June 04, 2008

Karuk Tribe wins ad case

Judge Rules Against TriMet in Free Speech CaseJudge Henry C. Breithaupt ruled Monday that TriMet’s refusal of a “political” advertisement was unconstitutional, on both state and federal grounds. The ACLU of Oregon’s victory on behalf on the Karuk Tribe of California and the Friends of the River Foundation makes clear that TriMet cannot violate free speech protections as it picks and chooses what ads to accept or deny.

Judge Breithaupt ruled that TriMet does not have to make its buses available for advertisements, but that if it does “it places itself in the same position as a government … (and) may not … violate the Oregon Constitution.” TriMet’s decision to deny an ad, the judge ruled, may not be based on the content of that ad.

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