Raleigh Airport Appeals Ruling on First-Amendment Protection of Newsracks

Scales_of_justice203292010.jpgThe Raleigh-Durham airport is contesting a ruling that its ban on newspaper racks was an unconstitutional restriction on free speech.

Previously, a panel of judges on the Fourth Circuit Court of Appeals upheld a ruling that removal of the racks violated the First Amendment after the Raleigh News & Observer, Durham Herald-Sun, New York Times, and USA Today took the airport to court. The Raleigh News & Observer reports:

In a 24-page brief submitted Friday to the court in Richmond, Va., RDU’s lawyers argued that, in its March 12 ruling, the Fourth Circuit improperly substituted its own judgment for that of officials and experts the airport authority employed.

The airport’s lawyers reasserted their argument that removing the racks was permissible because: the airport shops would continue to sell newspapers; the airport needs the additional revenue from the shops; and the racks were a nuisance and security risk to travelers.

(h/t Editor & Publisher)