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TriMet
loses case over its ad rejection
ASHBEL
S. GREEN
The
Oregonian
An
Judge Henry C. Breithaupt
ruled that TriMet doesn't have to accept ads on public transportation.
But if the Portland-area mass transit agency does so, the
TriMet rejected the ad,
proposed by Friends of the River and the Karuk Tribe of
TriMet policy allows only
commercial ads and public service announcements.
" 'Advertisement,'
as used in this policy, means a communication that promotes or offers
goods or services. The definition of advertisement notwithstanding,
TriMet may, in its discretion, accept 'public service announcements' as
defined herein," according to the policy.
In court papers, TriMet
officials argued that they did not want public transportation to become
a "public forum for the dissemination, debate and/or discussion of
public issues."
But by allowing
nonpolitical public service announcements, Breithaupt ruled, TriMet
discriminated based on content.
"That action was not
viewpoint neutral and was therefore invalid under the First
Amendment," he wrote.
TriMet officials said
they are considering an appeal.
The ACLU hailed the
decision.
"This is an
important victory for free speech in
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Source: http://www.oregonlive.com/politics/oregonian/index.ssf?/
base/news/1212548171310830.xml&coll=7