Judge won’t override NY MTA’S end run around the FIRST AMENDMENT, a political ad ban against AFDI

64

We won our free speech court case against the NYC MTA. We won. And so the liberal fascists did an end run around the First Amendment.

The fact is that even if they did properly close the forum to “political” ads, and if indeed our ad is “political,” we  had a vested or grandfathered right to have these ads go up. The MTA’s “New Policy” prohibiting “political ads” has not done the trick of closing down the forum, because it is targeted at me and my viewpoints, and the MTA’s definition of “political” as “disputed opinion” is viewpoint based and not lawful.

DY Declaration–ECF

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Ex. 1 to Geller Dec_Complaint–FDI v MTA–ECF

Ex. 2 to Geller Dec_AFDI v MTA I vol dismissal.ECF

Geller Declaration–ECF

Pls’ Response to Mot to Dissolve–ECF

We are not backing down. Our brave and brilliant legal team, David Yerushalmi and Robert Muise, said we will decide on Monday whether to amend the complaint or appeal Koeltl’s decision.

“We do not intend to allow any grass to grow under this ruling,” Yerushalmi said.

Yerushalmi muise geller spencer

“Judge won’t override New York MTA political ad ban for group’s ad,” NEW YORK | By Jonathan Stempel, Reuters, June 19, 2015
New York City’s Metropolitan Transportation Authority need not display a controversial advertisement from an anti-Muslim group on its buses, a federal judge ruled on Friday, after the agency voted to ban all political ads from buses and subways.

U.S. District Judge John Koeltl in Manhattan said the new MTA policy approved on April 29 mooted his earlier preliminary injunction requiring that it display an ad from the American Freedom Defense Initiative that was critical of Hamas, and referred to Muslims killing Jews.

Koeltl said the policy change likely converted MTA buses and subways into a “limited public forum” or “nonpublic forum,” giving the agency more control over ad content.

 

“Some may regret the MTA’s prohibition of political advertisements and the resulting loss of a public forum for heated political debate,” Koeltl wrote. “But no law requires public transit agencies to accept political advertisements as a matter of course, and it is not for this court to impose its own views on what type of forum the MTA should create.”

The American Freedom Defense Initiative had argued that the injunction should remain in place because the new MTA policy was unconstitutional and designed to silence the group.

Koeltl invited the group to amend its complaint to address the policy’s constitutionality.

David Yerushalmi, a lawyer for the American Freedom Defense Initiative, said the group will decide on Monday whether to amend the complaint or appeal Koeltl’s decision.

david-yerushalmi-pamela-geller-640x480

“We do not intend to allow any grass to grow under this ruling,” Yerushalmi said.

Koeltl had delayed enforcement of the injunction so the MTA could decide how to respond. The injunction never took effect.

The case is American Freedom Defense Initiative et al v. Metropolitan Transportation Authority et al, U.S. District Court, Southern District of New York, No. 14-07928.

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Marry Thomas
8 years ago

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livingengine
livingengine
8 years ago
Reply to  Marry Thomas

click on her name, and use the “report user” option in the upper right hand corner to report this spammer..

David
David
8 years ago

Thank you for all you do! Your sacrifice is getting the word out!

Jaques Chic
Jaques Chic
8 years ago
Reply to  David

Actually, she isn’t getting the word out, and now she’s shut down political ads for the rest of us. Thanks, O-Geller!

David
David
8 years ago
Reply to  Jaques Chic

What an ignorant statement! She didn’t shut down anything, cowards did. If you don’t appreciate free speech, move your ass to Europe where political correctness is worshipped to the point of fining/imprisoning those who speak out against the death cult of islam.

Dave from San AntonioD
Dave from San Antonio
8 years ago
Reply to  David

Islam…the anti-thesis of freedom…in all respects. Islam…whose followers bill it as “the religion of peace and tolerance”…and whose followers…will kill you if you don’t convert…or even if you disagree with it.

Dave from San AntonioD
Dave from San Antonio
8 years ago
Reply to  Jaques Chic

…and, pray tell…just what “political ad” did you want to run?
She didn’t shut anything down…the corrupt establishment did…you know…those who want to destroy all our individual rights.

