SCOTUS on free-speech case: Let's dodge this one

Wednesday, January 13, 2016
 | 
Charlie Butts (OneNewsNow.com)

gavel with U.S. flagThe founder of Liberty Counsel says the U.S. Supreme Court has once again punted when given the opportunity to issue its opinion on a free-speech issue.

The Massachusetts Bay Transportation Authority rejected an ad for its buses from the American Freedom Defense Initiative, prompting the pro-Israel group to file a lawsuit based on freedom of speech. Liberty Counsel founder Mat Staver tells OneNewsNow finds it regrettable that the high court didn't take up the case.

Staver

"The fact is there are a number of other cases involving advertisement and transportation facilities, including the Massachusetts Bay Transportation facility, in which other courts have found that that's a violation of the First Amendment to reject something based upon its content," he explains. "And obviously, in this case the ad was rejected based upon its content."

The ad used the term "savage," which some interpreted as referring to Palestinians and Muslims.

"... I think what we have is an anti-Jewish, anti-Semitic bias that was at play here – and that's a content-based restriction that is not permissible by the First Amendment," says Staver.

"... I would hope that the Supreme Court would jump into this at some point in time. It's unfortunate that it dodged this particular bullet and decided not to resolve the issue, but the fact is this will come back again and again and again."

Constitutional law experts say that's because the First Amendment is in disarray as a result of a mixture of lower-court decisions.

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