NY Times on MTA delay on pro-freedom ads: “The more protracted a stay keeping in place a constitutionally defective standard, the more severe the continuing First Amendment injury.”

Good piece in The NY Times on our victory in court yesterday:

"Judge Criticizes M.T.A.’s Delay in Ad Case" Benjamin Weiser and Matt Flegenheimer, NY Times

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Most people who get frustrated at delays caused by the Metropolitan Transportation Authority have little recourse, other than to suffer quietly.

The transportation authority was told its refusal to
run this ad because of the language it used violated the First
Amendment.

But a federal judge in Manhattan on Wednesday was able to do much more.

The judge, Paul A. Engelmayer of Federal District Court, signaled his
unhappiness at the agency’s seeming lack of urgency in its response to a
July ruling, in which he found it had violated the First Amendment
rights of a pro-Israel group by barring it from advertising on city
buses; the agency had cited the ad’s demeaning language.

The agency had asked that the judge postpone implementation of his
decision pending an appeal and also until after its board met next — on
Sept. 27, when it would presumably address the no-demeaning-language
policy.

But in an order late Wednesday, Judge Engelmayer granted the
transportation agency just two more weeks to develop a new policy on
such ads or to seek a further stay from an appellate court.

“The more protracted a stay keeping in place a constitutionally
defective standard,” the judge wrote, “the more severe the continuing
First Amendment injury.”

The group, the American Freedom Defense Initiative, wanted to place an
ad for four weeks on about 318 city buses. The proposed ad said, “In any
war between the civilized man and the savage, support the civilized
man.” It also said, “Support Israel. Defeat Jihad.”

The authority found that the ad violated its ban on ads that demeaned
individuals or groups on the basis of race, color, religion and six
other listed categories. The group sued, and Judge Engelmayer ruled on July 20
that the rejected ad was “not only protected speech — it is core
political speech” that expressed a “pro-Israel perspective on the
Israeli/Palestinian conflict.”

Pamela Geller, executive director of the group that sought to place the
ad, said on Wednesday: “Free speech is an absolute — so why the stall?
Are they playing for time while they try to devise yet another way to
circumvent the First Amendment?”

The judge had initially stayed his order for 30 days to allow the
transportation authority time to consider appellate options or develop a
new policy. This month, the agency appealed the July ruling, and also
asked that the judge continue to stay his order pending its appeal and
until after the Sept. 27 board meeting.

James B. Henly, the authority’s general counsel, said in court that the
board met each month except in August, and that he could not even
promise that the board would develop a new policy when it met next
month.

The judge, citing the time from his July ruling until the late-September
board meeting, noted that he was being asked to keep in place for 69
days a regulation that he had already found violated the First
Amendment.

“I understand people are on vacation,” Judge Engelmayer said, “but we’ve got First Amendment issues at stake.”

Aaron Donovan, a spokesman for the transportation authority, said a
decision had not yet been made on whether to schedule a special meeting
before Sept. 27.

In court, the judge also asked why the agency had not put in place a
stopgap measure for its advertising guidelines, like one that would
“simply ban demeaning speech across the board.”

The judge also directed that the agency’s general counsel promptly
furnish copies of his order and his July ruling to the agency’s board,
“to ensure that the board is fully informed of the potential
consequences” of a decision to defer consideration of a new policy until
after the stay expires in two weeks.

The dispute plays out at a time when Ms. Geller’s group has also run ads at Metro-North Railroad stations, with posters that cite “deadly Islamic attacks” since Sept. 11 and read, “It’s not Islamophobia, it’s Islamorealism.”

Mr. Donovan said the Metro-North ad was allowed because it did not reach
the authority’s threshold for “demeaning” language.

“The language about ‘savage’ was at issue,” Mr. Donovan said, referring
to the rejected ad. “‘Islamophobia’ did not run afoul of that particular
guideline.”

UPDATE: AFLC: Federal
Judge Issues Final Ruling Striking Down Speech Restriction and Ordering
the New York MTA to Display Pro-Israel/Anti-Jihad Bus Advertisement

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gerard

11 years ago

OT
Hit The Road Barack
http://www.youtube.com/watch?v=kS3h5yPuYX4

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fern

11 years ago

A touch of sanity these days is like a breath of fresh air! Well done to the Judge Engelmayer for doing his job properly and a mahoosive pat on the back to the brave Pamela and Co. To the quisling MTA, you are an absolute disgrace.

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sheik yer'mami

11 years ago

“Demeaning” language.
“The language about ‘savage’ was at issue,” Mr. Donovan said, referring to the rejected ad. “‘Islamophobia’ did not run afoul of that particular guideline.”
They are savages, and that’s a fact.
“Islamophobia” is a fake; it can’t even be found in a dictionary. Its an absurdity and an insult to suggest that billions of non-muslims around the world are insane because they reject Islam.

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Asha108

11 years ago

Whew! Finally some sanity is restored.

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Dirty Rag

11 years ago

The New York Time is almost as trustworthy and informative as “MAD” Magazine.

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