Jaques Chic
Jaques Chic
8 years ago

Well, it doesn’t really matter the content. If I asked the transit system to run my ad and they refused, I would just accept that they have the right to. I might even wonder if they had a point… that I was reckless and trying to invite terrorists to bomb busses. Pamela, of course, acting in the manner of some fanatical Scientologist, starts calling in the lawyers. Does the transit system really have the money for this bullshit? Of course not. So they just scrap issue ads altogether.

Who wins? No one. Who loses? We do. Now there is LESS free speech.

Dave from San AntonioD
Dave from San Antonio
8 years ago
Reply to  Jaques Chic

But…Pamela is trying to promote free speech and protect it. She hasn’t shut down anything…corrupt officials have…I guess they have to be “politically correct”…
To just accept that “they have the right to” censor or tell you what free speech is…is part of the problem in our society.

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

I don’t think you need to invite terrorists to do anything. They’ve got an agenda they’ve already blown up all kinds of things. They’re just using terror to shut us up. They want submission. And our Government seems to want to shut us up. This is a very important time in American History. Probably more so than the Civil War.

Jaques Chic
Jaques Chic
8 years ago
Reply to  donemyhomework

On the contrary. Consider the debacle in Garland. These two would-be jihadis did not need to drive all the way from Phoenix to shoot people. They could have gone to their local McDonalds and killed everyone they found. But terrorists, even lone wolves, need motivation. And like it or not, what every aspiring jihadi now knows (without being told) is that people who draw Mohammed are legitimate targets.

It doesn’t matter that their is no decency or logic to it. It has become its own agenda, like it or not. When Pamela held that contest, she was playing right into the hands of terrorists. Those two in Garland did NOT have the benefit of direct instruction, so Pamela actually “radicalized” them into picking their target!

And now she wants to give terrorists a reason to attack busses?? So no, the transit authority acted as they had to to prevent Pamela Geller from inspiring YET ANOTHER terrorist attack.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

I see it as a plus that the Draw Muhammad contest smoked out two psycho killers. You and other dhimmis are the ones who are playing into the hands of the terrorists who are using our own system against us.

Jaques Chic
Jaques Chic
8 years ago
Reply to  sandra schmidt

If that is your logic, then I suppose that Charlie Hebdo also “smoked out” a couple of terrorists. Problem is, sometimes the terrorists smoke YOU in the process.

The truth is just as likely to be the opposite: two would-be terrorists used Pamela’s event as the straw that broke the camel’s back. It doesn’t matter that they are still the villains, the question is: do you want to be the victim when the next one of these guys shows up looking for Pamela?

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

I am not the victim type. I use my real name when posting comments and am fully prepared to defend myself from violent thugs. I have no desire to live as a slave or to submit to Islamic sensibilities. I think this Sam Adams quote sums up the attitude of the patriots on this site pretty well:

“If ye love wealth better than liberty, the tranquility of servitude better
than the animating contest of freedom, go home from us in peace. We
ask not your counsel or your arms. Crouch down and lick the hands
which feed you. May your chains set lightly upon you, and may posterity
forget that you were our countrymen.”

Goodbye loser.

donemyhomework
donemyhomework
8 years ago
Reply to  sandra schmidt

Sandra, I like that. I believe every woman should be trained and confident to defend herself and her loved ones. She should not be a victim. Like in the book by Lillian Glass, Talk To Win, don’t ever assume the posture or demeanor of a victim.

sandra schmidt
sandra schmidt
8 years ago
Reply to  donemyhomework

I will find the book and read it. Thanks for the information!

donemyhomework
donemyhomework
8 years ago
Reply to  sandra schmidt

Yes, it’s a new dimension of thought…a good read and not too cumbersome like Success and the Gentle Art of Self Defense by Suzette Haden Elgin.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

War Sucks. It came in the 1940’s thanks to Socialism (national and soviet). Today War is on the horizon thanks to Islamofascism and it’s towel boys in the regressive progressive socialist anarchist fifth column.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

More honeypots/jihad motels to draw islamofascists to their doom.

donemyhomework
donemyhomework
8 years ago
Reply to  sandra schmidt

The word dhimmis properly fits him. I see his logic, but I don’t think he knows anything about Islam. All he really wants to do is argue.

