Am. Freedom Defense Initiative v. Mass. Bay Transp. Auth., No. 14-1018 (1st Cir. 2015)
Annotate this CaseThe American Freedom Defense Initiative (AFDI) asked the Massachusetts Bay Transportation Authority (MBTA) to display a pair of paid, private advertisements on the trains, buses, and transit stations that the MBTA operates. The MBTA refused to display the advertisements, which concerned the Israeli-Palestinian conflict, concluding that AFDI’s submissions violated one of its Guidelines, namely, the prohibition on advertisements containing material that “demeans or disparages” individuals or groups. AFDI brought suit in federal court alleging a violation of the First Amendment and seeking a preliminary injunction ordering the MBTA to run the ads. The district court denied relief. The two cases were consolidated on appeal. The First Circuit affirmed, holding that the MBTA’s restriction on the display of advertisements that “demean or disparage” does not violate the First Amendment, either on its face or as applied.
The court issued a subsequent related opinion or order on April 3, 2015.
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