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American Freedom Defense Initiative v. Massachusetts Bay Transportation Authority

Petition for certiorari denied on January 11, 2016

Docket No. Argument Opinion Vote Author Term
15-141 N/A N/A N/A N/A OT 2015

Issue: (1) Whether the Massachusetts Bay Transportation Authority (MBTA) created a public forum by accepting for display on its property a wide array of controversial political and public-issue ads, including ads that address the same controversial subject matter as petitioners" pro-Israel ad, and thus violated the First Amendment by rejecting petitioners" ad based on its content; and (2) regardless of the nature of the forum, whether the MBTA"s rejection of petitioners" advertisement based on an advertising guideline that prohibits ads considered by MBTA officials to be "demeaning and disparaging" was a viewpoint-based restriction of speech in violation of the First Amendment.

DateProceedings and Orders (key to color coding)
07/27/2015Petition for a writ of certiorari filed. (Response due August 31, 2015)
08/05/2015Waiver of right of respondents Massachusetts Bay Transportation Authority, et al. to respond filed.
08/26/2015DISTRIBUTED for Conference of September 28, 2015.
08/27/2015Response Requested . (Due September 28, 2015)
09/28/2015Order extending time to file response to petition to and including October 28, 2015.
10/27/2015Order further extending time to file response to petition to and including November 9, 2015.
11/09/2015Brief of respondents Massachusetts Bay Transportation Authority, et al. in opposition filed.
11/19/2015Reply of petitioners American Freedom Defense Initiative, et al. filed.
11/23/2015DISTRIBUTED for Conference of December 11, 2015.
12/28/2015DISTRIBUTED for Conference of January 8, 2016.
01/11/2016Petition DENIED.