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Federal Court: MTA violated Geller’s, Spencer’s First Amendment rights

Jul 20, 2015 11:46 am By Robert Spencer

killing Jews is worshipAnother victory in the ongoing war against the freedom of speech.

“Federal Court: MTA Violated Pamela Geller’s First Amendment Rights and Must Pay as a Result,” American Freedom Law Center, July 20, 2015:

On 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.

Anti-Jihad Ad

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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Filed Under: Featured, free speech Tagged With: Metropolitan Transit Authority


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Comments

  1. ICH says

    Jul 20, 2015 at 11:52 am

    AWESOME !!!!!!!!!!!!!!!!!

    This is great news !!

    I cant wait to see them on the buses.

    • jihad3tracker says

      Jul 20, 2015 at 12:56 pm

      Let me just add —- !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      And a Good Ol’ Redneck “YESSIREE AND YAHOO !” Plus a few rounds of celebratory carbide canon fire . . .

      • Draki says

        Jul 20, 2015 at 2:52 pm

        Wooo!!!11!!!!!

    • Huck Folder says

      Jul 20, 2015 at 4:15 pm

      Can they do the same with the revolting ‘mo loves peace’
      and similar CRAP on billboards, where that company refuses
      to run very mild counter messages?

      Shouldn’t ‘all-American’ Hassan Shibley be complaining
      as vehemently about the bus and billboard companies,
      DISCRIMINATION, as he is about mo-free firing ranges
      or gun shops?

      He wouldn’t want to be called a HYPOCRITE would he?

  2. ConcernedCanadian says

    Jul 20, 2015 at 11:54 am

    Great billboard !!!

    Nothing but truth,

    I love it.

  3. Michael Copeland says

    Jul 20, 2015 at 12:06 pm

    Congratulations to the legal team. Keep going.

  4. AnnaK says

    Jul 20, 2015 at 12:18 pm

    Amazing victory in this day and age of political correctness. This gives hope!. Well done, and all the best to Pamela, Robert and their team, we all owe you a lot for standing up again and again, never backing down or letting go,(like pitbulls!), for what basically are the freedoms of us ALL

    • Huck Folder says

      Jul 20, 2015 at 4:25 pm

      But don’t lose sight of the fundamental causation.

      Why are such ads necessary? No islam, no problems.
      No need for ads, no need to fight for them…
      If mo wasn’t created/inflated there would be
      270 million more people and their progeny
      on this planet.
      Who knows, there may have been another Newton,
      or Ramanujan, or Einstein among them.

      I reckon islam costs the world (including their
      miserable selves) $100 billion every year in added
      transportation security costs, loss of productivity,
      increased crime as forces diverted…

  5. Don McKellar says

    Jul 20, 2015 at 12:19 pm

    Geez, I just don’t understand what goes on in the brains of some people. I’m an atheist and, quite frankly, find the founding of a country based on a bunch of religious myths and legends — that have virtually all been discredited by science and facts — to be quite silly. Yes, I’m talking about Israel. However, what do I care if a group of Jews have created their own country out of where their ancestors used to live — and really make something out of it? Good for them — and good for you if you’re one of them. Particularly when that area had degenerated into a typical Islamic slew-hole without a future. Just don’t look for any money from me to support such a country. But I am dumbfounded when I read stuff like this:

    “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.”

    Can anybody explain what in the hell this guy is talking about? And how would the proposed ads accomplish that? I already know about the lunacy of claiming that truth is hate speech. I’m talking about this whole thing about exposing wealthy Jews against Israel? Where is he coming from with this? Who are these people? Is he simply a raving madman, or are there such people? And how would this ad “expose” them them?

    • Westman says

      Jul 20, 2015 at 1:25 pm

      Yes, there really are some wealthy Jews who are sending money to the BDS movement. You might have heard BDS brainwashed students chanting, “free, free Palestine from the river to the sea” , after Pamela Geller’s address at Brooklyn College, NY. And they mean the elimination of Israel.

      Search for “free palestine” on youtube.

      A new bus ad would question the funding of BDS by Jews who are effectively undermining Israel in the delusional hope that covering the former Israel with Palestinan descendents will bring peace. This would hardly put these Jewish BDS supporters in jepardy from Muslims who mostly love the idea of no Israel.

