Legal Opinion
Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System
District Court, M.D. Pennsylvania
Decided January 27, 2016No. CIVIL ACTION NO. 3:15-833PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
MALACHY E. MANNION, United States District Judge
Pending before the court is a motion to dismiss the plaintiffs complaint, (Doc. 1), filed on behalf of defendant County of Lackawanna Transit System (“COLTS”), for failure to state a claim upon which relief may be granted. (Doc. 6). Plaintiff alleges that COLTS’ policy regarding advertisements on its buses violated its right to freedom of speech under the First and Fourteenth Amendments. For the reasons that follow, COLTS’ motion to dismiss will be DENIED.
I. RELEVANT BACKGROUND1
Plaintiff, Northeastern Pennsylvania Freethought Society,…
2Cases cited35 opinions
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- Conley v. GibsonSupreme Court of the United States · 1957
- West v. AtkinsSupreme Court of the United States · 1988
- City of Canton v. HarrisSupreme Court of the United States · 1989
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3Cited by1 opinion
- Nagle v. Pottsville Area School DistrictDistrict Court, M.D. Pennsylvania · 2025