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Another city bans free speech. Chilling. Read this.
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Seattle Imposes Ad Ban to Annul Pamela Geller’s Free Speech Lawsuit Victory
Officials who oversee Seattle’s transit system moved to ban political, religious, and other ads from its facilities and public transportation vehicles soon after Pamela Geller’s American Freedom Defense Initiative (AFDI) prevailed in a freedom of speech lawsuit against the city, earning the right to run FBI’s Most Wanted terrorist posters, Breitbart News has learned.
By: Edwin Mora, Breitbart, April 16, 2019:
“People should realize that this is a struggle for the very foundation of any free society: the freedom of speech. If there is a group you can’t criticize, then that group can impose tyranny over you. If we lose this free speech battle, all our other freedoms are lost” Geller recently told Breitbart News via email.
She argued the advertisement ban sidestepped the September 2018 U.S. Court of Appeals for the Ninth Circuit ruling in AFDI’s favor, which allowed the group to advertise the Most Wanted terrorist list in Seattle.
However, the new restrictions, dubbed the “Geller ban” and instituted in December 2018 by the King County Department of Transportation’s Transit Division that oversees Seattle’s public transportation system, have ended up preventing AFDI from running the terrorist wanted ads, Geller pointed out, noting that her free speech lawsuit victory was bittersweet.
Before the appeal court’s ruling, judges had denied AFDI the right to place public service ads featuring images of the FBI’s Most Wanted Terrorists on Seattle’s public transportation system, due to a perceived disparagement of Islam.
The city’s rejection prompted AFDI to sue the King County Metro system for its suppression of free speech.
“We won the right to run the FBI wanted terrorist poster that Seattle prevailed upon the FBI to withdraw [ in 2013]. And as soon as we triumphed, Seattle transit imposed the infamous Geller ban, banning political, religious and cause-related ads in Seattle (following NY, Washington DC, Boston, Miami, Chicago, San Francisco, etc),” Geller told Breitbart News in the email.
In a document outlining the transit agency’s advertising restrictions, King County officials noted that the policy bans advertising on transit facilities and vehicles that fall within the categories of political, religious, government (except for the county’s), and other forms of “speech.”
“They banned all political ads, as that was the only course of action they could possibly take in order to continue to avoid running my ads,” Geller said. “They’re so determined to continue whitewashing Islam and denying and obfuscating the roots of jihad terror that they are willing to lose immense amounts of revenue from all political advertising.”
Transit agency officials argued that their “viewpoint neutral” ban seeks to prohibit “advertisements that interfere with and divert resources from transit operations, that detract from transit purposes by creating substantial controversy, and/or that pose significant risks of harm, inconvenience, or annoyance to transit passengers, operators, and vehicles.”
“Such advertisements create an environment that is not conducive to achieving increased revenue for the benefit of the transit system or to preserving and enhancing the security, safety, comfort, and convenience of its operations,” the officials added.
Responding to the agency’s argument Geller noted, “I see ads that annoy me all the time. If that is the criterion [for the ban], whose annoyance counts, and whose doesn’t, and why?”
She told Breitbart News that King County’s decision to ban FBI wanted posters featuring some jihadis amounts to the “enforcement of Sharia blasphemy law in another American city.”
King County officials described the transit agency’s advertising ban as“restrictions” that “foster the maintenance of a professional advertising environment that maximizes advertising, revenue, and protects the interests of the captive audience that uses Metro’s transit services.”
In other words, the county’s transportation department believes that banning certain ads will allow the county to generate more revenue.
“The ban will, obviously, drastically curtail their ad revenues. To argue otherwise is plain deception” Geller noted.
Nevertheless, the county asserted that the advertising policy intends to fulfill the following goals:
Maximizing advertising revenue; maintaining a position of neutrality and preventing the appearance of favoritism or endorsement by the county; preventing the risk of imposing objectionable, inappropriate or harmful view on a captive audience; preserving the value of the advertising space; maximizing ridership and maintaining a safe environment for transit customers and other members of the public; avoiding claims of discrimination and maintaining a non-discriminatory environment for riders; preventing any harm or abuse that may result from running objectionable, inappropriate, or harmful advertisements; [and] reducing the diversion of resources from transit operations that is caused by objectionable, inappropriate or harmful advertisements.