      Perhaps Charles Moerdler is worried about a response toward the BDS supporting Jews from the majority of Jews who support Israel. But that is incoherent since American Jews use the law to settle grievances instead of violence.

    • Western Canadian says

      Jul 20, 2015 at 2:04 pm

      ” I’m an atheist and, quite frankly, find the founding of a country based on a bunch of religious myths and legends — that have virtually all been discredited by science and facts”

      Instead of just ranting like a low church atheist (meaning, poorly educated, quite ignorant, as well as pompous), why not give examples of what has been ‘discredited’…. assuming you can.

      • Davegreybeard says

        Jul 20, 2015 at 6:37 pm

        Well wadaya know, we agree on this also!

    • Rev. Albert W. Kovacs - UCC says

      Jul 20, 2015 at 3:54 pm

      It makes no difference whether you are an atheist or into religion in this matter because it’s about stopping the slaughter of human beings, no matter what they believe. It’s about making clear that these butchers will use an excuse to kill Jews – and Christians, Muslims, Copts, gays, musicians, and whoever they don’t like for any nutsy reason. Now they have come to this side of the Pond and slaughter our own. It’s not only about wealthy Jews – some fools are on the other side – but allies like me who send a few dollars to help. Any threat to the right to speak is a threat to my rights, and as an American I resent it! – Go, Pamela!

    • Huck Folder says

      Jul 20, 2015 at 5:26 pm

      “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.”

      http://pamelageller.com/2015/04/moerdler-lashon-hora.html/

      Video is an 11:30 diatribe, repeatedly describing Pamala’s ads as ‘muck’ and ‘filfth’, with nary a quote to prove his personal OPINIONS.

      “At 7:37 Moerdler: “Neither the Quran nor the Bible nor the Torah nor any other compass of conscience condones hateful speech.”
      With that, Moerdler’s vast legal credentials fall like dandruff from his bald pate. Forget the horrors of the Old Testament, the Quran is the “mother lode of bad ideas” (thanks, Sam Harris). For wall-to-wall, plain-as-the-broad-side-of-a-barn hatred, nothing compares to the Quran. For Moerdler to deny that impeaches all his other arguments.”

      “Charles Moerdler, attorney for the notorious leftist United Federation of Teachers,* has previously argued that it’s “morally wrong” to put out inaccurate information, which is exactly what this dishonest fascist did today.”

      * A double whammy. This pompous, egocentric, narcissistic, self-aggrandizing windbag SUPPORTS those who are destroying the US. Pamela may be able to something about the treacherous NFT in future – maybe show if they are enabling the Common Core and other deceptions to whitewash islam.

  6. ECAW says

    Jul 20, 2015 at 12:24 pm

    Congratulations to AFDI. Great news.

  7. Dyll from Canada says

    Jul 20, 2015 at 12:24 pm

    Congratulations to Pam, Robert and the team.

    This good news just made my day.

  8. William L. Di Gennaro says

    Jul 20, 2015 at 12:40 pm

    Congratulations and Thank You to Pamela Geller. You are the
    Winston Churchill of our time. Please don’t stop.

  9. mortimer says

    Jul 20, 2015 at 1:11 pm

    We should all pledge money to AFDI because they are EFFECTIVE at promoting knowledge of the jihad doctrine.

    Americans need to have the jihad doctrine explained to them, especially civil servants and politicians in Washington.

  10. Wellington says

    Jul 20, 2015 at 1:27 pm

    Islam and Leftism just can’t handle the First Amendment. I esteem the First Amendment. it’s arguably the greatest part of the American Constitution, respecting which four-time Prime Minister of the United Kingdom, William Gladstone, said “is the greatest document ever created by man.” Gladstone, as many who post here regularly at JW already know, also said that as long the Koran exists there will never be peace in the world. I think Gladstone’s worth esteeming too. So are Pamela Geller and Robert Spencer.

    • jihad3tracker says

      Jul 20, 2015 at 1:45 pm

      I sent a brief note of congrats to Robert, Pam, Mr. Muise, Mr. Yerushalmi, and the AFDI support staff (at the email path listed here on JW.

