Lebron v. National Railroad Passenger Corporation

513 U.S. 374 (1995)

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Nature of the Case

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Facts

On November 30, 1992, P signed a contract with TDI to display an advertisement on the Spectacular for two months beginning in January 1993. The contract provided that 'all advertising copy is subject to the approval of TDI and D as to character, text, illustration, design, and operation.' P created a work that was highly critical of Coors beer with text proclaiming that Coors is 'The Silver Bullet that aims The Far Right's political agenda at the heart of America.' The work included happy drinkers of Coors juxtaposed next to a Nicaraguan village scene in which peasants are menaced by a can of Coors that hurtles towards them, leaving behind a trail of fire, as if it were a missile. D's vice president disapproved the advertisement in that it will not allow political advertising on the Spectacular advertising sign. P filed suit against D and TDI, claiming a violation of his First and Fifth Amendment rights. The District Court ruled that D, because of its close ties to the Federal Government, was a Government actor, at least for First Amendment purposes, and that its rejection had violated the First Amendment. The court granted P an injunction and ordered d and TDI to display P's advertisement on the Spectacular. The Court of Appeals for the Second Circuit reversed. The Supreme Court granted certiorari.