LEHMAN v. CITY OF SHAKER HEIGHTS

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Case Basics
Docket No. 
73-328
Petitioner 
Harry Lehman
Respondent 
City Of Shaker Heights
Advocates
(argued the cause for the petitioner)
(argued the cause for the respondents)
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Facts of the Case 

Harry Lehman was running for the Ohio House of Representatives in the 56th District, which included the city of Shaker Heights. Lehman wanted to have his campaign advertisements placed on the side of Shaker Heights' streetcars. Metromedia, Inc. was designated by the city to manage that advertising space. Metromedia's contract with the city prohibited it from placing political advertisements on the streetcars. It was allowed, however, to place advertisements from businesses and public service groups. Lehman's request was denied, and he sued in the Ohio Court of Appeals for Cuyahoga County alleging that Shaker Heights' policy violated his free speech rights. The Ohio Court of Appeals ruled for the city. The Supreme Court of Ohio affirmed the decision.

Question 

Did Shaker Heights' policy against political advertising on its streetcars violate the free speech clause of the First Amendment?

Conclusion 
Decision: 5 votes for City Of Shaker Heights, 4 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

No. In a 5-4 decision, the Court affirmed the Supreme Court of Ohio and found no violation of the First or Fourteenth Amendments. Writing for a plurality of four justices, Justice Harry A. Blackmun asserted that "no First Amendment forum is here to be found," as the streetcars did not qualify as a "public thoroughfare." Accordingly, the city "need not accept every proffer of advertising." The city could reject certain types of advertising as long as the policies were not "arbitrary, capricious, or invidious." Given the "reasonable legislative objectives" of minimizing "chances of abuse, the appearance of favoritism, and the risk of imposing upon a captive audience," Shaker Heights' policy was not unconstitutional.

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LEHMAN v. CITY OF SHAKER HEIGHTS. The Oyez Project at IIT Chicago-Kent College of Law. 11 September 2014. <http://www.oyez.org/cases/1970-1979/1973/1973_73_328>.
LEHMAN v. CITY OF SHAKER HEIGHTS, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1973/1973_73_328 (last visited September 11, 2014).
"LEHMAN v. CITY OF SHAKER HEIGHTS," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 11, 2014, http://www.oyez.org/cases/1970-1979/1973/1973_73_328.