An appeals court judge has upheld a previous ruling that the MTA’s policy of refusing all political and religious ads in the transit system is legal, meaning the agency can continue to reject controversial posters by firebrand Pamela Geller and the anti-Muslim American Freedom law Center– for now.
But Islamic supremacists who sued to run an ad, “The Muslims are Coming! The Muslims are Coming!” (no, its not referring to the Muslim invasion of Europe) will be allowed to run.
That is sharia. We were running ads with DIRECT quotes from Muslim groups. That was considered “hate speech.” When they say it, we are told to respect it. When we repeat it, it’s hate speech.
This is exactly what the Founding Fathers wanted to avoid when they wrote the First Amendment. The freedom of speech amendment was meant to protect all speech, not just the speech the elites and their running dogs in the media liked. The MTA issued a ban that appears increasingly to only apply to AFDI. The Muslim supremacist ad and a Nazi ad can run. But not our pro-freedom ads.
This is exactly why the First Amendment was enshrined in our Constitution — because who would decide what’s good and what’s forbidden? Sharia-compliant, leftist judges?
Shame on this court. These quislings did not want to really handle this appeal in a serious way. They issued their opinion per curiam (anonymous agreement) — no one just wanted to put his/her name on this opinion. Cowards.
They just cite to the general rule that the appellate court only reverses trial court’s decision to dissolve injunction if that decision was “clearly erroneous.” But First Amendment cases are the exception, and there the review must start from the beginning. The appellate court did not even hint that the free amendment might affect the level of review. This is plainly wrong and goes against prior Second Circuit case law. For all those pleased with this ruling, don’t rub your hooves in glee. This kind of abuse of our rights enshrined in the Constitution will come back to bite you.
You’ll note this major NY newspaper calls my legal team “anti-Muslim.” Defending freedom of speech is now categorically labeled “anti-Muslim.”
“MTA’s ban anti-Muslim ads on subway is legal, court rules,” By Emily Saul and Danielle Furfaro, NY Post, March 3, 2016:An appeals court judge has upheld a previous ruling that the MTA’s policy of refusing all political and religious ads in the transit system is legal, meaning the agency can continue to reject controversial posters by firebrand Pamela Geller and the anti-Muslim American Freedom law Center– for now.
Geller’s attorney had appealed Manhattan Federal judge John Koeltl’s ruling last June, in which he said “No law requires public transit agencies to accept political advertisements as a matter of course.”
But the appeals court says that, given that the MTA had changed it policy disallowing all political ads in the midst the legal battle, Geller and the AFLC’s initial arguments are now “moot.”
“AFDI is, of course, free to challenge the MTA’s new advertising standards, but it must do so through an amended complaint,” the ruling reads.
Oh we will.
The case began in 2014, when Geller’s AFDI filed suit against the MTA for blocking it from purchasing Islam-bashing ads on city buses.
MTA officials said they are happy that the court took the agency’s side.
“The MTA is pleased by the Second Circuit’s decision, which reiterated that we have acted in good faith when balancing enforcement of our advertising regulations with respect for the First Amendment,” said MTA spokesman Adam Lisberg.
What respect for the first amendment? You shredded it, Lisberg. Wait until you need it.
Article reposted with permission from Pamela Geller.