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Robert Hermann
ST. LOUIS, February 1, 2006 -- Bi-State Development Agency violated
the Constitution when it removed advertising purchased by the National
Alliance according to a lawsuit filed by the American Civil Liberties
Union of Eastern Missouri this week with the U.S. District Court in St.
Louis.
National Alliance, a national organization that says its goal is to
preserve the white race, placed innocuous advertisements on Metrolink
trains in January 2005. Metro, the agency that runs Metrolink for
Bi-State, agreed to post signs that read:
“The Future belongs to us! National Alliance", with their contact information.
According to the suit, Metro removed the advertisements after an
anonymous complaint about the viewpoint of the National Alliance. Metro
refused to place any further placards from the National Alliance on the
grounds that the advertising was “too controversial.”
“Metro violates both the First and Fourteenth Amendments to the
United States Constitution by refusing the National Alliance
advertisement placards on the grounds of its political philosophy,
message and identity,” according to the complaint filed by ACLU
cooperating attorney Robert Herman.
“Metro’s decision that the National Alliance’s ads are too
controversial is completely arbitrary,” said Brenda Jones, executive
director of the ACLU of Eastern Missouri. “The Supreme Court has made
clear that the public expression of ideas cannot be prohibited simply
because the ideas or the speakers of the ideas are offensive.”
“The First Amendment exists precisely to protect the most offensive
and controversial speech from government suppression. The best way to
counter obnoxious speech is with more speech. Persuasion, not coercion,
is the solution,” said Rothert. “Courts do not allow government
agencies like Metro to ban the expression of ideas just because some
riders will find it offensive or disagreeable.”
The lawsuit seeks preliminary and permanent injunctions enjoining
Bi-State from continuing to refuse to accept and post National
Alliance’s advertising. It also seeks declaratory judgment that the
agency’s actions violate the Constitution. Bob Herman is the cooperating attorney.
Legal Documents
Complaint
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