Legal Opinion

Atlanta Journal & Constitution v. City of Atlanta Department of Aviation

Court of Appeals for the Eleventh Circuit

Decided February 28, 2003No. 00-14413, 00-15181 and 00-15185PublishedCited by 32 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

In this appeal, we decide whether a government agency, statutorily charged to be self-sufficient and acting in such proprietary capacity, is permitted to assess profit-conscious fees on expressive activities for use of distribution facilities in a non-public forum. The district court found that the assessment of any fee in excess of administrative costs was contrary to the First Amendment of the United States Constitution and precedent in this circuit under Sentinel Communications Company v. Watts, 936 F.2d 1189 (11th Cir.1991). The district court granted a permanent…

2Cases cited19 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  3. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  4. Lovell v. City of GriffinSupreme Court of the United States · 1938
  5. Murdock v. PennsylvaniaSupreme Court of the United States · 1943

14 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Jim Barrett v. Walker County School DistrictCourt of Appeals for the Eleventh Circuit · 2017
  2. Child Evangelism Fellowship of Maryland, Inc. v. Montgomery County Public SchoolsCourt of Appeals for the Fourth Circuit · 2006
  3. Freedom From Religion Fdn Inc. v. Greg Abbott, etCourt of Appeals for the Fifth Circuit · 2020
  4. Child Evangelism Fellowship of South Carolina v. Anderson School District FiveCourt of Appeals for the Fourth Circuit · 2006
  5. Winston Holloway v. Benny MagnessCourt of Appeals for the Eighth Circuit · 2012

27 more not listed; retrieve them via the Exa API.

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