office state representative ohio general assembly district attempted lease advertising space shaker heights rapid transit system later testified vast majority six eight thousand riders day residents district app although advertising space available lehman proposed advertisement met metromedia copy standards rental space nevertheless denied lehman sole ground metromedia contract city forbids acceptance political advertising unsuccessful attempt persuade city alter ban political advertisements lehman commenced action common pleas cuyahoga county ohio seeking declaratory injunctive relief ground city policy prohibiting political advertisements infringed freedom speech denied equal protection laws finding constitutional infirmities trial denied relief affirmed cuyahoga county appeals ohio reverse view city created forum dissemination information expression ideas accepted displayed commercial public service advertisements rapid transit vehicles opened forum communication city barred first fourteenth amendments discriminating among forum users solely basis message content message lehman sought convey concerning candidacy public office unquestionably protected first amendment constitutional safeguard fashioned encourage nurture uninhibited robust particularly matters governing importance new york times sullivan speech concerning public affairs essence garrison louisiana maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system stromberg california fact message proposed paid advertisement diminish impregnable shelter afforded first amendment see new york times sullivan supra course even right political completely unfettered stated cox louisiana rights free speech assembly fundamental democratic society still mean everyone opinions beliefs express may address group public place time constitutional guarantee liberty implies existence organized society maintaining public order without liberty lost excesses anarchy focusing upon propriety regulating place city shaker heights attempts justify ban political advertising arguing interior advertising space transit car inappropriate forum political expression debate brief respondents sure public places clearly committed purposes use public forums communication anomalous example may instances assemblies petitions redress grievances consistent necessary purposes public property noisy meeting may keeping serenity statehouse quiet courthouse one suggest senate gallery proper place vociferous protest rally cases may necessary adjust right petition redress grievances interests inhering uses public property normally put adderley florida douglas dissenting determination whether particular type public property facility constitutes public forum requires strike balance competing interests government one hand speaker audience thus must assess importance primary use public property facility committed extent use disrupted access free expression permitted applying principles long recognized public right access public streets parks expressive activity justice roberts wrote hague cio wherever title streets parks may rest immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions use streets public places ancient times part privileges immunities rights liberties citizens privilege citizen use streets parks communication views national questions may regulated interest absolute relative must exercised subordination general comfort convenience consonance peace good order must guise regulation abridged denied circumstances case however need decide whether public transit cars must made available forums exercise first amendment rights accepting commercial public service advertising city effectively waived argument advertising transit cars incompatible rapid transit system primary function providing transportation forum communication voluntarily established city installed physical facilities advertisements contract metromedia created necessary administrative machinery regulating access forum plurality opinion however contends long city limits advertising space innocuous less controversial commercial service oriented advertising first amendment forum created ante find merit position certainly noncommercial public service advertisements convey messages public concern clearly protected first amendment possible commercial advertising may accorded less first amendment protection speech concerning political social issues public importance compare valentine chrestensen schneider state breard city alexandria martin city struthers speech nonetheless often communicating information ideas found many persons controversial question commercial advertisements skillfully employed powerful vehicles exaltation commercial values messages accepted displayed existence forum communication gainsaid hold otherwise thus sanction city preference bland commercialism noncontroversial public service messages uninhibited robust debate public issues reverse traditional priorities first amendment ii public forum communication established free speech equal protection principles prohibit discrimination based solely upon subject matter content see police department chicago mosley cox louisiana black concurring dissenting fowler rhode island niemotko maryland necessarily equal protection clause mention first amendment government may grant use forum people whose views finds acceptable deny use wishing express less favored controversial views may select issues worth discussing debating public facilities equality status field ideas government must afford points view equal opportunity heard forum opened assembly speaking groups government may prohibit others assembling speaking basis intend say selective exclusions public forum may based content alone may justified reference content alone police department chicago mosley supra omitted insure subject matter content sole basis discrimination among forum users selective exclusions public forum must closely scrutinized countenanced cases government makes clear showing action taken pursuant neutral time place manner regulations narrowly tailored protect government substantial interest preserving viability utility forum see police department chicago mosley supra grayned city rockford shuttlesworth birmingham tinker des moines school district cf dunn blumstein williams rhodes city failed discharge heavy burden present case special vigilance triggered case city undisputed ban political advertising transit cars commercial public service advertisements routinely accepted display political messages absolutely prohibited examples required illustrate scope city policy practice instance commercial advertisement peddling snowmobiles accepted calling upon public support legislation controlling environmental destruction noise pollution caused snowmobiles rejected alternatively public service ad league women voters permitted advertising existence upcoming election imploring citizens vote candidate lehman barred informing public candidacy qualifications office position particular issues examples make perfectly clear selective exclusion political advertising product evenhanded application neutral time place manner regulations rather operative constitutionally impermissible distinction message sign conclusion dispelled city asserted justifications selectively excluding political advertising city contends ban political advertising bottomed upon solicitous regard captive riders rapid transit system forced endure advertising thrust upon brief respondents since rapid transit system primarily mode transportation city argues may prohibit political advertising order shield transit passengers sometimes controversial unsettling speech whatever merit city argument might contexts hollow ring present case city voluntarily opened rapid transit system forum communication circumstance occasional appearance provocative speech expected indeed recognized function free speech system government invite dispute speech often provocative challenging may strike prejudices preconceptions profound unsettling effects presses acceptance idea terminiello chicago line ideological nonideological speech impossible