American Constitutionalism in Historical Perspective (packet)

Buses: Lehman v. Shaker Heights, 1974: upheld city rule against political advertising on city-owned bus b/c of captive audience problems. Distinguishes b/w commercial & political advertising. Lurking doubts about favoritism, admin probs in parceling out limited space to eager politicians.

City Theaters: Southeastern Promotions v. Conrad (1975) p. 1269: overturning municipal bd’s refusal to permit the showing of “Hair.” Refusal constituted a prior restraint. Said that municipal theaters were public forums

Military base:

1. 
   Greer v. Spock: p.1270 Allowed reg barring political activities on the base b/c of “special const function of military.” Military bases are NOT public forum (purpose of military base is inconsistent w/ 1^st A). Nothing is more impt than authority over military-- d/n want to politicize military. Applied evenhandedly. Dissent: need not be public forum to allow ppl to speak
   
2. 
   US v. Albertini: p.1272 guy had previously been barred from base due to unlawful contact and was arrested as he tried to re-enter base on day it was open to the public. Conviction was sustained w/ great deference to military judgments. D/n become public forum b/c open to the public for one day
   

Beyond traditional public forums: Krishna in Airport: p.1280 majority of court says airport is NOT public forum but treats it as such anyway. Court bans $ solicitation (allowed on sidewalk) but allows sale and distribution of literature.

6. 
   Rights of Access to the Forum (pp. 1292-1293, 1366-1374, 1449-1460) The supremacy of the constitution overrides private property rts, all individuals in the community must have access to free speech.
   

1. 
   Marsh v. Alabama, 1946: forced a company town to provide equal access to Jehovah’s Witnesses since it operated as a public forum.
   
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