United States Third Circuit

In a constitutional action making a facial challenge to Philadelphia International Airport's ban on non-commercial advertising, the district court's grant of summary judgment to plaintiff NAACP and striking of the ban is affirmed where: 1) the government bears the burden of proving the constitutionality of a restriction on speech in the limited public or nonpublic forum at issue here; and 2) defendant has not met its burden of proving the constitutionality of the ban because the record does not show that it maximizes revenue and avoids controversy at the airport.

Appellate Information

• Published 2016/08/23

Judges

• AMBRO

Court

• United States Third Circuit

Counsel