Appeals court rules against MBTA on marijuana ad refusal

BOSTON -- A federal appeals court has ruled that the MBTA violated free speech rights by refusing to display ads from a group that wants to legalize marijuana.

The 1st U.S. Circuit Court of Appeals found the Massachusetts Bay Transportation Authority's refusal to display three ads submitted by the nonprofit group Change the Climate violated the First Amendment because it was based on officials' disapproval of the views expressed in the ads.

The MBTA rejected the ads four years ago, claiming they encouraged children to smoke marijuana. The transit authority argued that it has the right to protect riders from offensive or illegal messages.

But the appeals court found that the MBTA, a quasi-government agency, does not have the right to turn down advertisements based on its viewpoint.

http://www.boston.com/news/local/massachusetts/articles/2004/11/30/appeals_court_rules_against_mbta_on_marijuana_ad_refusal/

those activist judges!!

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http://www.365gay.com/newscon04/03/030204activistJudges.htm