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AMERICAN FREEDOM DEFENSE INITIATIVE v. MBTA

Nos. 14-1018, 14-1289.

781 F.3d 571 (2015)

AMERICAN FREEDOM DEFENSE INITIATIVE; Pamela Geller; and Robert Spencer, Plaintiffs-Appellants, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY; and Beverly A. Scott, Individually and in her Official Capacity as Chief Executive Officer/General Manager of the MBTA, Defendants-Appellees.

United States Court of Appeals, First Circuit.

March 30, 2015.

Attorney(s) appearing for the Case

Robert Joseph Muise , with whom David Yerushalmi and American Freedom Law Center were on brief, for appellants.

Joseph D. Steinfield , with whom Jeffrey J. Pyle , Julia A. Brennan , and Prince Lobel Tye LLP were on brief, for appellees.

Before LYNCH, Chief Judge, STAHL and BARRON, Circuit Judges.

These consolidated appeals require us to decide whether the First Amendment permits the Massachusetts Bay Transportation Authority ("MBTA") to refuse to display a pair of paid, private advertisements on the trains, buses, and transit stations that the MBTA operates. Many circuits and district courts have addressed the First...

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