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Alan Korwin wins First Amendment case
Posted by David Hardy · 8 May 2014 03:57 PM
Story here. Alan and some others sponsored an ad on bus stands which the city of Phoenix rejected. It's isn't the clearest opinion, but seems to recognize that his ad would have met the city's 2011 standards (which required a commercial message, but not an exclusively commercial one), and so rejecting it was a First Amendment infraction.
Paragraph 20 boggles me. As written, it seems that the only criteria for deciding whether the city has been fair in its enforcement of transit advertising standards is that the city reviewed all ads, and that the city itself thought that it did so fairly:
"there is no indication the City has allowed any advertisement to be posted without reviewing it pursuant to the Standards or that the City accepted an advertisement believing it to be inconsistent with the Standards. Accordingly, upon this record, we find the City has not abandoned the bus shelters’ status as nonpublic fora."
The next time I'm accused of being unfair, I think I'll point out that, since I think I'm being fair, then I am.
I'm probably missing some legal subtlety.