By: E&P Staff
On July 13, the U.S. Fourth Circuit Court of Appeals turned down a Raleigh-Durham Airport Authority request that the full court review lower court decisions that would force the North Carolina airport to end its newsrack ban.
The News & Observer, The McClatchy Co.’s daily in Raleigh, is among four companies that sued the authority, arguing that its ban violates the First Amendment by preventing dissemination of news.
The N&O reported that the airport authority’s lawyer was reviewing the decision and that no decision has been made regarding a possible appeal to the U.S. Supreme Court.
The airport made its case based on security, congestion and aesthetics, as well as seeking to maximize revenue from retailers that sell newspapers in its terminals, according to the N&O.
Plaintiffs argued that the airport’s shops are unable to sell newspapers to all travelers because they are not open at all hours.
In 2008, a U.S. district court allowed installation of newsracks and ordered the airport authority to pay plaintiffs’ legal bills. The appellate court upheld the ruling.