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4th Circuit nixes N.C. airport ban on news racks

By The Associated Press
03.15.10

RICHMOND, Va. — A federal appeals court says a ban on newspaper racks in a North Carolina airport's terminals is unconstitutional.

A panel of the 4th U.S. Circuit Court of Appeals ruled 2-1 March 12 that the government interests asserted to justify the Raleigh-Durham Airport Authority's ban are overridden by the First Amendment.

The ruling is a victory for The News & Observer of Raleigh, The Herald-Sun of Durham, The New York Times and USA Today. Their attempts to place news racks in the terminals were rebuffed by the airport authority, which cited security and other concerns.

The court said newspaper racks have no more potential as hiding places for bombs than other terminal fixtures, such as trash cans and restrooms.


Previous
Newspaper companies challenge airport's ban on rack sales
Attorney says North Carolina facility's policy that restricts newspaper sales to gift shops violates the right to distribute news. 09.05.04

Related

Nashville mayor vetoes plan to charge for newspaper racks

Bill Purcell says proposal could be considered 'an abridgment of a free press and (it) raises significant First Amendment issues.' 05.17.07

NYC can replace newsstands, state appeals court rules

In unanimous decision, justices reject vendors' argument that city violated their First Amendment rights by turning over newsstands to franchisee. 11.13.07

News racks: more important than you might think
By Gene Policinski Nashville mayor vetoes a restraint on press freedom. Also: Reflections on Jerry Falwell, Larry Flynt and free speech. 05.17.07

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