Hawaii Bans Aerial Anti-Abortion Ad
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Turning down a challenge from a group that opposes legalized abortion, the 9th Circuit Court of Appeals yesterday ruled that Honolulu’s ban on advertising banners flown from aircraft does not offend the First Amendment.
A 9th Circuit panel ruled, 3-0, that the ordinance is constitutional because airspace does not constitute a public forum and there are other venues for such messages. “Preservation of the visual beauty of Honolulu’s coastal and scenic areas is of paramount importance,” Judge Margaret McKeown wrote.
The judge said the fact that the city allows limited advertising on the body of aircraft, such as the Goodyear blimp, was not unfair to the anti-abortion group, the Center for Bio-Ethical Reform, because it was free to employ its own blimp or planes to deliver its message.
