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Video: Key free speech case argued, American Freedom Defense Initiative vs. Seattle King County

Aug 30, 2018 12:34 pm By Robert Spencer

This video shows Robert Muise of the American Freedom Law Center arguing that when Seattle refused to run our AFDI counter-terrorism ad, it violated our First Amendment rights. Our ad was a close copy of an ad that the FBI had originally run, before it was taken down after complaints from Leftists and Muslims.

Both our ad and the FBI ad were actually rejected for the same reason: because Seattle Metro officials, and now the 9th U.S. Circuit Court of Appeals, were afraid of angering Muslims and Leftists who claimed that the ad was offensive. Wanted posters are only offensive to criminals. The actual agenda is to keep the public ignorant of and complacent about the jihad threat, so that jihadis can advance unimpeded.

“Important First Amendment Case Argued in Ninth Circuit,” American Freedom Law Center, August 30, 2018:

Seattle, Washington (August 30, 2018) — Yesterday afternoon, American Freedom Law Center (AFLC) Co-Founder and Senior Counsel Robert Muise argued before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Seattle, Washington, asking the court to reverse the trial court and require the King County transit authority to run Pamela Geller’s and Robert Spencer’s anti-terrorism ad because the County’s refusal to do so is an unconstitutional viewpoint-based restraint on free speech.

The lawsuit was filed by AFLC in the United States District Court for the Western District of Washington at Seattle on behalf of Geller, Spencer, and their organization, the American Freedom Defense Initiative (AFDI).

According to the original complaint filed in 2013, in June of that year, King County displayed an advertisement submitted by the federal government that depicted the “Faces of Global Terrorism” in an effort to “stop a terrorist” and “save lives.”  The advertisement offered an “up to $25 million reward” for helping to capture one of the FBI’s most wanted terrorists.

The terrorists identified in the ad were also found on the FBI’s most wanted global terrorists list, which is posted on the FBI’s website.  At the time, this list included pictures and “wanted posters” for thirty-two terrorists.  Of the thirty-two listed terrorists, thirty were individuals with Muslim names or were wanted for terrorism related to organizations conducting terrorist acts in the name of Islam.

According to news reports, the federal government terminated its “Faces of Global Terrorism” ad campaign after receiving complaints from politicians and advocacy groups that took offense that the list of wanted global terrorists pictured in the ad appeared to include only Muslim terrorists.

Shortly after the government pulled the ad, Geller and Spencer, on behalf of AFDI, submitted an advertisement to King County that included the same pictures, names, and message as the government’s earlier display.  The King County transit authority refused to run the ad in part because it claimed the ad was not wholly accurate about which government agency ran the rewards program and the amount of the awards.

After the courts agreed with the transit authority, AFDI submitted a second ad, this time making certain the ad was presented in such a way that removed the inaccuracy argument.  The transit authority still refused to run the ad on the grounds that it was disparaging to Muslims.

The trial court agreed once again with the transit authority, and AFLC appealed to the Ninth Circuit.  Oral argument was held yesterday, and it can be viewed on the court’s website by clicking here.

David Yerushalmi, AFLC Co-Founder and Senior Counsel, commented:

“My colleague Robert Muise provided the Ninth Circuit and the King County transit authority with an excellent tutorial on the First Amendment.  I would urge any lawyer involved in this area of the law and all of those government officials who believe they may censor speech on the basis that it might hurt someone’s feelings to watch the oral argument and learn something important.”

AFLC has represented Geller, Spencer, and AFDI successfully in federal lawsuits across the country, most notably in New York, Philadelphia, and Washington, D.C., where the courts have ordered the transit authorities to run AFDI’s anti-terrorism ads.  In each of those cases, the transit authorities were forced to pay substantial legal fees to AFLC.  In Chicago, the transit authority initially refused to run an AFDI “anti-jihad” ad, only to capitulate after stating in a letter that while transit authority officials considered the ad “morally reprehensible,” they were aware of AFLC’s successful litigation.

AFLC Co-Founder and Senior Counsel Robert Muise remarked after appearing before the Ninth Circuit:

“King County’s restriction on our client’s speech is not only wrongheaded, it is clearly unconstitutional.  Under the First Amendment, the government is not permitted to impose special prohibitions on speakers who express views on disfavored subjects or on the basis of hostility towards the messenger or the underlying message expressed.”

Muise added:

“It is quite evident, based on the fact that King County initially accepted the federal government’s ad only to have the feds pull the ad for fear of offending Muslims, that King County is now suffering from the quite debilitating disease of political correctness.  And there is little doubt that King County officials also dislike the messenger—our clients—who are doing a great service by alerting all Americans to the dangers of sharia and its followers.”

