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LEBRON v. WASHINGTON METRO. AREA TRANSIT AUTH.

No. 84-5189.

749 F.2d 893 (1984)

Michael A. LEBRON, Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 1984.

Attorney(s) appearing for the Case

Donald Weightman, Washington, D.C., with whom Alan J. Roth, Washington, D.C., was on brief, for appellant. Nancy E. Wiegers, Washington, D.C., also entered an appearance for appellant.

Thomas Fortune Fay, Olney, Md., with whom John C. Swanson, Washington, D.C., was on brief, for appellee.

Arthur B. Spitzer, Washington, D.C., was on brief for amicus curiae, American Civil Liberties Union of the Nat. Capital Area, urging reversal.

Before BORK, SCALIA, and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge.

This case arose when the Washington Metropolitan Area Transit Authority ("WMATA" or "Authority") refused to lease display space in its subway stations to Michael A. Lebron, who sought to display a poster critical of the Reagan administration. WMATA refused because in its judgment Mr. Lebron's poster is "deceptive." Mr. Lebron then sued to enjoin WMATA from violating the rights guaranteed...

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