Judge Rules Against AFDI In Boston, Cites Pro-Jihadist Precedent

by JASmius

It was the Massachusetts Bay Transport Authority (MBTA) that invited the debate on this issue by accepting anti-Israel ads. And then they turned and say our ad is objectionable. They accepted an ad on the same subject that was so genuinely demeaning and disparaging that it had to be taken down after numerous complaints, only to be restored later, and then they had the audacity to reject our ad. That is viewpoint restriction, and that is unconstitutional (even under the Ridley decsion).

The American Freedom Law Center (AFLC) filed a motion for a preliminary injunction and accompanying brief, requesting that the court order the MBTA to display the pro-Israel advertisement. David Yerushalmi and Robert Muise represented the American Freedom Defense Initiative (AFDI) in our lawsuit against the MBTA. Savage ad

We knew going in that overcoming the Ridley decision was an enormous hurdle. The Ridley case is the Dred Scott of free speech decisions. And during our hearing Judge Gorton specifically stated that, being a district judge, he did not have the authority to rule on or alter the decision in that case.

Judge Gordon ruled against us but it was a very well written opinion and well thought out. He did not want to hold against us even going so far as to say that he personally views jihad as violent war, but in his view, Ridley as his binding precedent, tied his hands.

Here is the most interesting (and perhaps telling that Judge Gorton agreed with us, but had to follow Ridley) part of the opinion: Nevertheless, the Court agrees with the plaintiffs that the most reasonable interpretation of their advertisement is that they oppose acts of Islamic terrorism directed at Israel. Thus, if the question before this Court were whether the MBTA adopted the best interpretation of an ambiguous advertisement, it would side with the plaintiffs. But restrictions on speech in a non-public forum need only be reasonable and need not be the most reasonable. See Ridley, 390 F.3d at 90.

One hopes the AFLC and AFDI appeal this ruling before the Obama Regime can completely swamp the appellate courts with anti-Semites and Israel-haters.  Perhaps the SCOTUS would accept a certiorari writ?