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

You’re afraid of terrorist attacks. That’s good. It shows that those people are here. Did you happen to look at the pictures from the exhibit? I didn’t see anything provocative there. The bozos who drove a thousand miles didn’t even see the pictures. All they were was a couple of yes men that listened to their cleric and did what he told them to do. Do you believe in the term seeing is believing. That’s the proof. Each and every mosque is a military staging point. It’s in the Quran. Right now we have something like 3664 mosques in the United States. She was hosting an art exhibit. Totally innocuous. This is America after all. Or do you consider we should lay down our freedom under threat? Once you give up freedom you have to fight to get it back. Or are you pretending to be deaf dumb and blind? If you’re living in fear, then you’re easier to control. Pamela Geller’s game is communication and standing up for freedom and American values. Since that Art Event, a whole terror cell has been exposed. One of the group had plans for an attack on the Superbowl. You’re not going to stop anything by complaining about provocation. Because they will not stop regardless of what happens.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Jaques Azz, Appeasing Islamofascism doesn’t work.

Islamofascist Terrorism infuriates Infidels who have the Right to Resist Islamofascism.

IzlamIsTyranny
IzlamIsTyranny
8 years ago
Reply to  Jaques Chic

Yes, there is less free speech, because, on behalf of islamic-nazis such as you, the corrupt MTA board has saw fit to eliminate free speech on a publicly owned venue.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

Sue the MTA if you want your rights back, Chic. Don’t sit and whine while AFDI does it for you.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

SHlTlerhead, There were no AFDI ads on 9/11. Blaming AFDI for islamofascism is “progressively” idiotic.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

MTA shut down the political ads, not Ms. Geller.

Tommy Guns
Tommy Guns
8 years ago
Reply to  Jaques Chic

Idiotic comment. And how does a Pamela Geller shut down political ads???? Is she the CEO of the NYMTA, or the governor of New York??? Do you understand the concept of free speech???

Roger
Roger
8 years ago

Just once, how would you like to be a fly on the wall in the WH when it’s time for bed.

Obama WhoSane, I’m ready! Get in here!
I’m already in my sleeping bag, my beautiful, sweet, gorgeous, wonderful wife.

Don’t make come out in the hallway and get you! Get you ass in here and kiss mine!

I’m coming dear…

The worst case of Battered Husband Syndrome on record.

scrubjay
scrubjay
8 years ago

Pam,
I hope your legal team will explore the public forum issue in relationship to government permitting of billboards through zoning codes. If there is a government nexus the first amendment rules might apply to Clear Channel’s decision to refuse your ads.

DemocracyRules
DemocracyRules
8 years ago

But Public Service Announcements are still allowed

So how about running one?
The bolded title across the top could read:
PUBLIC SERVICE ANNOUNCEMENT
The text could simply say:
Violent Islamists have declared war against the USA.
The graphic could be the same Muslim terrorist as you used in your other advertisements.
The attribution at the bottom could be your usual sponsorship blurb. Or, to make it more difficult for them to reject the ad, the sponsor could read, “A group of concerned citizens.”

“If you find yourself in a fair fight, you didn’t plan your mission properly.” ~ Colonel Hackworth

Mike Knox
Mike Knox
8 years ago

The MTA is run by craven cowards. Take them down Pamela!

Butseriously
Butseriously
8 years ago

Actually, exposing murderous doctrines is above politics.

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knight
knight
8 years ago

Please go in Jesus’s name.

Sometimes one needs more than human help and we have to stand together to fight evil.

John 16:23-24 New International Version (NIV)

23 In that day you will no longer ask me anything. Very truly I tell you, my Father will give you whatever you ask in my name. 24 Until now you have not asked for anything in my name. Ask and you will receive, and your joy will be complete.

Jaques Chic
Jaques Chic
8 years ago
Reply to  knight

Yeeeahhhhh…. Pamela’s an atheist, Kuhniggut.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

What should her religious beliefs matter to you? Ms. Geller supports the First Amendment and the right of all Americans to believe as they please, just not to force it on their fellow citizens.

Jaques Chic
Jaques Chic
8 years ago
Reply to  sandra schmidt

I’m just pointing out that Pam does not “go” anywhere in Jesus’ name. Kuhniggut is barking up the wrong tree.

