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17 Wash. J. L. Tech. & Arts 1 (2022)

handle is hein.journals/washjolta17 and id is 1 raw text is: WASHINGTON JOURNAL OF LAW, TECHNOLOGY & ARTS VOLUME 17, ISSUE 1 WINTER 2022 BATTLE OVER BUS ADS: RETHINKING LEHMAN AND SPEECH RESTRICTIONS ON PUBLIC TRANSPORTATION Scott Gutierrez * ABSTRACT Public transportation systems carry millions of daily commuters and provide a valuable platform for display advertising. However, transit authorities that open their rolling billboards to speech may be hesitant to carry ads that offend riders and create conflicts with their mission of providing a safe and comfortable commuting experience. Advocacy groups have sued to overturn bans on controversial transit ads, prompting inconsistent rulings about whether such bans violate the first amendment. These rulings rely on Lehman v. City of Shaker Heights, a divided supreme court decision from 1974 that held that the first amendment did not require the Shaker Heights transit system to run political ads inside buses. This article proposes that it is time for the Supreme Court to revisit Lehman, and time for public transit agencies to choose between advertising revenue and unfettered speech. * J.D. 2021, University of Washington School of Law. The author is immensely grateful to Professor Robert Gomulkiewicz for his time and guidance on this project, as well as his input on multiple drafts. Additional thanks go to Professor William S. Bailey for his advice and support, and to the incredible staff members of the Washington Journal of Law, Technology & Arts for their proofreading, suggestions, and patience. Finally, the author would like to thank King County Metro Transit in Seattle for an educational 1L summer internship, as well as public transit workers everywhere who keep people and the economy moving, even amidst the depths of a pandemic. 1

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