West Case Update

Restrictions on Newsracks at Highway Rest Stops Upheld as Content Neutral

Description
Appeals court held that the state of Iowa could prohibit the placement of newspaper vending machines at highway rest stops in the interest of public safety. The restriction was not aimed at publications of any particular content or viewpoint.

Topic Constitutional Law

Key Words
First Amendment; Restriction on Speech; Newspaper Stands

C A S E S U M M A R Y

Facts
Jacobsen publishes "Single Scene" and other publications in Iowa. The state prohibited him from placing newspaper vending machines at rest stops on the highway. He sued the governor and other officials for violation of his First Amendment right. The district court held for the officials; Jacobsen appealed.

Decision
Affirmed. Sidewalks at highway rest stops are not public forums. The state has the right to issue content-neutral and viewpoint-neutral regulations in the interest of pedestrian safety and access. The rules were applied consistently, not just to Jacobsen in an effort to restrict the content of his publications. Hence, there was no First Amendment violation.

Citation
Jacobsen v. Dept. of Transportation, ---F.3d--- (2006 WL 1312184, 8th Cir., 2006)

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Restrictions on Newsracks at Highway Rest Stops Upheld as Content Neutral
Description	Appeals court held that the state of Iowa could prohibit the placement of newspaper vending machines at highway rest stops in the interest of public safety. The restriction was not aimed at publications of any particular content or viewpoint.
Topic	Constitutional Law
Key Words	First Amendment; Restriction on Speech; Newspaper Stands
C A S E S U M M A R Y
Facts	Jacobsen publishes "Single Scene" and other publications in Iowa. The state prohibited him from placing newspaper vending machines at rest stops on the highway. He sued the governor and other officials for violation of his First Amendment right. The district court held for the officials; Jacobsen appealed.
Decision	Affirmed. Sidewalks at highway rest stops are not public forums. The state has the right to issue content-neutral and viewpoint-neutral regulations in the interest of pedestrian safety and access. The rules were applied consistently, not just to Jacobsen in an effort to restrict the content of his publications. Hence, there was no First Amendment violation.
Citation	Jacobsen v. Dept. of Transportation, ---F.3d--- (2006 WL 1312184, 8th Cir., 2006)