      Perhaps other readers and commenters would like to do the same . . . It is a virtual certainty that with this victory, there will be abundant furious worshippers of Allah who pass along death threats and other examples testifying to their love of freedom.

    • Westman says

      Jul 20, 2015 at 2:30 pm

      Amen, Wellington.

  11. Angemon says

    Jul 20, 2015 at 2:00 pm

    Great news! Congratulations, Robert, Pamela, and everyone else in the AFDI and AFLC!

  12. mortimer says

    Jul 20, 2015 at 2:06 pm

    Charles Moerdler previously had no problem with ads that criticized the existence of Israel. The people that paid for those anti-Israel ads have also solicited murder of Jews and consider it a ‘good action’ for a Muslim. AFDI wanted to expose their hypocrisy. They appeal to human rights of one group and solicit genocide of another! Pure hypocrisy!

    Does Mr. Moerdler think it is wrong to denounce the solicitation of murder? What do you say, Mr. Moerdler? Doesn’t most political advertising criticize the insincerity and hypocrisy of the other party?

    Using your logic, Mr. Moerdler, Hitler was right in destroying the offices of the Munich Post after they criticized his hate speeches.

    Which is worse, then? Reporting on a hate speech and denouncing it? Or the original hate speech?

    Moerdler merely means that he supports ads that allow Muslims to escape criticism, because Muslims blow things up.

    And the weasel word ‘DISPUTED’ used by MTA means simply that they would have to give up revenues from any ad that made a CLAIM, since almost all claims may be disputed on some technicality. Even scientific claims with massive evidence may be ‘disputed’.

    MTA’s and Charles Moerdler’s weasel words reveal the opportunism of their business philosophy.

  13. Victor Redlick says

    Jul 20, 2015 at 2:09 pm

    Does anyone, of even limited faculties, believe the insidious MTA cares? This is seditious incitement for which ordinary taxpaying citizens and MTA riders are the ones who lose; regardless of their affiliations. It it is not just in New York, but everywhere, in America, in which this contentious culture exists. The commensurate punitive fines should reflect the MTA’s bellicosity towards the court(s) as well as the severity of demeaning the inalienable First Amendment, at the same time civil damages awarded to the individual plaintiffs are pronounced. The belligerence demonstrated here should be soundly excised; whether it is directed at Ms. Geller, Mr. Stephens, the AFDI or any other legitimate American. If it was personal, out-of-pocket costs you can bet the guilty parties’ insolence would be substantially less existent.

  14. William says

    Jul 20, 2015 at 2:11 pm

    Congratulations!

  15. Alarmed Pig Farmer says

    Jul 20, 2015 at 2:17 pm

    I don’t hold out much hope for counter-legal jihad. The U.S. Supreme Court came out of the closet as agents of globo-socialist lawlessness a few weeks ago when it gave a 23-page “adopted reading” of why a plain statement like “established by the state” does not mean a healthcare insurance brokerage established by a state such as Indiana, Florida or Idaho. It instead means what is perceived to have been intended by the law’s drafters.

    So, someone will file a lawsuit giving lowlife scum like John Roberts (Harvard Man) a shot at saying that the First Amendment does *not* mean what is plainly stated in the text, and will take an “adopted reading” that Geller’s AFDI ads are not protected.

    I mean, people throw around the legal concept “hate speech” as if that’s established law, when in fact it is quite illegal. Nowadays, when it comes to the rule of law the law is roll your own. Given that most are terrified of Moslem frowns, complaints, anger and mass murder, things will roll Islam’s way.

  16. brenda buruma says

    Jul 20, 2015 at 2:21 pm

    Congratulations to Pam Geller. You’re a remarkable woman!!! Someday America will be thanking you.

  17. American says

    Jul 20, 2015 at 2:31 pm

    This is really great news! Congratulations to Pamela, Robert, and the legal team. One step at a time, but progress is being made…

  18. duh_swami says

    Jul 20, 2015 at 3:35 pm

    Three thumbs up. I would give more than three if I had them…It just proves that right action sooner or later lead to right results…

  19. Ren says

    Jul 20, 2015 at 3:39 pm

    BRAVO Spencer and Geller for your fight for freedom of speech. Nowadays, looks like America is the only stronghold left in the world that understands deep meaning of freedom.

