Inc. Airport Commissioners v. Jews for Jesus

The ruling invalidated a city airport's resolution banning all First Amendment activities in the central terminal. The Supreme Court decided that the resolution was substantially overbroad in violation of the First Amendment because its express language prohibited even talking and reading or the wearing of campaign buttons or symbolic clothing. The resolution was invalid, regardless of whether the airport was a public or nonpublic forum.

The First Amendment to the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the government for a redress of grievances.

In the 1980s, religious organizations used commercial airports as a forum for the distribution of literature, the solicitation of funds, proselytizing new members, and other similar activities. Airport authorities, concerned with congestion and the disruption of airport business, enacted rules attempting to limit such activity. Religious groups challenged these rules under the First Amendment.

In 1983, the Board of Airport Commissioners of the city of Los Angeles adopted a resolution, which provided that "the Central Terminal Area at Los Angeles International Airport is not open for First Amendment activities by any individual and/or entity." The resolution also warned that

if any individual or entity engages in First Amendment activities within the Central Terminal Area at Los Angeles International Airport, the City Attorney . . . is directed to institute appropriate litigation against such individual and/or entity to ensure compliance with this Policy.

In 1984, a minister with the religious group, Jews for Jesus, was stopped by an airport peace officer while distributing religious literature on a walkway in the central terminal. The minister was shown a copy of the resolution, told that his activities violated the resolution, and instructed to leave the facility. The minister was also warned that his refusal to leave would result in legal action by the city.

Jews for Jesus and its minister filed an action in the district court for the Central District of California claiming that the resolution was facially unconstitutional under both the California and U.S. Constitutions because it banned all speech in a public forum. They also claimed that the resolution was applied to Jews for Jesus in a discriminatory manner and that it was unconstitutionally overbroad and vague. The district court ruled only on the first claim. The district court first found that the central terminal area was a traditional public forum under federal law, and then concluded that the resolution was facially unconstitutional under the U.S. Constitution. The Court of Appeals for the Ninth Circuit affirmed. The court of appeals concluded that "an airport complex is a traditional public forum," and held that the resolution was unconstitutional on its face under the U.S. Constitution. The Supreme Court granted the airport commissioners' petition for a writ of certiorari and ordered the court of appeals to forward the case to the Supreme Court for its review.