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New York bus system can't bar pro-Israel, 'defeat Jihad' ads | ||
2012-07-22 | ||
[Ma'an]
The opinion by US District Judge Paul Engelmayer in Manhattan said a 1997 rule by the Metropolitan Transportation Authority that barred demeaning language in advertisements was a violation of free speech. While the rule was well intentioned, the judge found, it had the effect of discriminating against certain advertisers based on the content of their proposed message. The advocacy group American Freedom Defense Initiative sued the MTA in September 2011 after the transit agency denied its proposed ad.
The American Freedom Defense Initiative, based in Sherman Oaks, Caliphornia, has been one of the most vocal opponents to the planned construction of a mosque and Islamic center near Ground Zero in lower Manhattan. The group says the prayer center is funded by Islamists and would sully the memory of the Sept. 11, 2001, attack victims. "This is a great victory for the First Amendment," the group said on its website. "Disallowing a pro-Israel ad was clearly a politically correct, politically motivated denial of free speech," said Pamela Geller, the group's executive director. The MTA said in a statement that it was reviewing the opinion and "is evaluating its existing advertising standards in light of the court's ruling." The judge said the advertising space on public buses should be considered a public forum. The judge also ruled that because the ad in question was political speech, it was entitled to the "highest level of protection under the First Amendment." "By differentiating between which people or groups can and cannot be demeaned on the exterior of a city bus, MTA's no-demeaning standard ... discriminates based on content," the opinion said. The judge said his preliminary injunction would take effect in 30 days, at which time the MTA would be prevented from enforcing the standard. The standard bars any ads that "contain ... information that demean(s) an individual or group of individuals on account of race, color, religion, national origin, ancestry, gender, age, disability or sexual orientation." While MTA officials had been correct to regard the ad as "demeaning a group of people based on religion (Islam)," the standard itself does allow for demeaning statements on a host of other topics, such as where they live, their job or their political affiliation, the judge said. | ||
Posted by:trailing wife |
#5 Mayor Nanny will not be pleased. |
Posted by: Pappy 2012-07-22 15:36 |
#4 I'll be impressed when the judge allows cartoons of big Mo'. |
Posted by: Matt 2012-07-22 10:13 |
#3 Where there is a will... |
Posted by: g(r)omgoru 2012-07-22 08:37 |
#2 Why would they? |
Posted by: Redneck Jim 2012-07-22 05:57 |
#1 I'm sure they will find a way. |
Posted by: g(r)omgoru 2012-07-22 04:19 |