As to your other point, Pamela did force the hand of the MTA, and now your political ad or mine can’t run because Pamela has the lawyers to harass a public agency that doesn’t see things her way (i.e., they don’t believe that bus bombings will lead to more free speech). This is Pamela in a snit limiting free speech for the rest of us.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

Your anti-intellectual argument has more twists than a pretzel and is infinitely less satisfying. No one buys it and no one cares if Pamela is acting in Jesus’ name. Only religious nut-cases claim to be acting in Jesus’ name. See you on the sidewalk with your sandwich board.

Jaques Chic
Jaques Chic
8 years ago
Reply to  sandra schmidt

I notice that referring to my “pretzel” logic is a common rebuttal to my argument. I think the cause-and-effect relationship between what Pam claims to be doing and its outworkings are easy to detect.

For example:

Pamela claims to be promoting conversation, and yet Anders Breivik takes inspiration from Pamela’s website to murder dozens of people in Oslo.

Pamela claims to be promoting free speech, yet in a move no one asked her to make, she encourages terrorists to come attack her, risking the lives of not only the attendees, but passersby.

Pamela claims to represent the views that are the answer to jihadi violence, and yet an armed mob gathers outside a mosque in Phoenix (after holding a “cartoon contest” in a parking lot), and has to be held back by the police, lest they burst in on the worshippers, guns a’blazin.

In Boston, Pamela is once again the locus of violence as another kook looks for a reason to commit murder.

Pamela claims to desire “free speech”, yet when the MTA determines that her ads promote hatred and violence, she threatens to sue them, forcing them to limit the advertising you or I can take out– because only Pam’s message counts.

So far, EVERY action Pam has taken has lead to death, danger to average Americans, hostility, ill-will, paranoia and a reduction in OUR liberties.

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

It makes me smile…all of your conclusions are wrong. You must be one of those opposite people with inverted logic and a pacifist personality. You are probably a Muslim too.

Jaques Chic
Jaques Chic
8 years ago
Reply to  donemyhomework

Here’s a question for Pamela, and maybe you could pose it to her in the spirit of a supporter: Of all those billboards where the Mohammed cartoon is running, how many of them are located ON a building (for instance, the roof or side?)

I would be willing to bet that there is no business in America that wishes to sign its name to the sentiments of those billboards by actually having them displayed on their property.

Somebody post a genuine photograph of a Mohammed billboard that is attached to an actual business or residence, and I will have to STFU, but I would put money on my claim that no one in the real world backs Pamela’s mission enough to be associated with it openly.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Why didn’t Christians respond to the Piss Christ “art” or the elephant dung Mary “art” behave like murderous islamofascists?

What are your views on the hanging of gay teens in Islamist Iran or the Taliban shooting a girl in the head for wanting an education or Boko Haram kidnapping and raping girls in Nigeria?

Jaques Chic
Jaques Chic
8 years ago

The obvious response is that if Muslims are the people Pam says they are, there should have been more than one pathetic attempt on her life. They should have arisen en masse. And if white Christians are the gentle souls you are suggesting THEY are, we’d have a few more worshippers praising Jesus at Emanuel African Methodist Episcopal Church this Sunday.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Muslims are waging jihad on EVERYBODY. Even fellow Muslims (sunni/shiite/salfi/wahabbi/klingon/morllock/gays/girls).

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Any real photos of AFDI ads with “mohammed” cartoons on them???

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago

There are real photos of AFDI ads with pictures of the WTC exploding when one of the hijacked planes crashed into the WTC.
comment image

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

Jaques, how nice to hear from you. The only businesses that I know of that support a billboard in front of their business is like Campbells Soup, Hershey’s Chocolate, General Dynamics, whatever…and they use the space to advertise their products, that makes good business sense. Businesses are in business to make money. And that’s a tax write off. Public service announcements are generally on thru fares and open transportation facilities. So your attached to a business or residence argument is invalid and your STFU was a little on the spikey side.

And what exactly do you think that AFDI ‘s mission is? That might be the issue that’s tantamount to this discussion. So I’d be curious as to your definition. I know your logic is abbreviated in a simple cause effect motif. So I’d like to see exactly what’s really bothering you.