draw accuracy accepting commercial public service advertisements city opened door sometimes controversial unsettling speech determined speech unduly interfere rapid transit system primary purpose transporting passengers eyes many passengers certain commercial public service messages profoundly disturbing political advertisements might passengers certainly evidence record case indicating political advertisements class disturbing displayed likely commercial public service advertisements impair rapid transit system primary function transportation absence evidence city selective exclusion political advertising constitutes invidious discrimination basis subject matter violation first fourteenth amendments moreover even possible draw manageable line controversial noncontroversial messages city practice censorship benefit captive audiences still justified case unwilling unsuspecting rapid transit rider powerless avoid messages deems unsettling advertisements accepted city metromedia broadcast loudspeakers transit cars privacy passengers therefore dependent upon ability sit try listen public utilities pollak douglas dissenting cf kovacs cooper saia new york rather advertisements accepted display written form transit passengers forced compelled read messages incapable declining receive ante douglas concurring passengers chance glance advertisements find offensive effectively avoid bombardment sensibilities simply averting eyes cohen california surely minor inconvenience small price pay continued preservation precious liberty free speech city remaining justification equally unpersuasive city argues acceptance political advertisements cars shaker heights rapid transit suggest one hand political favoritism granted candidates advertise hand candidate advertised supported promoted government city brief respondents clearly ephemeral concerns provide city carte blanche authority exclude entire category speech public forum pragmatic hurdles relevant public forum motor coach public park school auditorium endorsement opinion expressed advertisement motor coach attributable transit district view speaker public park city administration tenets organization using school property meetings local school board wirta costa transit district cal city introduced evidence demonstrating rapid transit passengers naively think otherwise though may lurking doubts favoritism ante held remote danger justify immediate crippling impact basic constitutional rights involved case williams rhodes moreover neutral regulations distinguish among advertisements basis subject matter narrowly tailored allay city fears impression city endorsement dispelled requiring disclaimers appear prominently face every advertisement problems accommodating potential advertisers may vexing times appearance favoritism avoided evenhanded regulation time place manner advertising irrespective subject matter therefore reverse judgment ohio remand case proceedings inconsistent opinion text proposed advertisement read follows harry lehman old fashioned honesty integrity good government state representative district metro transit advertising copy policy metro transit advertising display advertising copy false misleading deceptive offensive moral standards community contrary good taste copy might contrary best interests transit systems might result public criticism advertising industry transit advertising acceptable metro transit advertising accept political copy pictorially graphically otherwise suggests proponents opponents persons measures advertised vulgar greedy immoral monopolistic illegal unfair copy subject approval rough sketches proposed copy required political advertising metro transit advertising reserves right times decline sides proposition opposing candidates political advertising must carry visible within advertising area poster paid political advertising sponsored letters sized follows exterior king size posters traveling displays taillight spectacular interior contracts political advertising space must accompanied check entire amount contract posters cards must delivered prepaid days prior posting date equal opportunity purchase space offered allotted opposing candidate bond issue referendum necessary contracts political advertising held days prior contract posting date time metro transit advertising allocate advertising space candidate issue referendum minimum order acceptable either cards posters month rate political advertising accepted following systems shaker rapid maple heights north olmsted euclid ohio emphasis added see generally kalven concept public forum cox louisiana sup rev gorlick right forum dick rev horning first amendment right public forum duke status also extended municipal bus terminals see wolin port new york authority railroad stations see hoffman cal brother douglas analogy billboard newspaper advertising ante apropos circumstances case advertising display space city owned operated doubt concerning whether commercial speech distinction announced valentine chrestensen retains continuing validity justice douglas remarked ruling casual almost offhand survived reflection cammarano concurring opinion see also pittsburgh press pittsburgh human relations burger dissenting douglas dissenting stewart dissenting question however need decided case sufficient purpose public forum analysis merely recognize commercial speech enjoys least degree protection first amendment without reaching difficult question concerning amount protection afforded courts reached conclusion nearly identical facts see kissinger new york city transit authority supp sdny hillside community church city tacoma wirta costa transit district cal plurality opinion reliance upon packer utah misplaced justice douglas noted cammarano supra concurring opinion packer utah first amendment problem raised extent advertising regulated consistently first amendment cf cantwell connecticut martin struthers breard alexandria roth therefore never authoritatively determined see also supra existence public forums dissemination political messages course irrelevant said schneider state one exercise liberty expression appropriate places abridged plea may exercised place declaring unconstitutional advertising policy remarkably similar city policy present case california detailed paradoxical scope transit district policy banning political advertising following manner cigarette company permitted advertise desirability smoking brand cancer society entitled caution advertisement cigarette smoking injurious health theater may advertise motion picture portrays sex violence legion decency right post message calling clean films lumber company may advertise wood products conservation group implore citizens write president governor protecting natural resources oil refinery may advertise products citizens organization demand enforcement existing air pollution statutes insurance company may announce available policies senior citizens club plead legislation improve social security program district accept advertisement television station commercially inspired refuse paid nonsolicitation message strictly educational television station advertisements travel foods clothing toiletries automobiles legal drugs acceptable american legion right place paid advertisement reading support boys viet nam send holiday packages wirta costa transit district cal example record indicates church advertising accepted display shaker heights rapid transit system see app brother douglas contrary view right commuters free forced intrusions privacy precludes city transforming vehicles public transportation forums dissemination ideas upon captive audience irrespective whether speech question commercial ante dispose first fourteenth amendment issues case record reveals shaker heights rapid transit system provides advertising space outside well inside cars see app lehman denied access whatever applicability captive audience theory may interior advertising simply justify city refusal rent lehman exterior advertising space metro current copy policy provides disclaimers city transit systems accept political advertisements see supra