Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, Inc.

1987-06-15

Headline: Court strikes down Los Angeles rule banning all “First Amendment activities” at LAX, blocking a sweeping speech ban and protecting travelers’ ability to hand out literature, speak, or wear messages at the airport.

Holding: The Court held that the Los Angeles resolution banning all "First Amendment activities" in the airport terminal is substantially overbroad and violates the First Amendment, so the blanket ban cannot be enforced.

Real World Impact:

Blocks a sweeping ban on speaking, distributing literature, or wearing message-bearing items at LAX.
Prevents airport officials from enforcing a blanket "no First Amendment activities" policy.
Leaves open narrower rules but protects travelers and groups from total speech bans.

Topics: free speech, airport restrictions, religious literature distribution, speech bans

Summary

Background

The City of Los Angeles Board of Airport Commissioners adopted a resolution saying the Central Terminal Area at LAX "is not open for First Amendment activities by any individual and/or entity." A minister for the religious group Jews for Jesus was stopped while handing out religious leaflets, shown the resolution, and told to leave. Jews for Jesus and the minister sued, and lower courts found the resolution unconstitutional; the Supreme Court granted review and affirmed the judgment below.

Reasoning

The Court focused on whether a blanket ban on all "First Amendment activities" violates the First Amendment. It applied the overbreadth doctrine, which lets someone challenge a law on its face when the law threatens a wide range of protected speech. The Court found the resolution reached the entire universe of expressive activity and would forbid even talking, reading, or wearing political or religious buttons. Because no sensible narrowing could save the rule and no state-court clarification was practical, the Court concluded the resolution is substantially overbroad and therefore unconstitutional.

Real world impact

The decision prevents Los Angeles from enforcing a total ban on expressive activity in the Central Terminal Area and protects travelers, religious groups, and political speakers from being barred solely for speaking or handing out literature. The Court expressly did not resolve whether LAX is a traditional public forum, so narrower, content-neutral, or time‑place-manner rules were not decided here.

Dissents or concurrances

Justice White, joined by the Chief Justice, concurred but warned the opinion should not be read as deciding that the airport is a traditional public forum.