Geller vowed to keep fighting for free speech all the way to the Supreme Court if necessary to ensure Seattle upholds the appeal court’s ruling.
Background: In 2008, I was in Florida covering Rifqa Bary’s court hearings to return her to her devout family who promised to kill to her because the teen had left Islam and converted to Christianity.
I was waiting on my ride to the courthouse when I saw this ad on a bus:
Thus began the very first of my many bus ad campaigns. I responded with this ad and the greatest putsch against free speech commenced:
Check out my latest at The Thinker:
After Ten Years, Court Strikes Down Ruling Banning Ads Offering Help to Those Leaving Islam
It took nearly twelve years, but we did it. My organization, the American Freedom Defense Initiative (AFDI), has just won an important victory for the freedom of speech.
Back in 2009, the Detroit area’s SMART transit refused to run our AFDI ads offering help to people who were in fear for their lives for wanting to leave Islam or having left it. After an incredibly protracted court battle, the Sixth Circuit Court of Appeals just stood up for the First Amendment and completely reversed the judgment banning our ads. It’s a total victory for freedom: we won our free speech lawsuit in Detroit by a unanimous decision.
Our ad read: “Leaving Islam? Fatwa on your head? Is your family or community threatening you? Got Questions? Get Answers! RefugefromIslam.com.” That’s all it said. It offered a life-saver for those who were completely and utterly alone with no system of support or help.
Islamic law mandates death for those who leave Islam; even in the United States, those who leave the religion live in fear that a devout Muslim might decide to apply this penalty. So we were offering help. That is all. But as Eugene Volokh explains at The Volokh Conspiracy, “Michigan’s Suburban Mobility Authority for Regional Transportation (SMART) rejected this ad under two of its speech restrictions. The first prohibits ‘political’ ads; the second prohibits ads that would hold up a group of people to ‘scorn or ridicule.'”
Our ad was not political and didn’t scorn or ridicule anyone. It’s ridiculous to say saving lives is a political act, and so of course we won the initial case. The first judge who ruled on this case, Judge Denise Page Hood, understood the law and so ruled in favor of our free speech rights. She understood the First Amendment. Therefore, although she was clearly not sympathetic to us, she had to rule for us.
But then SMART appealed. SMART adamantly refused to run outreach ads that might have helped Muslims living in dangerous households and appealed to the notoriously leftist Sixth Circuit. You might have thought the Muslim Brotherhood was running SMART. It was astounding. And consider the fact that Detroit was bankrupt around this same time. Sharia adherence was still more important to the broken city’s failed leaders than were the freedom of speech and fiscal responsibility.
And so SMART continued to refuse our ads and appealed in the notoriously leftist Sixth Circuit. The court called our religious ads political and created a new narrative out of whole cloth. Our ads were never actually rejected on political grounds. Individually and in her official capacity, Beth Gibbons, marketing program manager of SMART, said our ads were rejected because they were controversial — not because they were political. It was always understood that these were religious ads. Gibbons testified that she saw “nothing about [the advertisement] itself that was political[.] … I knew that [the fatwa advertisement] was of concern in that there is controversy on both sides of the issue on whether they should be posted.” That was the position of SMART. In fact, that was the agency’s official testimony.
We in turn appealed. In 2013, I was deposed and harassed for six hours by a small, profane blowhard attorney — all billable hours to fight an ad created to help Muslim girls escape honor violence. And the deposition was so hostile that you would think I had committed a heinous crime. Apparently, blasphemy in America is.
The case dragged on and on. But now, in American Freedom Defensive Initiative v. Suburban Mobility Auth. for Regional Transp. (6th Cir.), the court makes the correct ruling, noting that “the Free Speech Clause limits the government’s power to regulate speech on public property. The government has little leeway to restrict speech in ‘public forums.'” Accordingly, “SMART’s ban on ‘political’ ads is unreasonable for the same reason that a state’s ban on ‘political’ apparel at polling places is unreasonable: SMART offers no ‘sensible basis for distinguishing what may come in from what must stay out.’ Likewise, SMART’s ban on ads that engage in ‘scorn or ridicule’ is not viewpoint neutral for the same reason that a ban on trademarks that disparage people is not viewpoint neutral: For any group, ‘an applicant may [display] a positive or benign [ad] but not a derogatory one.'” Consequently, the court declared: “We thus reverse the district court’s decision rejecting the First Amendment challenge to these two restrictions.”
