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Title:

First Amendment Implications for Transit Facilities: Speech, Advertising, and Loitering
Cover of First Amendment Implications for Transit Facilities: Speech, Advertising, and Loitering

Accession Number:

01129929

Record Type:

Monograph

Availability:

Transportation Research Board Business Office

500 Fifth Street, NW
Washington, DC 20001 United States
Order URL: http://www.trb.org/Main/Public/Blurbs/161891.aspx

Abstract:

Transit agencies face many challenges in balancing the obligation to provide passengers with a free-flowing and efficient means of travel against the freedom of expression guaranteed by the Constitution to commercial, charitable, and other organizations or persons who take advantage of the public-like forum of most transit facilities to engage in free speech and expressive behavior. Transit Cooperative Research Program (TCRP) Legal Research Digest 10, "Restrictions on Speech and Expressive Activities in Transit Terminals and Facilities," addressed these issues more than 10 years ago. That publication is a primer and comprehensive study of the history and state of the relevant law up to the time of publication. Since then, however, changes in society suggest that this area of transportation law should be reexamined. In recent years, there has been increased interest in banning or placing restrictions on speech, advertising, loitering, and panhandling. Specifically, this digest provides an analytical legal synthesis of available regulations, statutes, policies, and case decisions pertaining to permissible and impermissible restrictions on speech and expressive behavior at transit facilities and aboard transit vehicles; a clear discussion pertaining to sidewalks and transit facilities as public fora; attempts to regulate advertising on public property; and a discussion of the enforcement of anti-loitering and anti-panhandling regulations on or near transit facilities. This digest should be useful to attorneys, state and local transportation administrators, researchers, legislators, and others who are in need of an updated discussion of these issues.

Language:

English

Authors:

Van Eaton, Joseph
Ames, Matthew C
Schettenhelm, Matthew K

Pagination:

41p

Publication Date:

2009-6

Serial:

TCRP Legal Research Digest

Issue Number: 29
Publisher: Transportation Research Board

Media Type:

Print

Features:

Appendices (1)

Uncontrolled Terms:

Free speech; Loitering; Panhandling

Subject Areas:

Law; Public Transportation; Society; I10: Economics and Administration

Files:

TRIS, TRB

Created Date:

Jun 5 2009 9:23AM