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AIDS ACTION COMMITTEE OF MASS. v. MBTA

No. 94-1116.

42 F.3d 1 (1994)

AIDS ACTION COMMITTEE OF MASSACHUSETTS, INC., Plaintiff, Appellee, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 9, 1994.

Attorney(s) appearing for the Case

James G. Reardon, with whom Margaret R. Suuberg, Julie E. Reardon, Francis J. Duggan, and Reardon & Reardon, were on brief, for appellants.

H. Reed Witherby, with whom Smith, Duggan & Johnson, Sarah R. Wunsch and Massachusetts Civil Liberties Union Foundation, were on brief, for appellee.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

In this appeal, we must decide whether defendant-appellant Massachusetts Bay Transportation Authority (MBTA) acted constitutionally in declining to run in its subway and trolley cars seven public service advertisements composed by plaintiff-appellee AIDS Action Committee of Massachusetts, Inc. (AAC). The ads promote the use of condoms to help stop the spread of the virus which causes AIDS, the Human Immunodeficiency Virus ("HIV"). The...

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