Lebron v. National Railroad Passenger Corporation - Significance, An Important Reversal, A Dissenting Opinion, A Second Appeal, Impact

court amtrak petitioner decision

Petitioner

Michael A. Lebron

Respondent

National Railroad Passenger Corporation

Petitioner's Claim

That refusal to place an advertisement on Amtrak's Spectacular billboard had violated his First and Fifth Amendment rights.

Chief Lawyer for Petitioner

David D. Cole

Chief Lawyer for Respondent

Kevin T. Baine

Justices for the Court

Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, William H. Rehnquist, Antonin Scalia (writing for the Court), David H. Souter, John Paul Stevens, Clarence Thomas

Justices Dissenting

Sandra Day O'Connor

Place

Washington, D.C.

Date of Decision

21 February 1995

Decision

The Supreme Court reversed the decision of the U.S. Court of Appeals for the Second Circuit and held that Amtrak was a government agency. Therefore, Amtrak is part of the federal government subject to the free speech requirements of the First Amendment. As such, Amtrak could not prohibit political billboards from train stations.

Related Cases

McCulloch v. Maryland, 4 Wheat 316 (1819).
Osborn v. Bank of United States, 9 Wheat 738 (1819).
Burton v. Wilmington Park Authority, 365 U.S. 715 (1961).

Lebron v. National Railroad Passenger Corporation - Significance

The decision extended the First Amendment to corporations created by, and under the control of, the government in the case of an artist who argued successfully that Amtrak had been wrong to reject his billboard display because of its political message. The First Amendment bars only governments and instruments of government from infringing upon the freedom of speech. Private persons and corporation…

Lebron v. National Railroad Passenger Corporation - An Important Reversal

By a majority ruling (8-1), the Supreme Court reversed the decision of the U.S. Court of Appeals for the Second Circuit. The Court relied on the confluence of a number of factors to conclude that Amtrak, a federally chartered for-profit corporation, is "part of the government" for "the purpose of individual rights guaranteed against the Government by the Constitution." Amtrak is wholly owned by th…

Lebron v. National Railroad Passenger Corporation - A Dissenting Opinion

In her dissent, Justice O'Connor said that the Court had avoided the issue that Amtrak was a private entity. Justice O'Connor wrote that she must continue to answer the question that is properly presented to the Court: whether Amtrak's decision to ban Lebron's speech, although made by a concededly private entity, is nevertheless attributable to the government and therefore considered state action …

Lebron v. National Railroad Passenger Corporation - Impact

The cases of McCulloch v. Maryland (1819) and Osborn v. Bank of United States (1819) set the foundation for the constitutional status of federal government corporations. These two decisions established three clear principles concerning a federal government corporation. First, the federal government may charter private corporations. Second, the presence of a minority of directors appointed by the p…

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