Kim McLane Wardlaw,
Brown v. Caltrans — Opinion of the Court
(2003)
“ A viewpoint-based permit restriction, and the delay it would necessarily entail, is particularly destructive in the realm of political debate. "Timing is of the essence in politics.... When an event occurs, it is often necessary to have one's voice heard promptly, if it is to be considered at all." ”
Kim McLane Wardlaw,
Brown v. Caltrans — Opinion of the Court
(2003)
“ Across America, her great national emblem, the United States flag, and its colors, became ubiquitous, appearing everywhere — from cars to homes, buildings to clothes. The President of the United States, on September 21, 2001, addressed the nation: "The only way to defeat terrorism as a threat to our way of life is to stop it, eliminate it and destroy it where it grows." [1] This declaration of a "war" on terrorism heightened the patriotic fervor, and, according to the California Department of Transportation ("CalTrans") , resulted in the proliferation of flags on California's highways. ”
Kim McLane Wardlaw,
Brown v. Caltrans — Opinion of the Court
(2003)
“ Although CalTrans authorizes permits for the display of signs providing directional assistance to motorists attending special events, it is plain that Courtney and Brown's expressive banners are not "directional" or related to a "special event." Even if the signs were to qualify for a permit, Courtney and Brown nevertheless have demonstrated a discriminatory burden on speech, for there is no equivalent requirement for a person desiring to hang an American flag on an overpass. In a nonpublic forum, the government must not make distinctions based on the speaker's viewpoint. ”
