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Saturday, September 29, 2012

MTA changes their advertising rules, the Dersh calls new rules unconstitutional

Just one day after Mona Eltahaway was arrested in New York for vandalizing Pamela Geller's subway advertisements (see above), New York City's Metropolitan Transportation Authority changed its rules regarding ads like the ones in question.
The New York Times reports the MTA will prohibit any advertisements that it “reasonably foresees would imminently incite or provoke violence or other immediate breach of the peace.” Those “viewpoint” ads that do not meet this criteria will be allowed, so long as a disclaimer is included saying the MTA does not endorse them. The MTA met on Thursday to discuss the rules, which were approved unanimously 8-0. 


Self-proclaimed “proud-liberal Muslim” activist Mona Eltahawy served as the impetus of the ruling after she spray painted a pro-Israel advertisement placed in the New York City subway.
Harvard Law Professor Alan Dershowitz says that the new rules are plain dumb and unconstitutional.
“A. it’s clearly unconstitutional” he said, and “b. it incentivizes people to engage in violence. What it says to people, is that if they don’t like ads, just engage in violence and then we’ll take the ads down.”
“It’s very bad policy,” he continued, “and it’s just plain dumb, because it is going to encourage violence.”
Responding to the charge in an interview with The Algemeiner, M.T.A. spokesperson Aaron Donovan declined to comment.

...

The Law Professor also made clear that he is certain the decision will face legal challenges. “It will be challenged, there is no question about that,” he confirmed, “if the ACLU (American Civil Liberties Union) doesn’t get into this case immediately, they are going to have to write to me several times for my contribution this year. This is a perfect case for the ACLU, the ACLU should be in there, opposed to the MTA.”
“I would hope the ACLU would get behind the organization that put up the ads even though I’m sure they disagree with the content of the ads, as do I,” he concluded.
When asked by The Algemeiner if they had considered the constitutionality of their decision, M.T.A. spokesperson Aaron Donovan said that he wasn’t concerned. “All of the changes that were made to the guidelines, were made within the framework of our understanding of First Amendment law, we feel the guidelines as they have been amended are firmly planted in the bedrock of the constitution, specifically the First Amendment,” he said.
I wonder whether the ACLU will get behind Pam and her group. Hmmm.

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2 Comments:

At 12:36 AM, Blogger Empress Trudy said...

So.....free speech is fine as long as it doesn't offend Islam. Ok thanks for clearing that up.

 
At 1:00 AM, Blogger Sunlight said...

No, no. The ACLU is part of the Marcuse Marxist caliphate brigade. Nothing, and I mean nothing, will change their minds. They'll ride it right into a USSR/Sharia installation. Helped along by the Leftists in the US Jewish community that you complain about, as well as the Israeli Green $lu$hfund beneficiaries that I keep complaining about.

Pat Caudell says the press has become the enemy of America:
http://youtu.be/IBR4g6cBYeA

 

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