This is all common-sensical and clear even to those with no legal training or experience, but it has taken an incredibly long time to get here. The American Freedom Law Center, whose ace lawyers David Yerushalmi and Robert Muise fought long and hard to win this case, noted: “AFDI’s religious freedom advertisement was rejected even though SMART had no problem accepting and running an anti-religion ad sponsored by an atheist organization. That approved ad stated, ‘Don’t Believe in God? You are not alone.'” However, now “the Sixth Circuit ruled unanimously in favor of AFLC, finding that SMART’s rejection of the ad was unreasonable and [a] viewpoint based in violation of the First Amendment. This is a final ruling.”
Bottom line: Everyone has the same right to a free life. The Sixth Circuit agreed.
If you weren’t reading this, you would likely never know that it had happened at all. No media covered it. If we had lost, then you would have heard about it, because the media would have been popping open bottles of champagne and running huge pieces on how sharia restrictions on speech are altogether reasonable — as heads roll (literally).
Jessica Mokdad, an honor killing victim living in that area at the time, might have been saved. We know that the ads have helped Muslims — they told us. The ads save lives. Contribute here.
Pamela Geller is the president of the American Freedom Defense Initiative (AFDI), publisher of The Geller Report, and author of the bestselling book FATWA: Hunted in America as well as The Post-American Presidency: The Obama Administration’s War on America and Stop the Islamization of America: A Practical Guide to the Resistance. Follow her on Twitter and Facebook.
Another city bans free speech. Chilling. Read this.
Related:
Seattle Imposes Ad Ban to Annul Pamela Geller’s Free Speech Lawsuit Victory
Officials who oversee Seattle’s transit system moved to ban political, religious, and other ads from its facilities and public transportation vehicles soon after Pamela Geller’s American Freedom Defense Initiative (AFDI) prevailed in a freedom of speech lawsuit against the city, earning the right to run FBI’s Most Wanted terrorist posters, Breitbart News has learned.
By: Edwin Mora, Breitbart, April 16, 2019:
“People should realize that this is a struggle for the very foundation of any free society: the freedom of speech. If there is a group you can’t criticize, then that group can impose tyranny over you. If we lose this free speech battle, all our other freedoms are lost” Geller recently told Breitbart News via email.
She argued the advertisement ban sidestepped the September 2018 U.S. Court of Appeals for the Ninth Circuit ruling in AFDI’s favor, which allowed the group to advertise the Most Wanted terrorist list in Seattle.
However, the new restrictions, dubbed the “Geller ban” and instituted in December 2018 by the King County Department of Transportation’s Transit Division that oversees Seattle’s public transportation system, have ended up preventing AFDI from running the terrorist wanted ads, Geller pointed out, noting that her free speech lawsuit victory was bittersweet.
Before the appeal court’s ruling, judges had denied AFDI the right to place public service ads featuring images of the FBI’s Most Wanted Terrorists on Seattle’s public transportation system, due to a perceived disparagement of Islam.
The city’s rejection prompted AFDI to sue the King County Metro system for its suppression of free speech.
“We won the right to run the FBI wanted terrorist poster that Seattle prevailed upon the FBI to withdraw [ in 2013]. And as soon as we triumphed, Seattle transit imposed the infamous Geller ban, banning political, religious and cause-related ads in Seattle (following NY, Washington DC, Boston, Miami, Chicago, San Francisco, etc),” Geller told Breitbart News in the email.
In a document outlining the transit agency’s advertising restrictions, King County officials noted that the policy bans advertising on transit facilities and vehicles that fall within the categories of political, religious, government (except for the county’s), and other forms of “speech.”
“They banned all political ads, as that was the only course of action they could possibly take in order to continue to avoid running my ads,” Geller said. “They’re so determined to continue whitewashing Islam and denying and obfuscating the roots of jihad terror that they are willing to lose immense amounts of revenue from all political advertising.”
Transit agency officials argued that their “viewpoint neutral” ban seeks to prohibit “advertisements that interfere with and divert resources from transit operations, that detract from transit purposes by creating substantial controversy, and/or that pose significant risks of harm, inconvenience, or annoyance to transit passengers, operators, and vehicles.”