  20. Evolution says

    Jul 20, 2015 at 7:08 pm

    HOORAY ! CONGRATS!!!
    I have my hopes high for you and wish you the best of luck in the remaining trials 😀

  21. R Cole says

    Jul 20, 2015 at 8:03 pm

    Can you imagine that a Muslim would be so angry at what a Muslim group – such as Hamas – were saying that they’d commit a terrorist attack. It makes perfect sense – for the court to throw this analogy out.

    It’s the free world!!

    Public transport services have run some irritating ads in Muslims favor – such as Jesus was a Muslim – [which is a horrendous idea – can you imagine Jesus stoning women!] Or other openly proselytising ads – as if Islam should be given some sort of priority – that it should automatically be held above question or criticism.

    Where there are laws to put people to death – then these things can be assumed. There – Islam has supremacy over all rights and even life itself.

    So that these seemingly innocuous de facto changes to the law – that undermine fundamental rights – need to be challenged.

    Nipped in the bud!

    Or one day we might wake up and wonder how we got ~ death for apostasy and other laws which place serious limits of freedom of speech, thought and conscience.

    [Already some outspoken ex-Muslims are treated with suspicion. It’s the boiling frog.]

    ::

    The great difficulty for Islam at the moment – in the free world – it is not so much the battle between two abstract forms of Islam [each want a sharia state – but differ in how to get there] – it is what was once held as private Islamic sentiment – is now being made public.

    Managing Islam’s image – is no longer entirely in their hands.

    Unlike the Islamic world – in the free world – there is no legal coercive means to maintain control of the people.

    Fear exceeds respect – under Islamic rule – freedom is dished out in a begging bowl.

    ::

    The platform to protect Islam in the free society – is not very sturdy – because it is not based on western values.

    Islamic values simply don’t apply – past one’s personal or private practice.

  22. Champ says

    Jul 20, 2015 at 8:07 pm

    Fantastic news!! The truth wins!!

  23. celticwarriorcanada says

    Jul 21, 2015 at 2:01 am

    Awesome! Congratulations! Calls for a few Pints and a Pulled Pork Sandwich !

  24. Baucent says

    Jul 21, 2015 at 6:53 am

    Excellent! A huge win that will cause the appeasers sleepless nights.

  25. Jenny H says

    Jul 21, 2015 at 8:25 am

    This is excellent news! Congratulations!

  26. Lesley says

    Jul 21, 2015 at 9:57 am

    Finally some good news!

  27. st. patrick says

    Jul 21, 2015 at 10:06 am

    Congratulations guys (and doll,yup that’s you Pam) and Thank you!

  28. David Arnold says

    Jul 21, 2015 at 10:36 am

    Congratulations to the legal team. Let’s hope the Ct of App rejects the right of the MTA to retroactively play musical chairs with their ad policy just to avoid displaying anything that criticizes the religion of no peace.

    Politically correct fantasies that avoid dealing with immutable and undisputed truths need to be confronted and dispelled. This is not done by comparing faith based systems of belief, but by elucidating cold hard facts how certain ideologies, Islam a paradigm example, deprive practitioners and non-practitioners alike of civil and human rights, rights that all modern civilized societies afford all human beings.

    Likewise, congratulations to Ms Geller and RS for their continuing sterling efforts to educate the masses about the true essence of Islam, the barbaric ideology that it is both in theory and in practice so anti-human, so barbaric, so frozen in a 7th century time warp.

  29. Dee says

    Jul 21, 2015 at 1:14 pm

    Now our damn courts are against us. When will our God do something about this?

    • JIMJFOX says

      Jul 22, 2015 at 5:08 am

      He must be busy elsewhere; like a policeman,
      He never seems to be around when you need Him…

    • JIMJFOX says

      Jul 22, 2015 at 5:10 am

      Is there no Law of Precedent in USA? Why is any State allowed to keep repeating the same lies?

  30. gordon miller says

    Jul 21, 2015 at 3:40 pm

    This is great news. Where’s the cheering?

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