In a unanimous ruling, the court ruled that the city's ban on aerial advertising is not pre-empted by federal law and violates neither the free speech provisions of the First Amendment nor the equal protection clause of the Fourteenth Amendment . Writing for the court, Judge Margaret McKeown wrote that "Honolulu’s airspace is a nonpublic forum, and the Ordinance is reasonable, viewpoint neutral, and rationally related to legitimate governmental interests." ("Nonpublic forum" is defined as a place that is not traditionally or explicitly opened to free expression.) The Center for Bioethical Reform (CBR) challenged Honolulu's ban, claiming that the ban infringes on their right to public advocacy. The group planned to fly a plane towing a 100-foot banner showing graphic images of aborted fetuses, and contended that authorization they sought and received from the Federal Aviation Administration authorized the group to fly in all fifty states and Puerto Rico. Honolulu Mayor Mufi Hannemann praised the decision, saying, "This obviously has strong implications for our visitor industry to know that when people come here they're going to see things here that really make for an island paradise type of vacation. This is great news for us."
In a unanimous ruling, the court ruled that the city's ban on aerial advertising is not preempted by federal law and violates neither the free speech provisions of the nor the equal protection clause of the . Writing for the court, Judge Margaret McKeown wrote that "Honolulu’s airspace is a nonpublic forum, and the Ordinance is reasonable, viewpoint neutral, and rationally related to legitimate governmental interests." ("Nonpublic forum" is defined as a place that is not traditionally or explicitly opened to free expression.) The (CBR) challenged Honolulu's ban, claiming that the ban infringes on their right to public advocacy. The group planned to fly a plane towing a 100-foot banner showing graphic images of aborted fetuses, and contended that authorization they sought and received from the Federal Aviation Administration authorized the group to fly in all fifty states and Puerto Rico. Honolulu Mayor praised the decision, saying, "This obviously has strong implications for our visitor industry to know that when people come here they're going to see things here that really make for an island paradise type of vacation. This is great news for us."
R
pre-empted
preempted
D
First Amendment
D
Fourteenth Amendment
D
Center for Bioethical Reform
D
Mufi Hannemann