Lehman v. City of Shaker Heights

In Lehman v. City of Shaker Heights (1974) 418 U.S. 298, the court held that a political candidate has no fundamental right under the First Amendment to compel the city-owned bus system to carry his campaign advertising. To Justice Douglas, concurring, the commuter's right of privacy was as important as the candidate's right to be heard. He weighed the right of the captive audience. Justice Douglas in his concurring opinion states: "In asking us to force the system to accept his message as a vindication of his constitutional rights, the petitioner overlooks the constitutional rights of the commuters. While petitioner clearly has a right to express his views to those who wish to listen, he has no right to force his message upon an audience incapable of declining to receive it."