N.Y. Federal Appeals Court to Hear Argument in Geller’s Case against MTA

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The fight goes on ….. and on and on. We won’t stop until these sharia restrictions on our First Amendment rights are lifted.

“N.Y. Federal Appeals Court to Hear Argument in Geller’s Case against MTA”

Tomorrow morning, David Yerushalmi, Senior Counsel at the American Freedom Law Center, will present oral argument before the U.S. Court of Appeals for the Second Circuit on behalf of Pamela Geller, Robert Spencer, and their non-profit organization, American Freedom Defense Initiative (AFDI), in their appeal of a federal district court’s ruling that “dissolved” the court’s earlier order requiring the New York City’s Metropolitan Transportation Authority (MTA) to run Geller’s “Hamas Killing Jews” advertisement displayed below.

Judge John G. Koeltl, presiding in the United States District Court for the Southern District of New York in downtown Manhattan, had earlier ruled on April 20, 2015 that the MTA’s refusal to run the ad (the MTA claimed that Muslims in New York might understand the ad to be advocating violence and would therefore incite them to murder Jews as Islamic worship) was unconstitutional. In fact, Judge Koetl ruled that there was no evidence of any threat of violence.

Pamela Geller at MTA Board Meeting speaking against free speech ban

The court stayed (i.e., postponed) the enforcement of its order for 30 days to give the MTA time to appeal or to work out the logistics of running the ad. The MTA did neither. Instead, it convened a public board meeting at which MTA board member Charles Moerdler ranted incoherently about hate speech and Geller’s newly proposed ads designed to expose wealthy Jews who supported boycotting, divesting, and sanctioning Israel—what is referred to as the BDS movement.

Corrupt MTA Board Member Charles Moerdler defaming and libeling voices of freedom.

At the conclusion of the meeting, the board voted to change the MTA ad policy by excluding ads that address “disputed” issues, all in the guise of a “no political ad” prohibition. On the heels of that decision, the MTA filed a motion to “dissolve” the court’s previous order to run the Hamas Killing Jews ad on the grounds that the MTA was no longer applying the “incitement” provision, but rather its new “no political message” provision. The district court granted that motion.

The American Freedom Law Center (AFLC), which represents Geller, Spencer, and AFDI, opposed the motion on numerous grounds, not the least of which was that the MTA’s conduct was and continues to be in bad faith and a transparent effort to silence Geller’s criticism of Islamic terrorism and the media bias against Israel.

After AFLC filed its appeal, a different federal judge from the same district court ruled that the MTA was using the “no political message” prohibition arbitrarily and ordered the MTA to run a pro-Muslim/pro-Islam ad. The judicial hypocrisy was exposed when the judge in that case improperly labelled quite legitimate criticism of Islam and jihad as “Islamophobia,” a term practically invented by the Muslim Brotherhood to place any criticism of Islam’s global violence and misogyny socially and politically off-limits.

Yerushalmi, who will be arguing the case tomorrow morning, explained:
“The outcome of this appeal will determine whether we regard the First Amendment as a serious restraint on government action or whether this fundamental right is conditioned upon, and thus susceptible to, the government’s delay and manipulation of the political system to avoid its proscriptions. Indeed, this appeal is important for all freedom loving Americans because the government—the MTA in this case—should not be permitted to engage in this sort of First Amendment gamesmanship.”

The argument is scheduled for 10:00 a.m. on January 15, 2016, before Chief Judge Katzmann, Circuit Judge Kearse, and District Judge Scholfield, sitting by designation. It will be held in the 17th Floor Courtroom, Room 1703, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. The media and public are welcome to attend.

 

  • Christine Roy

    This is an important First Amendment issue that affects us all. Best of luck to you and your legal team.

  • Gina

    I am Canadian but will be eager to find out the results of your case. Good luck to you and your team!

    • Voytek Gagalka

      Me too. Good luck!

  • Kiki

    A thousand blessings of bacon (fried, baked and sizzzzzzzzzlinnnnnggggg) be upon you Pamela. Your nobility in pursuing these angels of hate and death, GUARANTEES that our U.S. Constitution is here to say and trumps ANY delusion bigot as are those hard core adherers to this 1,400 year death march to us “infidels”

    but wait….there’s more….

