CalTrans Concedes in Free Speech Battle

San Jose, CA - In a policy statement that shocked even the two women who filed a federal lawsuit against Caltrans for violating their First Amendment rights, CalTrans will now allow all banners to hang from highway overpasses, statewide. The new policy brings CalTrans into compliance with a federal court preliminary injunction requiring the agency to either allow all banners on highway overpasses, or none.

CalTrans is appealing the ruling to the Ninth Circuit Court of Appeals, claiming instead that American flags should be the only form of speech allowed on overpasses.

“We are pleased that CalTrans recognizes the importance of overpasses as a forum for expressing the entire spectrum of political views. This decision upholds our First Amendment rights,” said Amy Courtney, plaintiff in the case, adding, “We intend to celebrate this vindication of our rights by immediately hanging highway banners in protest of a U.S. war on Iraq.”

In November 2001, Amy Courtney and Cassandra Brown twice hung a banner reading “At What Cost?” on an overpass fence over State Highway 17. Their banner was posted next to an American flag - displayed by the public - that had been hanging since 9/11/01. Brown and Courtney’s banner was removed, but the flag remained, leading to an almost year-long battle that has pitted free speech activists against the state’s transportation agency. CalTrans has now changed its policy for the third time in a year: first flags only, then no banners, now all banners can fly.

“Because of consolidation of the media, it has become nearly impossible for an individual to communicate with the public en masse,” said Cassandra Brown, co-plaintiff. “Hanging banners from highway overpasses provides a forum for those of us who cannot afford access to the media. It allows our voice to be heard.”

To schedule interviews and/or receive a copy of the CalTrans policy statement, please contact Severn Williams at 510-336-9566, or at sev [at] thespider.com.