The Ninth Circuit is expected to decide the appeal and determine if the “Faces of Global Terrorism” ad will run on King County buses within the next several months.

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Filed Under: American Freedom Defense Initiative, Featured, free speech Tagged With: American Freedom Law Center, King County, Robert Muise, Seattle


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Comments

  1. SB says

    Aug 30, 2018 at 1:15 pm

    Seattle used to be a beautiful city. But now the leftys run it. Current mayor, Jenny Durkin and x-mayor Ed Murray would both be thrown off high buildings if sharia was ever implemented. There is/was a beautiful tent city you could see from the freeway. The left argued for heroin houses, out of compassion for addicts (I say: so addicts could slowly kill themselves.) I haven’t been keeping up on things lately concerning Seattle, but I know, under charge of the left, Seattle is Washington State’s San Fransisco. I point this out for a better understanding (probably a no-brainer) of why they refuse to run the counter-terrorism ad. Well wishes for the AFDI.

  2. SB says

    Aug 30, 2018 at 3:28 pm

    Ali, I was raised in Gig Harbor. It’s a small world.
    Kudos to Muise, Geller, Spencer. and the AFDI.
    I feel the Good will prevail.

    • Andy says

      Aug 30, 2018 at 4:57 pm

      Here is another story from the west coast:

      Student Arrested for Stealing MAGA Hat, Slapping Teacher in Profanity-Laced Tirade

      http://conservativefighters.org/news/student-arrested-for-stealing-maga-hat-slapping-teacher-in-profanity-laced-tirade/

    • Elisha says

      Aug 30, 2018 at 11:48 pm

      “I feel the Good will prevail.”

      Of course. Jesus Christ already defeated Satan at Calvary!

      When He had disarmed the rulers and authorities, He made a public display of them, having triumphed over them through Him. – Colossians 2:15

      Rejoice always!

      God bless.

  3. jihad3tracker says

    Aug 30, 2018 at 3:46 pm

    So far, I have watched 20 minutes of this video, and the female judge (Graber?) seems to be leaning toward the remarks of Mr. Muise (AFDI counsel).

    Judge on the right side asks several hypotheticals, which IMHO Mr. Muise handles well — answering those queries effectively.

    Judge on the left remains largely silent in those first 20 minutes, but finally speaks, and I detect some empathy for the AFDI side.

    I will watch the remaining 10 minutes tonight — several hours from now (3:45 Eastern US currently).

  4. Mark Spahn (West Seneca, NY) says

    Aug 30, 2018 at 4:51 pm

    I listened to the entire video, and was impressed by the performance of all five participants. For a full understanding, the viewer would have to be briefed on all the precedents (e.g., “C-MAC”) and various legal terms (e.g., “non-public forum”). The judges all asked pertinent, clarifying questions. The judge on the right is slumped over and at first seemed like he might fall asleep, but his speech showed him to be alert. The slumping must be due to some physical disability (paraplegic?), and he seems not to have the use of his arms; an assistant brought him something to drink through a straw — but not a plastic straw, I hope!

  5. TWG says

    Aug 30, 2018 at 7:49 pm

    Seattle, Washington ( King County ) U.S.A.

    With their very own, very cherished, seventeen foot tall bronze statue of LENIN, right there in the City. They adore that POS there.

    Seattle IS a islammunist shithole.

  6. Clive Stephen Delmonte says

    Aug 30, 2018 at 8:08 pm

    Dear Mr Spencer,

    Don’t you ever get profoundly depressed by this endless catalog of demonstrations of ignorance, stupidity and cupidity on the part of authorities across the Western world regarding Islam and Jihad ?

    • gravenimage says

      Aug 31, 2018 at 3:00 am

      Robert Spencer is indefatigable and seems to have the patience of a saint.

  7. gravenimage says

    Aug 31, 2018 at 3:04 am

    Video: Key free speech case argued, American Freedom Defense Initiative vs. Seattle King County
    …………………….

    Excellent that you are fighting this!

  8. Joy DB says

    Aug 31, 2018 at 3:46 am

    I, too, was born, brought up and spent the first 50 years of my life in Seattle, but am now a resident/denizen of the CA desert. Seattle was, indeed, a terrific city with a broad-base of cultural and educational institutions, and a real civic sense of pride. People were, in a word, friendly & outgoing. Now, as I understand it, the libtoid mentality has infected so many aspects of this once vibrant city that it can be VERY discouraging to be an active Conservative! The People’s Republic of Seattle seems to describe the present malaise….

  9. pdxnag says

    Aug 31, 2018 at 6:20 am

    The government lawyer seems convinced that if he could get 20 barbarians to go rough up passengers, to chase others off the buses, that he would have a case. He tries to pretend he has his 20 barbarians all lined up and ready to rage.

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