“Such advertisements create an environment that is not conducive to achieving increased revenue for the benefit of the transit system or to preserving and enhancing the security, safety, comfort, and convenience of its operations,” the officials added.
Responding to the agency’s argument Geller noted, “I see ads that annoy me all the time. If that is the criterion [for the ban], whose annoyance counts, and whose doesn’t, and why?”
She told Breitbart News that King County’s decision to ban FBI wanted posters featuring some jihadis amounts to the “enforcement of Sharia blasphemy law in another American city.”
King County officials described the transit agency’s advertising ban as“restrictions” that “foster the maintenance of a professional advertising environment that maximizes advertising, revenue, and protects the interests of the captive audience that uses Metro’s transit services.”
In other words, the county’s transportation department believes that banning certain ads will allow the county to generate more revenue.
“The ban will, obviously, drastically curtail their ad revenues. To argue otherwise is plain deception” Geller noted.
Nevertheless, the county asserted that the advertising policy intends to fulfill the following goals:
Maximizing advertising revenue; maintaining a position of neutrality and preventing the appearance of favoritism or endorsement by the county; preventing the risk of imposing objectionable, inappropriate or harmful view on a captive audience; preserving the value of the advertising space; maximizing ridership and maintaining a safe environment for transit customers and other members of the public; avoiding claims of discrimination and maintaining a non-discriminatory environment for riders; preventing any harm or abuse that may result from running objectionable, inappropriate, or harmful advertisements; [and] reducing the diversion of resources from transit operations that is caused by objectionable, inappropriate or harmful advertisements.
Geller vowed to keep fighting for free speech all the way to the Supreme Court if necessary to ensure Seattle upholds the appeal court’s ruling.
Background: In 2008, I was in Florida covering Rifqa Bary’s court hearings to return her to her devout family who promised to kill to her because the teen had left Islam and converted to Christianity.
I was waiting on my ride to the courthouse when I saw this ad on a bus:
Thus began the very first of my many bus ad campaigns. I responded with this ad and the greatest putsch against free speech commenced:
Check out my latest at The Thinker:
After Ten Years, Court Strikes Down Ruling Banning Ads Offering Help to Those Leaving Islam
It took nearly twelve years, but we did it. My organization, the American Freedom Defense Initiative (AFDI), has just won an important victory for the freedom of speech.
Back in 2009, the Detroit area’s SMART transit refused to run our AFDI ads offering help to people who were in fear for their lives for wanting to leave Islam or having left it. After an incredibly protracted court battle, the Sixth Circuit Court of Appeals just stood up for the First Amendment and completely reversed the judgment banning our ads. It’s a total victory for freedom: we won our free speech lawsuit in Detroit by a unanimous decision.
Our ad read: “Leaving Islam? Fatwa on your head? Is your family or community threatening you? Got Questions? Get Answers! RefugefromIslam.com.” That’s all it said. It offered a life-saver for those who were completely and utterly alone with no system of support or help.
Islamic law mandates death for those who leave Islam; even in the United States, those who leave the religion live in fear that a devout Muslim might decide to apply this penalty. So we were offering help. That is all. But as Eugene Volokh explains at The Volokh Conspiracy, “Michigan’s Suburban Mobility Authority for Regional Transportation (SMART) rejected this ad under two of its speech restrictions. The first prohibits ‘political’ ads; the second prohibits ads that would hold up a group of people to ‘scorn or ridicule.'”
Our ad was not political and didn’t scorn or ridicule anyone. It’s ridiculous to say saving lives is a political act, and so of course we won the initial case. The first judge who ruled on this case, Judge Denise Page Hood, understood the law and so ruled in favor of our free speech rights. She understood the First Amendment. Therefore, although she was clearly not sympathetic to us, she had to rule for us.
But then SMART appealed. SMART adamantly refused to run outreach ads that might have helped Muslims living in dangerous households and appealed to the notoriously leftist Sixth Circuit. You might have thought the Muslim Brotherhood was running SMART. It was astounding. And consider the fact that Detroit was bankrupt around this same time. Sharia adherence was still more important to the broken city’s failed leaders than were the freedom of speech and fiscal responsibility.
