Moishe Meyer Rosen v. The Port of Portland James Hawley and Steven C. Laxton

dissenting:

An airport is constructed for the purpose of facilitating the movement of people and their luggage to and from airplanes. The people who use airports are of necessity funnelled through narrow portals. They must travel in relatively fixed channels from the exit gate to the luggage carrousel; from the ticket counter to the security check; from the security check to the departure gate. These people are in a sense captives. They do not have the freedom to choose alternate routes, as do users of the city streets, nor the freedom to deviate from the route, once chosen, to avoid annoyance or disturbance. I think it is the duty of an airport board to make travel as convenient as possible for these captives.

However valuable the right to speak and proselytize in public places may be, some exercise of free speech can cause disturbances. Thus, a reaction could be expected to a Ku Klux Klan demonstration in the airport at Atlanta, Georgia, or to an anti-Irish demonstration on St. Patrick’s Day in the airport at Butte, Montana. In the confines of an airport a demonstration by a sufficient number of people could cause an annoying congestion.

Certainly an airport manager, with…

Moishe Meyer Rosen, chairman of Jews for Jesus, arrived at Portland International Airport by plane and started distributing religious literature in the airport terminal. He was arrested for violating an ordinance requiring advance registration by those desiring to exercise first amendment rights at the terminal. 1 The ordinance provides for *1245 (1) one business day’s notice of an intent to distribute literature, picket, demonstrate, or “otherwise communicate with the general public” and (2) advance disclosure of the names, addresses, and telephone numbers of the sponsoring person and “responsible” person.

Rosen brought suit for declaratory and injunctive relief, claiming that the ordinance is unconstitutional on its face under the first and fourteenth amendments. 3 The district court upheld the ordinance and granted summary judgment for the defendants. 4 Rosen appealed.

The distribution of literature is a form of communication protected by the first amendment. Lovell v. City of Griffin, 303 U.S. 444 , 58 S.Ct. 666 , 82 L.Ed. 949 (1938). The first amendment is to be given full effect in the public areas of airport terminal buildings. Kuszynski v. City of *1246 Oakland, 479…

641 F.2d 1243 Moishe Meyer ROSEN, Plaintiff-Appellant, v. The PORT OF PORTLAND; James Hawley; and Steven C. Laxton, Defendants-Appellees. No. 79-4141. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1980. Decided March 5, 1981. Filed April 9, 1981. Elden M. Rosenthal, Portland, Or., for plaintiff-appellant. Donald J. Morgan, Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before HUG and REINHARDT, Circuit Judges, and SMITH, * District Judge. REINHARDT, Circuit Judge: 1 Moishe Meyer Rosen, chairman of Jews for Jesus, arrived at Portland International Airport by plane and started distributing religious literature in the airport terminal. He was arrested for violating an ordinance requiring advance registration by those desiring to exercise first amendment rights at the terminal. 1 The ordinance provides for (1) one business day's notice of an intent to distribute literature, picket, demonstrate, or "otherwise communicate with the general public" and (2) advance disclosure of the names, addresses, and telephone numbers of the sponsoring person and…