[ April 20, 2024 ]
Here’s the latest in our battle against the fascists in de Blasio’s New York.
This is the key fight in the war on freedom on this country. Freedom of speech is the cornerstone of our constitutional republic.
“Federal Court: MTA Violated Pamela Geller’s First Amendment Rights and Must Pay as a Result,” AFLC, July 20, 2015
Story continues below advertisementOn Thursday of last week (7/16), the federal court hearing the case against the New York City’s Metropolitan Transportation Authority (MTA) for illegally refusing to display an anti-jihad advertisement granted the plaintiffs, Pamela Geller, Robert Spencer, and their non-profit organization, American Freedom Defense Initiative (AFDI), partial summary judgment and ordered the MTA to pay nominal damages. The court’s finding of liability and award of damages also opens the door for Geller and her co-plaintiffs to recover their legal fees and costs from the City’s transit authority. The controversial anti-jihad ad, referred to in the case as the “Hamas Killing Jews” advertisement, is displayed below.
Judge John G. Koeltl, presiding in the United States District Court for the Southern District of New York in downtown Manhattan, had earlier ruled on April 20 that the MTA’s refusal to run the ad out of fear that Muslims in New York might understand the ad to be advocating violence and would therefore rise up to murder Jews as Islamic worship, was unconstitutional. In fact, Judge Koetl ruled that there was no evidence of any threat of violence. Based on these findings, Judge Koeltl ordered the MTA to display the ad immediately, even before the court’s final judgment.
The court did, however, stay (i.e., postponed) the enforcement of its order for 30 days to give the MTA time to appeal or to work out the logistics of running the ad. The MTA did neither. Instead, it convened a public board meeting at which MTA board member Charles Moerdler ranted incoherently about hate speech and Geller’s newly proposed ads designed to expose wealthy Jews who support the BDS (boycott, divestiture, and sanction) movement against Israel.
At the conclusion of the meeting, the board voted to change the MTA ad policy by excluding all speech that, according to MTA officials, addressed “disputed” causes and issues. On the heels of that decision, the MTA filed a motion to “dissolve” the court’s previous order requiring it to run the Hamas Killing Jews ad on the grounds that the MTA was no longer applying the “incitement” provision, but rather a “no political message” provision. Judge Koeltl accepted the MTA’s argument and rescinded his earlier order requiring the MTA to run the ad.
The American Freedom Law Center (AFLC), lawyers for Geller and her co-plaintiffs, immediately appealed to the U.S. Court of Appeals for the Second Circuit Judge Koeltl’s decision to dissolve the earlier order requiring the MTA to run the Hamas Killing Jews ad. Just last Friday, the Second Circuit granted AFLC’s motion to expedite the appeal.
Not waiting for the appeal on the injunction issue to wind its way through the appellate process, AFLC also immediately asked the district court to grant its clients judgment against the MTA for its initial decision to refuse to display the ad on the grounds of incitement—i.e., that it would spur violence, a claim the court flatly rejected. Initially, the MTA opposed AFLC’s request, claiming that it was premature. However, at the hearing on the matter, the MTA capitulated and agreed to a court finding that the MTA was liable for violating Geller’s, Spencer’s, and AFDI’s First Amendment right to free speech and further agreed to pay nominal damages.
An award for even nominal damages allows AFLC to seek reimbursement of its legal fees as the “prevailing party,” which will likely be in excess of $100,000.
David Yerushalmi, AFLC Co-Founder and Senior Counsel, explained,
“The MTA has long been a serial violator of the First Amendment—at least when it involves pro-Israel, anti-jihad speech. The MTA will pay for this conduct just as it has in the past. Moreover, we fully intend to win the appeal and force the MTA to actually run the Hamas Killing Jews ad. The MTA and its board should not be permitted to play musical chairs with its ad policy just because they don’t like Ms. Geller’s viewpoint.”
Robert Muise, AFLC Co-Founder and Senior Counsel, added,
“It is remarkable the lengths that government officials will go to try and silence Ms. Geller’s anti-jihad message. But I can assure you that we are more determined to defend the First Amendment against such politically-correct censorship.”
