Home / News in Brief / Cuccinelli: Tourist fliers get little free speech protection

Cuccinelli: Tourist fliers get little free speech protection

The publisher of a magazine promoting Virginia tourist attractions cannot avoid a state fee at highway rest areas by wrapping itself in the First Amendment, Attorney General Ken Cuccinelli says.

Under a cost-cutting initiative from Gov. Bob McDonnell, the Virginia Department of Transportation has started charging a fee for allowing tourist fliers to be distributed at Interstate rest areas. One company questioned whether that fee was a violation of the constitutional guarantee of freedom of speech.

Not so, Cuccinelli said in a March 1 official opinion. Reviewing case law on the subject, Cuccinelli concurred with one court’s opinion that an Interstate rest area is a “non-public forum” where access can be controlled and fees can be charged.

Leave a Reply

Your email address will not be published. Required fields are marked *


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Scroll To Top