AMERICAN FREEDOM DEFENSE v. SUBURBAN MOBILITY

No. 19-1311.

978 F.3d 481 (2020)

AMERICAN FREEDOM DEFENSE INITIATIVE; Pamela Geller; Robert Spencer, Plaintiffs-Appellants, 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-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 23, 2020.


Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise , AMERICAN FREEDOM LAW CENTER, Ann Arbor, Michigan, for Appellants. Christian E. Hildebrandt , VANDEVEER GARZIA, P.C., Troy, Michigan, for Appellees. ON BRIEF: Robert Joseph Muise , AMERICAN FREEDOM LAW CENTER, Ann Arbor, Michigan, David Yerushalmi , AMERICAN FREEDOM LAW CENTER, Washington, D.C., for Appellants. Christian E. Hildebrandt , VANDEVEER GARZIA, P.C., Troy, Michigan, Kirsten Silwanowicz , Ronald E. Beier, II , SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION, Detroit, Michigan, for Appellees.

Before: COLE, Chief Judge; SILER and MURPHY, Circuit Judges.


OPINION

The Free Speech Clause limits the government's power to regulate speech on public property. The government has little leeway to restrict speech in "public forums": properties like parks or streets that are open to speech by tradition or design. It has wider latitude to restrict speech in "nonpublic forums...

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