American Freedom Defense Initiative v. Metropolitan Transportation Authority

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

This case began when the defendant, the Metropolitan Transportation Authority (“MTA”), excluded from its advertising space on buses a controversial political advertisement submitted by the plaintiffs, the American Freedom Defense Initiative (“AFDI”) and its cofounders. In this Court’s previous decision, the Court held that when the MTA excluded the ad based solely on the MTA’s policy prohibiting ads that imminently incite violence, the MTA violated the First Amendment. Accordingly, the Court granted the plaintiffs’ motion for a preliminary…