Legal Opinion · Dissent

Lebron v. National Railroad Passenger Corp. (Amtrak)

Court of Appeals for the Second Circuit

Decided February 21, 1995No. 1494, Docket 93-7127Published

1DissentJon O. Newman, Chief Judge

Because I believe that Amtrak, a governmental entity now authoritatively determined to be subject to First Amendment limitations, see Lebron v. National R.R. Passenger Corp., — U.S. —, 115 S.Ct. 961, 130 L.Ed.2d 902 (1995), has violated the First Amendment by its rejection of the political advertisement that Michael Lebrón contracted to display on a billboard in Penn Station, I respectfully dissent.

The Court’s dismissal of Lebron’s lawsuit rests on two premises, both of which, in my view, are flawed. The first concerns the identification of the forum for purposes of applying public forum…

2Cases cited11 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  3. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
  4. City of Lakewood v. Plain Dealer Publishing Co.Supreme Court of the United States · 1988
  5. Lehman v. City of Shaker HeightsSupreme Court of the United States · 1974

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