Free Speech Lawsuit: American Freedom Defense Initiative v. King County “Brief on the Merits”

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“We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”

AFDI is suing Seattle King County for refusing to run our ad —  an FBI wanted poster featuring the world’s most dangerous terrorists. In accordance with sharia law, Seattle denied the ad saying it was offensive to Muslims.

Here is the back story. It all started in July 2012, when the FBI ran a terrorism awareness campaign featuring bus ads depicting photos of 16 wanted terrorists, all of whom were Muslim. This was a publicity campaign sponsored by the Joint Terrorism Task Force for the State Department’s Rewards for Justice program, or RFJ. But then the leftists and Islamic supremacists complained that the ads were “Islamophobic,” and they came down – and unbelievably, Seattle is refused to allow my group, the AFDI, to put them back up.

Story continues below advertisement

 

We have asked that the ads (below) be put up forthwith, as the county’s refusal to run them is an unconstitutional restriction on our freedom of speech.

 

Moreover, the RFJ program has been successful: Through it, the State Department’s Bureau of Diplomatic Security has paid more than $125 million to more than 80 people who offered genuine information that led to jihadis being jailed and prevented acts of jihadist terror. This program was instrumental in leading to the arrest of jihadist Ramzi Yousef, who is now in prison for his role in the 1993 World Trade Center jihad bombing. In short, this program has saved lives.

We sued Seattle King County.

Our opening brief and excerpts of record were just filed in the Ninth Circuit.

Citing Supreme Court ruling in the Matal v. Tam, it compels the court to conclude that King County’s (“County”) “demeaning or disparaging” and “harmful or disruptive” restrictions on AFDI’s political speech are unconstitutional. In fact, these speech restrictions are facially invalid.

There is no basis to conclude otherwise. Unlike a trademark, which has a commercial component, the speech at issue here is pure political speech addressing a public issue—global terrorism. Consequently, “the viewpoint discrimination rationale renders unnecessary any extended treatment of other questions raised by the parties.”

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

The following transaction was entered on 03/14/2018 at 6:21:35 AM PDT and filed on 03/14/2018
Case Name: American Freedom Defense Initi, et al v. King County
Case Number: 17-35897
Document(s): https://ecf.ca9.uscourts.gov/docs1/009029847945?uid=bef9594b03848534

Docket Text:
Submitted (ECF) Opening Brief for review. Submitted by Appellants American Freedom Defense Initiative, Pamela Geller and Robert Spencer. Date of service: 03/14/2018. [10797431] [17-35897] (Muise, Robert)

Notice will be electronically mailed to:

Mr. Robert Joseph Muise, Attorney
Mr. David J. Hackett
David Yerushalmi, Attorney

The following document(s) are associated with this transaction:
Document Description: Main Document
Original Filename: 17-35897 Opening Brief.pdf
Electronic Document Stamp:

Opening Brief Filed: Opening Brief for review. Submitted by Appellants American Freedom Defense Initiative… by Pamela Geller on Scribd

ER Volume I- Opening Brief for review. Submitted by Appellants American Freedom Defense Initiative by Pamela Geller on Scribd

ER Volume II Filed: American Freedom Defense Initi, et al v. King County by Pamela Geller on Scribd

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Jimbo
Jimbo
5 years ago

Yes, well, the Courts have assumed great (even unlawful) discretion when dealing with a politically protected class of people, as president Trump has found out with his attempted Muslim immigration restrictions. The Left, and their globalist corporate allies, cherish the culturally enriching Islamic peoples from the Middle East. The fact that they are non-white, have IQs in the 80-90 range, and practice a primitive religion is a great bonus for them.

Good luck with the law suit.

Mahou Shoujo
Mahou Shoujo
5 years ago

It is about time the Constitution was upheld everywhere, starting in the courts.

Suresh
Suresh
5 years ago
Reply to  Mahou Shoujo

Agree. while the dumb Left/liberal infidels sleep walk their way living in lala land the jihadis are preparing for even better Ramadan than last year https://tinyurl.com/yc28gxzv

Where even clueless Trump wished them happy successful Ramadan !

MAS
MAS
5 years ago

All religions must be protected, even from being insulted. All religions, that is, except Christianity…

Phil McDonald
Phil McDonald
5 years ago

Seattle mayor at the time was an Islamic sympathizing pedophile.

Ken Kruger
Ken Kruger
5 years ago
Reply to  Phil McDonald

Ed Murray…In fact, it took 5 different accusations by alleged victims before the city council would pull their endorsement of their beloved pedo-mayor. (I guess that not 1, 2 4…but 5 must be the threshold for liberals). BTW, most of his known victims were underage black kids, but the Seattle city council did everything in their power to denigrate the accusers…soooo liberal of them…

AlgorithmicAnalystD
AlgorithmicAnalyst
5 years ago

Putting bounties on terrorists is historically one of the most effective ways of dealing with the problem. Put private sector initiative into action.

wall poster
wall poster
5 years ago

if there is a website that points out locations of convicted pedophiles…..how about we have a website for released jihadis? …in your town.
….it has come to the point where we may have to start photographing the comings and goings of [fill in the blank]..to identify associations between conspirators against our countries

wall poster
wall poster
5 years ago

I don’t see a problem as far as them getting offended……….because I don’t get offended when I see America criminals on a billboard………it embarrasses them that their crazy religion is getting exposed

IzlamDownpressesHumanity
IzlamDownpressesHumanity
5 years ago

I only wish Ms. Geller’s lawsuits against the various corrupt local governments of various cities in the USA who are desperate to enforce islamic blasphemy and heresy laws had substantial punitive penalties in the form of cash settlements.

wjr
wjr
5 years ago

9th Circuit? Good luck with that, I really wish you good luck.

Robin Rosenblatt
Robin Rosenblatt
5 years ago

Thank you for your Courage

Dagonet
Dagonet
5 years ago

Yes, Miss Geller, you’re quite a woman.

steve
steve
5 years ago

Bring down that pimp hand of justice on them liberal biyatches

CHARLES S
CHARLES S
5 years ago

I pray that you will be victorious, Ms Geller.

Dagonet
Dagonet
5 years ago

Sorry, not going to read all the docs you provided.

QUESTION –
If the ads in question read “terrorists”, and do not say “muslim”, or “islam”, then how the F- can anyone be “offended” other than actual terrorists? Based on this, how the F- can they defend themselves in court?

People say S- about my “race” all the time-and I don’t give a flying F-!

F- pisslam.

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