    • Luiza

      Pamela is Jewish. Bacon is not a kosher food. If this is sarcasm then nevermind.

      • larry

        Pamela is an American first, what her religious preferences is, is unknown. not every ethnic Jew follows Judaism

    • Mindy Robinson

      G-d, who fears nothing, created Pamela female and gave her bacon so that she can send those who follow the moon god allah screaming in terror as the moon god allah fears women and bacon.

  • nacazo

    pamela, thanks for defending our freedom of speech. The linchpin of all other freedoms. If we lose our freedom of speech, you can argue that we are really no longer free.

    • Luiza

      I’m practically stoned to death for wishing someone a Merry Christmas. There is no such thing as free speech anymore. All we can do is fight further suppression. There is no going back to free speech when every media outlet in the western hemisphere is refusing to report Muslim-related crimes. Or how about 10-15 yrs ago when networks refused to run cartoons that had Allah as a character? Or today, when FB is removing any Muslim-related crimes that start trending in the news section? Yeah, free speech died long ago. We need to fight for the little we have left.

      • nacazo

        I’m sorry to hear that but they cannot legally stop you from wishing someone “merry Christmas”. I’m going to guess you said it to some muslim and he or she got “offended”. You could say sorry this offends you but I’m going to wish you a merry day when some people celebrate Christmas because I’m a person who wishes merriment to others and i get offended if i cannot do it.

      • Mindy Robinson

        Our freedoms can’t be taken, they can only be handed over to those trying to take them. To retain and take back our freedom means we must be willing to sacrifice. I will continue to speak openly about anything I choose to, no matter what. Most importantly , I will keep telling other’s of Jesus Christ, our Lord and Savior, who is G-d. None can stop me except by killing me. As long as I am alive, I will live free.

  • Mahou Shoujo

    Freedom of speech is for everyone, not just the self proclaimed elitists who would appoint themselves censors and guardians of everyones’ opinion.

  • moraywatson

    Good luck in court, and may the Constitution be with you !

  • IzlamIsTyranny

    Good luck Mrs. Geller. I hope you and Mr. Yerushalmi esq. knock ’em dead.

  • EJO

    Sorta; kinda; possibly off topic. But still entertaining.
    ———-

    The Official Donald Trump Jam

    https://www.youtube.com/watch?v=vPRfP_TEQ-g

    • joe1429

      nice!!

  • ermom

    Prayers for your success, and our First Amendment, as we see Sharia being implemented across our nation.

  • It’s spelled: islamafauxbia!

  • scocope

    I’m confused, the Left tells me that groups such as Hamas do not represent Islam but now they claim that exhortations of violence from them will influence Muslims to do bad acts?

  • Fred Sawyer

    Good luck Ms. Geller! It’s time the savages knew their role and shut their mouths. If they don’t like it here they can always relocate to a more tolerant place such as Iran or Syria.

    During the time we had unseasonably warm weather I was outside and I had a T shirt on paying respect to Officers Lieu and Ramos who were murdered in 2014. I’m surprised no perp savage tried to assault me. If looks could kill, I would have been dead.

    Everyone on the left wants to tell us what to wear now. When they all get off welfare and food stamps and pay my bills, then they can tell me what to wear.

  • freebird

    Ms. Geller, prayer´s and best wishes for you.
    This liveless bureaucrat´s will put all feelings and live in a box what they can controll.
    I think they are just corrupt, may be the Musels pay very well.
    Did we ever hear`d about blaming Musel newspaper or Musel-politicians for hateful speech ?

  • SCREW SOCIALISM

    The speaker in the above video with the British accent at the MTA meeting should be working to deceive the public and advance terrorism in the UK. Not in NYC.

  • Hcklbery

    We need citizen action groups to target the employment of these anti-American public servants and to initiate recall elections of elected officials who betray their oaths of office.

  • Lucky

    Ms. Pamela, please bring me with you. It is not safe here anymore. Please.

  • Ron Cole

    My most sincere gratitude to Ms Geller for fighting the good fight.
    You and your warriors are in our prayers.

  • JEANNIEMAC2
  • JEANNIEMAC2
  • joker

    Off topic now but Ms Geller is a stunner.

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