RIDLEY v. MASSACHUSETTS BAY TRANSP. AUTHORITY

Nos. 03-1970, 03-2285.

390 F.3d 65 (2004)

Lischen RIDLEY, individually and on behalf of members of the congregation of the Church with the Good News; and Change The Climate, Inc., Plaintiffs, Appellants, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY; and Michael H. Mulhern, in his official capacity, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 29, 2004.


Attorney(s) appearing for the Case

Harvey A. Schwarz, with whom Laurie A. Frankl, Rodgers, Powers & Schwartz, Sarah Wunsch, and ACLU Fdn. of Massachusetts were on brief, for appellants.

Rudolph F. Pierce, with whom James A. Aliosi, Jr., Peter N. Kochansky, and Goulston & Storrs were on brief, for appellees.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.


LYNCH, Circuit Judge.

These two appeals, consolidated at the request of all parties, raise First Amendment challenges to the rejection of proposed advertising submitted to a Boston-area public transit system, the Massachusetts Bay Transportation Authority ("MBTA").

In Change the Climate, Inc. v. MBTA, No. 03-2285, the MBTA rejected three advertisements designed to raise questions about marijuana laws on the stated ground that the ads would promote illegal...

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