AFLC has now won two federal lawsuits against the MTA, one against the Washington, D.C. transit authority, and one against the Philadelphia transit authority on behalf of its clients, Pamela Geller, Robert Spencer, and AFDI. Cases are still pending in Detroit, Boston, and Seattle, with a new case recently filed in Washington D.C.
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51 Comments
8 years ago
Congratulations to the legal team. Keep going.
8 years ago
Good for you, Pamela…. ánd for the free world!
D
8 years ago
Thanks Pamela!!!
8 years ago
I confess to being gob-smacked by the idea that there is a federal judge in New York City who is capable of following the law instead of the politics. Congratulations Pamela!
8 years ago
This is great news! Finally, some justice.
8 years ago
Awesome Job!!! Ya are awesome!!!
8 years ago
The MTA board should be fined, fired and jailed for abusing their position by denying the Constitutional rights of Geller!
8 years ago
At the conclusion of the meeting, the board voted to change the MTA ad policy by excluding all speech that, according to MTA officials, addressed “disputed” causes and issues. On the heels of that decision, the MTA filed a motion to “dissolve” the court’s previous order requiring it to run the Hamas Killing Jews ad on the grounds that the MTA was no longer applying the “incitement” provision, but rather a “no political message” provision. Judge Koeltl accepted the MTA’s argument and rescinded his earlier order requiring the MTA to run the ad.
This is exactly the same as a county clerk refusing to issue “gay marriage licenses” after the SCOTUS ruling.
Which I actually support. Why should political ads be allowed on our public buses? Why any ads at all?
And in the same vein, government should not be in the marriage business, at all. They have no interest in it, therefore no business regulating it.
But the left doesn’t like logical consistency. They only like to warp and twist things so as to suit their own agenda.
8 years ago
Reply to
JSebastian
Well, you clearly are not Jewish. If you were , I would hope that you would see the point. Qu’ranic Jewish hating edicts have been kept a secret from the public for long enough. Why shouldn’t THIS be discussed ? Public buses are the perfect vehicle for this truth……and for holding the Jewish hating terrorists accountable for their beliefs!! And maybe, just maybe , when enough of the general public come to understand this truth, the general public might also understand that the Jewish people are just FIRST on that Qu’ranic wish list of those we want dead; but that list is long , Sir. You may be on that list. THAT is why these ads need to be seen. Just be grateful that Ms. Geller has enough courage to stand up to this. Congratulations Ms. Geller. We are proud of you.
8 years ago
Reply to
veritas
I think you’re confused. I support Ms Geller as well. But the government should not be using public property for the display of political content.
8 years ago
Congratulations Pamela!!!
8 years ago
Muslims in New York might understand the ad to be advocating violence and would therefore rise up to murder Jews as Islamic worship -………and then again they might recognize it as the truth that they don’t want to reach Infidel eyes and ears
8 years ago
Reply to
Veracious_one
They know it’s the truth. Every single Muslim acquaintance and friend that I have all hate the Jews. They’ll only talk about it openly in inner circles, of which I was part of since I was living with a Muslim for more than 15 years.
8 years ago
Reply to
CoolTolerance
I used to know a musswein. For some reason he got it into his head I was a white supremacist (maybe cuz I had really short hair and rode a Sportster). Anyway, one day I was alone w/him at work and he began spewing the most incredible antisemitic and racist BS I’d ever heard. His spew was against non-whites, Jews and miscegenation. He sounded exactly like a Nazi or KKK member, even though he was an Arab.
8 years ago
Reply to
Veracious_one
I guess it depends on how devouted they are to their ideology of hate! It might make them think for a change….Could be a good thing.
8 years ago
Many congratulations from England Pam Robert and the team, your strength is their misery, I wish we had the rights you have, keep going, the truth needs air.
8 years ago
Sounds like the AFLC is going to get paid and that ad might even get put up. Good for them, great lawyers!
8 years ago
Congratulations Pam Geller! Thank you for the work that you do!