Jaques Chic
Jaques Chic
8 years ago
Reply to  donemyhomework

What I was referring to were commercial buildings that have an attached billboard, as opposed to those free-standing billboards Pam’s ads are also appearing on. A building with an attached billboard is obviously lending its owner’s reputation to whatever is being advertised, and I doubt any business would knowingly associate with Pamela and her crusade.

AFDI’s mission is clear enough: slander Muslims every way they can, spread the idea that all Muslim’s hate the West, and therefor we can do whatever we want to them, and if WE can, Israel certainly can as well.

Untrue? If you can find a single flattering word about Muslims (not Arabs, not ex-Muslims) anywhere on this site, please post the link.

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

Obviously you have not read the Quran. You don’t know the history of Islam and their Holy dictates. “Their Word of God” You obviously don’t know anything about Sharia. And it looks like you are not aware of current events. So your arguments are coming from a position of ignorance. No wonder your logic is askew.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Jaques Azz, The truth is not slander.

See 9/11, 1993 truck bombing of the WTC, Boston Marathon bombing, bombing of Pan Am 103, beheading of British soldier Lee Rigby on the streets of London, 2005 bombing of London transport, Mumbai India massacre, Nairobi Kenya mall massacre, ISIS beheading captives videos, Charlie Hebdo massacre, assassination of US Senator Robert F. Kennedy, death fatwa on writer Salman Rushdie and Danish cartoonists, interrupted sneaker and underwear bombings – interrupted by alert passengers, interrupted jihad on Garland Texas meeting, Fort Hood Texas massacre…

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Fascist Iran hates America and calls for its death.

Would it OK with you if the President of the US were to respond and call for DEATH to Iran?

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Jaques Azz, Remind us, how many Muslims did Brevik kill???

Socialist max blumenthals writings inspired Frazier Glenn Miller to murder three people in Kansas.

Jaques Chic
Jaques Chic
8 years ago

I’m not sure of your point. I didn’t claim he killed Muslims. He did, however, kill the people he thought were enabling Muslim immigration. And, as I pointed out, he was a big, BIG fan of Pamela.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

The AFDI ads show that some Muslims were allies of Socialist hitler (Grand Mufti), are urged to kill Jews, Christians, wage jihad on America, Europe.

The 9/11 hijackers were BIG fans of Osama bin Laden.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

A day after the Charlie Hebdo massacre, a Kosher supermarket in Paris was attacked, several innocent people (who never published a moohammed cartoon) were killed.

sandra schmidt
sandra schmidt
8 years ago
Reply to  Jaques Chic

Better decide which side you’re on, sissy boy. If you want to protect the misogynist, homophobic Muslims it seems you have chosen.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

Islamofasicsts are not Freedom of Speech advocates.

They are Sharia Law advocates and enforcers.

That’s for islamofascist regimes, NOT for civilized societies.

donemyhomework
donemyhomework
8 years ago
Reply to  Jaques Chic

You know you could run a political ad and run for office. Not to worry, they’ll take your money…they just don’t want to touch Islam.

SCREW SOCIALISM
SCREW SOCIALISM
8 years ago
Reply to  Jaques Chic

9/11 hijackers – NOT atheists, as well as the Charlie Hebdo, Ottawa, Sydney, Fort Hood, Beslan, Boston Marathon islamofascists.

Bronish
Bronish
8 years ago

Many of us lovers of liberty and freedom of speech here in America are covering in prayer you n your marvelous and courageous team to the Most High…..Pamela may G-d be with you forever and always….in the holy name of Yeshua I pray.

Dave from San AntonioD
Dave from San Antonio
8 years ago

I guess our liberal judges…are taking it on themselves to help destroy the 1st Amendment. Gee…I thought they all took oaths to support and defend the Constitution and did this without mental reservation or purpose of evasion. The old saying that “Justice is Blind”…really doesn’t apply anymore…just as our freedoms under the Constitution and Bill of Rights are disappearing. I guess all these rights are…”void where prohibited by law”.

Troarat45
Troarat45
8 years ago

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sandra schmidt
sandra schmidt
8 years ago

Excellent work by your attorneys. Really loved the request for three months of discovery. Sifting through the emails of the MTA board members and their henchmen should provide a treasure trove of evidence.

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