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AMERICAN FREEDOM DEFENSE INITIATIVE v. SUBURBAN MOBILITY AUTHORITY REGIONAL TRANS.

No. 11-1538.

698 F.3d 885 (2012)

AMERICAN FREEDOM DEFENSE INITIATIVE; Pamela Geller; Robert Spencer, Plaintiffs-Appellees, v. SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION (SMART); John Hertel, individually and in his official capacity as General Manager of SMART; Beth Gibbons, individually and in her official capacity as Marketing Program Manager of SMART, Defendants-Appellants, Gary I. Hendrickson, individually and in his official capacity as Chief Executive of SMART, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Christian E. Hildebrandt , Vandeveer Garzia, P.C., Troy, Michigan, for Appellants. Robert J. Muise , American Freedom Law Center, Ann Arbor, Michigan, for Appellees. ON BRIEF: Christian E. Hildebrandt , John J. Lynch , Vandeveer Garzia, P.C., Troy, Michigan, Avery E. Gordon , Anthony Chubb , Suburban Mobility Authority for Regional Transportation, for Appellants. Robert J. Muise , Thomas More Law Center, Ann Arbor, Michigan, David Yerushalmi , Law Offices of David Yerushalmi, P.C., Chandler, Arizona, for Appellees.

Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge.

OPINION

ROGERS, Circuit Judge.

Plaintiff American Freedom Defense Initiative is a nonprofit corporation that wanted to place an advertisement on the side of city buses in Michigan. The advertisement read: "Fatwa on your head? Is your family or community threatening you? Leaving Islam? Got Questions? Get Answers! RefugefromIslam.com". Defendant Suburban Mobility Authority for Regional Transportation (SMART) refused to display the advertisement, citing its...

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