And so SMART continued to refuse our ads and appealed in the notoriously leftist Sixth Circuit. The court called our religious ads political and created a new narrative out of whole cloth. Our ads were never actually rejected on political grounds. Individually and in her official capacity, Beth Gibbons, marketing program manager of SMART, said our ads were rejected because they were controversial — not because they were political. It was always understood that these were religious ads. Gibbons testified that she saw “nothing about [the advertisement] itself that was political[.] … I knew that [the fatwa advertisement] was of concern in that there is controversy on both sides of the issue on whether they should be posted.” That was the position of SMART. In fact, that was the agency’s official testimony.
We in turn appealed. In 2013, I was deposed and harassed for six hours by a small, profane blowhard attorney — all billable hours to fight an ad created to help Muslim girls escape honor violence. And the deposition was so hostile that you would think I had committed a heinous crime. Apparently, blasphemy in America is.
The case dragged on and on. But now, in American Freedom Defensive Initiative v. Suburban Mobility Auth. for Regional Transp. (6th Cir.), the court makes the correct ruling, noting that “the Free Speech Clause limits the government’s power to regulate speech on public property. The government has little leeway to restrict speech in ‘public forums.'” Accordingly, “SMART’s ban on ‘political’ ads is unreasonable for the same reason that a state’s ban on ‘political’ apparel at polling places is unreasonable: SMART offers no ‘sensible basis for distinguishing what may come in from what must stay out.’ Likewise, SMART’s ban on ads that engage in ‘scorn or ridicule’ is not viewpoint neutral for the same reason that a ban on trademarks that disparage people is not viewpoint neutral: For any group, ‘an applicant may [display] a positive or benign [ad] but not a derogatory one.'” Consequently, the court declared: “We thus reverse the district court’s decision rejecting the First Amendment challenge to these two restrictions.”
This is all common-sensical and clear even to those with no legal training or experience, but it has taken an incredibly long time to get here. The American Freedom Law Center, whose ace lawyers David Yerushalmi and Robert Muise fought long and hard to win this case, noted: “AFDI’s religious freedom advertisement was rejected even though SMART had no problem accepting and running an anti-religion ad sponsored by an atheist organization. That approved ad stated, ‘Don’t Believe in God? You are not alone.'” However, now “the Sixth Circuit ruled unanimously in favor of AFLC, finding that SMART’s rejection of the ad was unreasonable and [a] viewpoint based in violation of the First Amendment. This is a final ruling.”
Bottom line: Everyone has the same right to a free life. The Sixth Circuit agreed.
If you weren’t reading this, you would likely never know that it had happened at all. No media covered it. If we had lost, then you would have heard about it, because the media would have been popping open bottles of champagne and running huge pieces on how sharia restrictions on speech are altogether reasonable — as heads roll (literally).
Jessica Mokdad, an honor killing victim living in that area at the time, might have been saved. We know that the ads have helped Muslims — they told us. The ads save lives. Contribute here.
Pamela Geller is the president of the American Freedom Defense Initiative (AFDI), publisher of The Geller Report, and author of the bestselling book FATWA: Hunted in America as well as The Post-American Presidency: The Obama Administration’s War on America and Stop the Islamization of America: A Practical Guide to the Resistance. Follow her on Twitter and Facebook.
RealClearFoundation president David DesRosiers has announced the inaugural winners of of its Samizdat Prize. Tonight’s the night. The Samizdat Prize is intended to honor the most important users of the First Amendment in the United States. The prize aspires to confer the honor that various of the Pulitzer Prizes bestow and should replace them in the mind of right-thinking men and women. In the words of DesRosiers, the award that is given by Real Clear to journalists, scholars, and public figures who have fought censorship and stood for truth, whatever the cost.
The first three recipients of the Samizdat Prize could not be more worthy: Miranda Devine (for her work on the Biden family business), Jay Bhattacharya (the anti-Fauci), and Matt Taibbi (for his work on the Twitter Files). I have written about all three many times on Power Line. DesRosiers talked about the prize with Buck Sexton here in a discussion posted at RCP.
Dr. Bhattacharya received the prize this past September. His remarks are posted here at RCP. Matt Taibbi has just posted “America enters the samizadat era” at his Racket News site. He looks back on his career in acknowledging the honor he receives tonight. Thanks to John Hinderaker, I met Matt last year. Politics aside, we have cheered him on and sought to follow his path in our own way.
