Anne Kuszynski v. City of Oakland, a Municipal Corporation Acting by and Through the Board of Port Commissioners

This is an appeal from an order denying a preliminary injunction, 322 F. Supp. 689 . Appellants sought to enjoin the enforcement of ordinances regulating the distribution of written material at the Oakland airport. The ordinance provides:

The rules and regulations provide that materials to be distributed be first submitted to the airport manager at a time prior to distribution; that the identity of the distributors and the purpose of the distribution be revealed. Distribution in some areas of the airport is forbidden, and the number of persons who may distribute is limited. The time of distribution is limited to four hours.

((Since the airport is public property we think that this case is governed by Marsh v. Alabama, 326 U.S. 501 , 66 S.Ct 276 , 90 L.Ed. 265 (1946), and Amalgamated Food Employees Union v. Logan Valley Plaza, Inc., 391 U.S. 308 , 88 S.Ct. 1601 , 20 L.Ed.2d 603 (1968), rather than Lloyd Corp. v. Tanner, 407 U.S. 551 , 92 S.Ct. 2219 , 33 L.Ed.2d 131 (1972). So governed, the applicable law is that free speech may be abridged only by regulations narrowly drawn to serve legitimate interests of the general public who use the airport. Wolin v. Port of New York…