CENTER FOR INVESTIGATIVE REPORTING v. SEPTA

No. 19-1170.

975 F.3d 300 (2020)

The CENTER FOR INVESTIGATIVE REPORTING, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

United States Court of Appeals, Third Circuit.

Filed: September 14, 2020.


Attorney(s) appearing for the Case

Molly M. Tack-Hooper [ARGUED], American Civil Liberties Union of Washington Foundation, 901 Fifth Avenue, Suite 630, Seattle, WA 19102, Brian M. Hauss , American Civil Liberties Union, Speech, Privacy & Technology Project, 125 Broad Street, 18th Floor, New York, NY 10004, John S. Stapleton , LeVan Muhic Stapleton, 601 Route 73 North, Four Greentree Centre, Suite 303, Marlton, NJ 08053, Rebecca S. Melley , Robert A. Wiygul , Hangley Aronchick Segal Pudlin & Schiller, One Logan Square, 18th & Cherry Streets, 27th Floor, Philadelphia, PA 19103, Attorneys for Appellant.

Stephen G. Harvey , Steve Harvey Law, 1880 John F. Kennedy Boulevard, Suite 1715, Philadelphia, PA 19103, James P. Davy , 2362 East Harold Street, Philadelphia, PA 19125, Bruce D. Brown , The Reporters Committee for Freedom of the Press, 1156 15th Street, N.W., Suite 1020, Washington, DC 20005, Attorneys for Amicus Appellants.

Kendra L. Baisinger , Robert E. Day, III , Maryellen Madden [ARGUED], John J. Powell , Montgomery McCracken Walker & Rhoads, 1735 Market Street, 21st Floor, Philadelphia, PA 19103, Attorneys for Appellee.

Gregory J. Krock , McGuireWoods LLP, Tower Two-Sixty, 260 Forbes Avenue, 18th Floor, Pittsburgh, PA 15222, Attorney for Amicus Appellee.

Before: GREENAWAY, JR., PORTER, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

Appellant Center for Investigative Reporting ("CIR") seeks a permanent injunction that would require the Southeastern Pennsylvania Transportation Authority ("SEPTA") to run an advertisement on the inside of SEPTA buses. The advertisement promotes CIR's research on racial disparities in...

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