3rd Circ. Questions Court's Role In Drafting SEPTA Ad Policy

Law360, Philadelphia (October 23, 2019, 6:04 PM EDT) -- A Third Circuit judge on Wednesday questioned whether a trial court should have taken it upon itself to redraft the Southeastern Pennsylvania Transportation Authority’s advertising policies after determining the agency had unconstitutionally barred messages about discriminatory lending practices.

Senior U.S. Circuit Judge Morton Greenberg said during oral arguments in Philadelphia that it was not the judiciary’s place — either on the appellate or the trial court level — to help SEPTA fix constitutional flaws in internal policies aimed at preventing its ad space from being used to display controversial or offensive messaging.

“I couldn’t help but wonder what we’re doing here,”...

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