Philadelphia Inquirer on AFDI Legal Triumph: “SEPTA buses can be plastered with Hitler’s Face”

The ad, produced by American Freedom Defense Initiative, features a photograph of a 1941 meeting between Adolf Hitler and Hajj Amin al-Husseini, a Palestinian Arab nationalist who made radio broadcasts supporting the Nazis.

SEPTA’s efforts to block city bus ads proclaiming “Jew Hatred: It’s in the Quran” violate free speech protections and should be halted, a federal judge has found.

In a case that grappled with basic First Amendment issues over disparaging advertising, U.S. District Judge Mitchell S. Goldberg ruled Wednesday that SEPTA had inconsistently run public-issue ads from other organizations, and cleared the way for a private group’s ad that seeks to end U.S. aid to Islamic countries using a provocative headline and a photograph of Adolf Hitler meeting with an Arab leader.

“It is clear that the anti-disparagement standard promulgated by SEPTA was a principled attempt to limit hurtful, disparaging advertisements,” Goldberg wrote. “While certainly laudable, such aspirations do not, unfortunately cure First Amendment violations.”

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