Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

American Freedom Defense Initiative v. Massachusetts Bay Transportation Authority

Petition for certiorari denied on January 11, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-141 1st Cir. 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
Jul 27 2015Petition for a writ of certiorari filed. (Response due August 31, 2015)
Aug 5 2015Waiver of right of respondents Massachusetts Bay Transportation Authority, et al. to respond filed.
Aug 26 2015DISTRIBUTED for Conference of September 28, 2015.
Aug 27 2015Response Requested . (Due September 28, 2015)
Sep 28 2015Order extending time to file response to petition to and including October 28, 2015.
Oct 27 2015Order further extending time to file response to petition to and including November 9, 2015.
Nov 9 2015Brief of respondents Massachusetts Bay Transportation Authority, et al. in opposition filed.
Nov 19 2015Reply of petitioners American Freedom Defense Initiative, et al. filed.
Nov 23 2015DISTRIBUTED for Conference of December 11, 2015.
Dec 28 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016Petition DENIED.
 
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