3rd Circ. Nixes SEPTA Ad Policy As Unconstitutional

Law360 (September 15, 2020, 10:50 PM EDT) -- The Third Circuit on Monday sided with the Center for Investigative Reporting in its free speech and discrimination suit against the Southeastern Pennsylvania Transportation Authority, finding that the transit agency's political ad ban runs afoul of the California news nonprofit's constitutional rights.

In a published 31-page opinion, a unanimous three-judge panel ordered the district judge to issue an injunction barring how the public transit organization enforces its ad policy against the Emeryville, California-based nonprofit.

The CIR submitted an advertisement on discriminatory lending, which SEPTA rejected twice under its policy. But the Third Circuit panel determined that SEPTA's policy was too vague...

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