ATLANTA JOURNAL AND CONSTITUTION v. CITY OF ATLANTA DEPARTMENT OF AVIATION

Nos. 00-14413, 00-15181 and 00-15185.

277 F.3d 1322 (2002)

ATLANTA JOURNAL AND CONSTITUTION, USA Today, a division of Gannett Satellite Information Network ("GANSAT"), Inc., Plaintiffs-Appellees, New York Times Company, d.b.a. The New York Times, Intervenor-Plaintiff, Appellee, v. The CITY OF ATLANTA DEPARTMENT OF AVIATION, Benjamin R. Decosta, in his official capacity as Aviation General Manager, City of Atlanta, Steve Baker, in his official capacity as Aviation Deputy General Manager, City of Atlanta, Shirley Franklin, in her official capacity as Mayor, City of Atlanta, Defendants-Appellants. Atlanta Journal and Constitution, USA Today, Plaintiffs-Appellees, New York Times Company, d.b.a. The New York Times, Intervenor-Plaintiff, Appellee, v. The City of Atlanta Department of Aviation, Benjamin R. Decosta, in his official capacity as Aviation General Manager, City of Atlanta, Steve Baker, in his official capacity as Aviation Deputy General Manager, City of Atlanta, Shirley Franklin, in her official capacity as Mayor, City of Atlanta, Defendants-Appellants. USA Today, a division of Gannett Satellite Information Network ("GANSAT"), Inc., Plaintiff-Appellee, New York Times Company, d.b.a. The New York Times, Intervenor-Plaintiff, Appellee, v. The City of Atlanta Department of Aviation, Benjamin Decosta, in his official capacity as Aviation General Manager, City of Atlanta, Steve Baker, in his official capacity as Aviation Deputy General Manager, City of Atlanta, Shirley Franklin, in her official capacity as Mayor, City of Atlanta, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 4, 2002.


Attorney(s) appearing for the Case

William H. Boice, Michael W. Tyler, R. Scott Tewes, Kilpatrick & Stockton, LLP, Atlanta, GA, for Defendants-Appellants.

Peter Crane Canfield, Atlanta, GA, James C. Rawls, Eric P. Schroeder, Powell, Goldstein, Frazer & Murphy, LLP, Sean Richard Smith, Dow, Lohnes & Albertson, Atlanta, GA, for Plaintiffs-Appellees.

Alice Neff Lucan, Washington, DC, for USA Today.

Before BLACK, HILL and STAPLETON, Circuit Judges.


HILL, Circuit Judge:

In 1996, the City of Atlanta, through its Department of Aviation, implemented a new plan regulating news racks at Hartsfield Atlanta International Airport. The Atlanta Journal and Constitution, later joined by the New York Times and USA Today, brought this action seeking a declaration that the plan unconstitutionally deprived it of its rights under the First Amendment and an injunction against enforcement of the plan. In July of 2000, upon consideration...

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