I have to post on this.
Legal Analysis (This will be short, I am very tired).
Commercial speech is a lesser protected form of speech, using the intermediary level of review, where the state must show an important government interest (this really means nothing), and the restriction is substantially related to that interest (this really means nothing). Cases are all over the place on this type of thing. One thing that is certain is that the government can prohibit false or misleading information from commercial speech.
Another wrinkle here is the public forum. Once the government opens up a forum to speech, it can't discriminate based on the speech. However, it can still regulate the manner of the speech.
The better suit here would be an Equal Protection claim. Discrimination based on religion is subject to strict scrutiny, and basically always fails. In fact, I am not sure if there is a single case where religion based laws have survived (I haven't done any research on the topic). The adverts were only pulled from Jewish communities, which is clearly unconstitutional. However, the vodka company lacks standing to bring the suit. If I was a 14 year old boy in that neighborhood, I would be in federal court tomorrow.
However, this solution would force the MTA into an all or nothing position, where it would either have to let the ads run in Jewish areas, or pull them all together.
All that said, Rabbi Shea Hecht told Fox that he has great respect for the First Amendment, but believes he also has a right to travel through his neighborhood with his children and not be offended. Basically, he says that he has great respect for the First Amendment, but only as far as he wants it to go... I nominate this guy for asshole of the night (which I am pretty sure he doesn't believe is protected under the 1st Amendment).
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3 comments:
Quote from the article: "If they want to sell bikinis, then fine, put a girl in a bikini – but what does that have to do with vodka?”
That's the most bone-headed statement uttered since the current Commander-in-Chief's last teleprompter fest.
H
First, agree with you about being 14-years old and such. Yeah, oh yeah.
Second, why not talk to the Vodka company concering the bus campaign. See if they are willing to tone it down, yet get the point across all the same. Instead of, being an ass about it,and forcing ones religious views on another.
In short, be a logical thinking adult about it.
If you bend over to these Ultra Jews, then Sharia law is next....
To Mr. Ultra Jew,
How about taking this an opportunity to teach your child what is appropriate (for your family). The notion that you can control the environment to your satisfaction is arrogant.
I have yet to figure out how "not being offended" has become a right in this Country. Get over yourselves people, its not all about you....
Thank you - Pearls ;)
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