NORTHEASTERN PA FREETHOUGHT v. LACKAWANNA TRANSIT

No. 18-2743.

938 F.3d 424 (2019)

NORTHEASTERN PENNSYLVANIA FREETHOUGHT SOCIETY, Appellant, v. COUNTY OF LACKAWANNA TRANSIT SYSTEM.

United States Court of Appeals, Third Circuit.

Filed: September 17, 2019.


Attorney(s) appearing for the Case

Molly M. Tack-Hooper , [Argued], American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19106, Brian Hauss , American Civil Liberties Union Foundation, 125 Broad Street, 18th Floor, New York, NY 10004, Theresa E. Loscalzo , Stephen J. Shapiro , Schnader Harrison Segal & Lewis LLP, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, Rachel A.H. Horton , DLA Piper, 1650 Market Street, One Liberty Place, Suite 5000, Philadelphia, PA 19103, Benjamin D. Wanger , Mullen Coughlin, 1275 Drummers Lane, Suite 302, Wayne, PA 19087, Attorneys for Appellant Northeastern Pennsylvania Freethought Society.

Thomas A. Specht [Argued], Marshall Dennehey Warner Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Attorney for Appellee County of Lackawanna Transit System.

Bruce D. Brown , The Reporters Committee for Freedom of the Press, 1156 15th Street, N.W., Suite 1020, Washington, DC 20005, Attorney for Amicus Reporters Committee for Freedom of the Press in Support of Appellant.

Geoffrey Blackwell , American Atheists Legal Center, 718 7th Street, N.W., Washington, DC 20001, Attorney for Amicus Curiae American Atheists and Center for Inquiry.

Before: HARDIMAN, PORTER, and COWEN, Circuit Judges.


OPINION OF THE COURT

This appeal arises under the First Amendment to the United States Constitution. Appellant Northeastern Pennsylvania Freethought Society (Freethought) would like to advertise on public buses in Lackawanna County, Pennsylvania. Freethought proposed an ad displaying the word "Atheists" along with...

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