8 years ago
WOWZER!! That’s terrific news! I hope Pamela wins in the other cities as well! You go, gal!
8 years ago
At least one victory for the good guys for a change lately.
8 years ago
Although
I am VERY happy with your success, Pamela, what’s worrying me is a question of
source from which MTA
draws its income. Is it not from taxes paid by citizens of the area? So, in my
opinion, there should a clause included PREVENTING them by law to punish
taxpayers while paying that fee.
8 years ago
Reply to
Voytek Gagalka
Yes it should come out of the pockets of the MTA board members not the public coffers.
8 years ago
Well done! Don’t know where you get the energy to keep up this fight.
8 years ago
Thank you for sticking it to these izlamic collaborators. Is it ultimately the taxpaying citizens of NYC who are going to be flipping the bill for all this? If so, I’d hope they would be seeking the termination of all the MTA board officials/collaborators involved in this attempt to deny US citizens their Constitutional rights.
8 years ago
Uplifting news!
8 years ago
Seems kind of stupid for the MTA to lose all that advertising revenue. I doubt it lasts long, especially when they have to raise rates to cover the losses.
8 years ago
Notice how the media is covering this…
8 years ago
Unfortunately after all that, there are still no signs being displayed and the lawyers are making all the money.
8 years ago
Wonderful legal team. To be admired by all. If only we had such committed lawyers in our own countries. Kudos to Pamela for her determination. Bravo!
8 years ago
Way to go, Pamela!
8 years ago
Now you will be even more hated Pamela. Great job! Keep flapping your trashy mouth and sueing away.
8 years ago
Reply to
Pamlooks likeadog
Getting harder and harder for you goat-raping moslems to withhold your anger and hatred these days, ehh? Your words are worthless self-gratification.
8 years ago
Reply to
Pamlooks likeadog
You missed Garland, TX by a couple of months muslim-nazi. There could’ve been a bullet there w/your name on it…
8 years ago
Reply to
Pamlooks likeadog
How many of us are you going to put on your list of hate and bigotry?? Your god Allah and his pedophile prophet must be spinning endlessly in their grave!! Hope not too long in the future you will soon join them…. LOOSER!!!
8 years ago
It’s great that they have to pay the legal fees but I want the anti-jihad ads in buses NOW!!!
ASAP!!!!
YESTERDAY!!!!
8 years ago
Way to go Pamela and Team !!! Congratulations!!!
8 years ago
way to go pam gellar & co. my hero’s ..
8 years ago
Congratulations, Pamela!
8 years ago
Bless you, Pamela—and Robert, as well as your legal team! If it weren’t for your bravery in the face of such a blatant denial of First Amendment rights, these fascist-totalitarian-Islamist-loving b@stards would be running over not only your First Amendment rights, but ours and everyone else’s with whom they disagree. We love you, Pamela!!!
8 years ago
If only that $100,000 came out of their own pockets, since their lawyers are tax-paid.
D
8 years ago
YES…
8 years ago
Good job Pam, kick the lefty PC crowd where it hurts.
8 years ago
grats!
8 years ago
I don’t understand MTA’s incremental policy, they have entire cars devoted to planned parenthood. Remember Eric Rudolph? How hard was it to prove the MTA talks out both sides of its’ face. Congratulations Pamela. Keep up the good fight.
8 years ago
Keep up the great work!
8 years ago
This is complete abuse of the constitution. The legal system has no place to tell a private entity whom it must conduct business with. The first amendment is intended to protect the people’s right to free speech from being trampleled on by government. Not to force FedEx or Wallgreens or the MTA (private for-profit corporation) to accept money and render advertising services to nutjobs.
8 years ago
Reply to
Mike Z
Islam is being coddled by our government! Given a free pass as a religion. Patriotic Americans are being forced to compromise their christian beliefs for the cause of Allah! Allah can kiss my royal f*+king ass!!!
8 years ago
Great News!
8 years ago
Its a HATE CRIME advocating the killing of others not of your thinking. The garbage SHOULD NOT be posted in any trains or buses or whatever the MTA controls.