Miranda Devine wrote in her New York Post Devine Online newsletter this morning:
I am thrilled to be in Palm Beach tonight to receive the inaugural Samizdat award from RealClearPolitics, alongside pandemic refusenik Dr Jay Battacharya and Twitter Files journalist Matt Taibbi.
It’s an honor to be part of this grassroots movement to reclaim honest journalism in an era of lies.
“Samizdat” was the name of the underground press resisting the tyranny of the former Soviet Union.
It means ‘We publish ourselves” and was the inspiration for David DesRosiers, publisher and president of RealClear Foundation, to set up a rival journalism award to the Pulitzers.
Bravo to RealClear for bucking the establishment.
I couldn’t agree more. I would only add our congratulations to the inaugural recipients of the Samizdat Prize.
A group of about a dozen activists physically shoved this reporter out of the "Palestine Solidarity Encampment" on the campus of the University of California Los Angeles, a public university, on Friday.
The post WATCH: Activists Assault Breitbart News Journalist at UCLA ‘Palestine Solidarity Encampment’ appeared first on Breitbart.
The gag order against former President Donald Trump is the "biggest assault" on the First Amendment in at least 50 years, Trump lawyer Jesse Binnall said.
The post Exclusive — Trump Lawyer Jesse Binnall: Gag Order ‘Biggest Assault on First Amendment’ in at Least 50 Years appeared first on Breitbart.
Former Republican congressional candidate Bryan E. Leib has officially entered the 2024 GOP primary in the Sunshine State’s 25th District, advocating for fresh leadership in Congress to uphold “common sense,” Judeo-Christian values, and Trump's “America First” agenda; he is challenging long-serving Democrat Congresswoman Debbie Wasserman Schultz.
The post Exclusive: ‘America First’ Trump Supporter Seeks to Unseat Florida Democrat Debbie Wasserman Schultz appeared first on Breitbart.
The Internal Revenue Service (IRS) has said it will increase its audit rates of wealthy taxpayers and large corporations by 50 percent.
The post IRS to Increase Audit Rates of Wealthy Taxpayers by 50 Percent appeared first on Breitbart.
The British Empire and other European colonial powers did not enrich themselves through slavery and colonialism, a report asserted.
The post Narrative Busted: Colonialism and Slavery Did Not Make British Empire Wealthy, Report Finds appeared first on Breitbart.
The top U.S. House committee charged with tax law and oversight has launched a formal investigation into the U.S. Chamber of Commerce and its affiliated foundation, Breitbart News has learned exclusively.
The post Exclusive – House Panel Launches Official Investigation into U.S. Chamber of Commerce Tax Status over Soros-Linked Donations to Foundation appeared first on Breitbart.
Minneapolis, Minnesota first responders, motorcyclists, and other community members are mourning the loss of a beloved local firefighter and biker who was killed in a shootout over the weekend.
The post First Responders and Motorcyclists Mourn Minneapolis Firefighter Shot Dead While Off Duty appeared first on Breitbart.
The sole elementary school in a rural Florida county has disbanded its Christian club because an atheist group complained.
The post Atheist Group Forces Florida Elementary School to Disband Fellowship of Christian Athletes Club appeared first on Breitbart.
Jon Tester (D) and Matt Rosendale (R) are pushing a healthcare bill that could undermine one of Donald Trump's signature Veterans Affairs reforms.
The post Anti-Trump Lawmakers Push Bill to Scrap Trump-Era Win for Veterans’ Health Care appeared first on Breitbart.
Dr. Rick Becker, the front-runner to win North Dakota’s at-large congressional seat, is in the middle of a proxy war between the Republican establishment and America First conservatives.
The post Mitt Romney vs. Rand Paul Proxy War Ignites in North Dakota’s Congressional Race appeared first on Breitbart.
A California school district has agreed to pay a Christian ex-teacher $360,000 in a settlement after she was fired following her refusal to hide students' "gender identities" from parents and use students' "preferred pronouns."
The post California School District Settles with Christian Ex-Teacher Fired After Rejecting Transgender Policies appeared first on Breitbart.
Vaunce News 
