In 1970, Harry Lehman, a candidate for the Ohio House of Representatives, wished to purchase advertising space on the rapid transit system to publicize his campaign.

The Ohio Supreme Court sided with Shaker Heights, ruling that the freedom of speech does not extend to commercial or political advertising on public transit vehicles.

Writing for four justices, Harry Blackmun wrote that a rapid transit car is not a public forum, and speech there is subject to a lower level of protection.

Other public interests include avoiding "the appearance of favoritism," and steering clear of controversies that might arise when "parceling out limited space to eager politicians.

[7] Since, in Brennan's view, the transit system was a public forum, the First Amendment prohibited "discrimination based solely on subject matter or content.