Constitutional Law

Ruling: Ore. transit-ad policy violates free speech

By By The Associated Press

PORTLAND, Ore. — The Oregon Court of Appeals has upheld a lower court ruling that a Portland-area transit agency?s ad acceptance policy violates constitutional free-speech protections.

The Oregonian says TriMet has long maintained that it is acting in a ?proprietary capacity? by establishing standards for the ads that Portland commuters see on its vehicles.

However, Judge Henry Breithaupt ruled in 2008 that because TriMet is a government agency, it was wrong to refuse a bus ad criticizing dams on the Klamath River.

The Court of Appeals upheld that ruling yesterday in Karuk Tribe of California v. TriMet.

Transit agency spokeswoman Mary Fetsch says TriMet has accepted all advertising while it awaited the higher court ruling, drawing about 175 complaints from commuters over several ads.

Now the agency says it will continue to fight for its policy. ?We?re going to the state Supreme Court,? Fetsch said.

Full post as published by First Amendment Center on March 16, 2011 (boomark / email).