摘要：School buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment “forum analysis” as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property. School buses, a practical necessity for millions of children across the country, are increasingly at the center of controversial efforts to raise revenue for distressed public school districts. Commercialization of the school setting is not new, 1,2 and school buses have been the subject of contentious marketing strategies in the past. 3 New school bus advertising bills and laws have brought commercialization concerns back to the forefront, and may have unwittingly exposed school districts to First Amendment lawsuits. School bus advertising is intended to generate revenue for the state, usually for school-related needs. 4,5 In states with enacted laws, revenues are reportedly modest. 6 However, supporters believe any level of income is meaningful, 6 and have called bus advertisers “local heroes” for investing in schools. 7 Not all public officials and parents agree. 6 Bills have been voted down over safety concerns and disagreement with the commercialization of the school setting. 8 In addition to raising concerns about safety and commercial exploitation, such proposed state legislation may be unintentionally setting up school districts to be the target of First Amendment lawsuits. 9 Public school buses are government property akin to public transportation and school campuses. When they have opened their facilities to advertisers, public transit authorities are regularly required to fend of First Amendment lawsuits, 10–14 and public school districts have faced similar legal challenges. 15,16 School buses may represent the next frontier of litigation over permissible speech on government property. School districts generally want to maintain control over what can be displayed on the interior and exterior of school buses. Therefore, an understanding of First Amendment jurisprudence related to government property and of the applicable legal test, forum analysis, are essential. 17 I examined various proposed and enacted school bus advertising bills and laws. I also reviewed First Amendment forum analysis as applied in the public transit and public school settings to clarify how this body of law may affect school districts subject to school bus advertising laws. I have made recommendations for school districts to enact appropriate policies to maintain control over their property and avoid litigation.
