context: We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora.
citation_a.signal: see also
citation_a.parenthetical: rejecting the same argument presented by appellants in this case and noting that "the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion"
citation_a.sentence: See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”).
citation_b.signal: see
citation_b.identifier: 505 U.S. 678, 678
citation_b.parenthetical: Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor
citation_b.sentence: See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”).