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CASE ENTRY

Am. Freedom Def. Initiative v. Wash. Metro. Area Transit Auth.

Advocacy group submits proposed subway advertisement proclaiming a First Amendment right to draw the Prophet Muhammed; the ad itself depicts the Prophet Muhammed. In response, D.C. transit authority adopts a policy banning “issue-oriented” advertisements. D.C. Circuit: The transit authority’s policy seeks to avoid controversy, but it has swapped controversies for lawsuits. We remand to consider whether the policy provides the kind of objective, workable standard required by the Supreme Court’s recent Mansky decision.


Tags: 2018, D.C. Circuit, First Amendment, Freedom of Speech

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