United States Eleventh Circuit

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, but the discretion surrounding such fee must be restrained through procedures or instructions designed to reduce or eliminate the possibility of viewpoint discrimination.

Appellate Information

• Decided 03/04/2003
• Published 03/04/2003

Judges

• BIRCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, MARCUS, WILSON and HILL , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• William H. Boice,Michael W. Tyler, R. Scott Tewes, Kilpatrick & Stockton, LLP, Atlanta, GA, for Defendants-Appellants., Peter Crane Canfield, Sean Richard Smith, Dow, Lohnes & Albertson, James C. Rawls, Eric P. Schroeder, Powell, Goldstein, Frazer & Murphy, LLP, Atlanta, GA, Alice Neff Lucan, Washington, DC, for Appellees.