HUGE FREE SPEECH VICTORY: WE WON IN DETROIT! AFDI Protects the First Amendment and Wins big against SMART

Freedom buses will run in Detroit!

We won in our free speech lawsuit against Detroit. Huge props to our stealth legal team David Yerushalmi and Robert Muise. 

Prideful plaintiff here. Legal warriors nonpareil.

This is a huge win, not just for us, but for the First Amendment. Geller Vs. Detroit

While there are technical aspects of First Amendment law in the opinion that my lawyers question, the result was correct and the judge recognized, as highlighted in the court’s opinion, that SMART hung itself during cross examination. This is a huge win, not just for AFDI but for the First Amendment, and a defeat for all those who claim that I am a hater because I am willing to talk about what is wrong in Islam, including, as in this case, honor killings and fatwas for apostasy.

Perhaps the opposition will better understand the nature of my work. This is a direct refutation to all those who claim I am a hater or that my lawyers are "haters" for representing me. I love, not hate, and I fight for love, art, music and freedom!

And, huge kudos to Judge Denise Hood, who protected free speech and did not take any swipes at my message, which she could have (like saying, “while we might despise AFDI’s message, we must protect it…”). She did not do that. Good for her.  It took awhile, but the wheels of justice ........

I am thrilled, not just for the protection of free speech, but for those living in danger who will be helped by our freedom buses.

Next stop San Francisco ........

Special mention and warm thanks to Big Fur Hat, who executes my art, ads, etc., with his particular brilliance.

Want to read the court order? Go here: Download Court Order granting Prel Injunction

 Defendants argue that their policy is viewpoint neutral. However, there is nothing in the policy that can guide a government official to distinguish between permissible and impermissible advertisements in a non-arbitrary fashion. Defendant Beth Gibbons testified that there were no other written guidelines or manuals available, aside from the guidelines found in the contract between SMART and CBS. She further testified that, while the atheist advertisement was purely religious, rather than political, there was no manual or language that set forth what distinguished a political advertisement from a religious advertisement. Under Sixth Circuit law, “[t]he absence of clear standards guiding the discretion of the public official vested with the authority to enforce the enactment invites abuse by enabling the official to administer the policy on the basis of impermissible factors.” United Food & Commercial Workers Union, Local 1099, et al. v. Southwest Ohio Reg’l. Transit Auth., 163 F.3d 341, 359). “[T]he limits the [government] claims are implicit in its law [must] be made explicit by textual incorporation, binding judicial or administrative construction, or well-established practice.” Id. (internal citations omitted).

UPDATE: Volokh weighs in here.

Comments

[Rob]

Chalk another one up for the good guys!
Well done Pamela and your legal team. You are all such an inspiration.

[Brandy]

Woo-Hoo! If I had some champagne I'd pop it open right now!!

Great win Pamela! Thank you to your legal team!! How wonderful are they?! And thanks to a judge who saw the 1st Amendment for what it is!!

Great victory!! One step at a time!

[juniper]

God bless you all! The wonderful work you do echoes around the world and helps us all!

[Polymath]

I can't believe it! How extraordinary! Hood was almost a guaranteed loss. I would have bet on it. She must have had a bad experience with a Muslim, or gone to Dearborn for dinner, and treated like so many females are at these restaurants.Do you have any idea what influenced her? I doubt if she can read the law let alone understand it. I wonder, who her clerk is. Any information? I'll read the opinion, now, but I had to comment because of my total shock! She is so ' limited.' Miracles happen.

[Jamadagnii]

Big win! Here's to you and what you do. Muslims secretly are grateful, for what you are doing they can not do for themselves.

Lindsey in Alaska -- take note!

[john jay]

pamela:

wonderful!!

congratulations!!

truth will prevail, as long as it has brave and stalwart advocates.

john jay

p.s. and, d. yerushalmi and r. muise, esq.'s, on your side doesn't hurt, either.

[Charles Martel]

The system works! Congratulations and keep the great work!

Let’s hope that the American people will be on the side of common sense regardless of their political leanings.

Many people may be in utter disbelief as to what's happening in their country, but they are coming to the right conclusion: keep Sharia and any other sign of totalitarian regimes out of our land, our home, my home.

I don’t know if this is the right place, but I’d like to make a point once more. It has to do with the magnitude of the challenge the Western World is facing, and the importance to stay focused and united on this issue.

Geert Wilders’ piece of March 30th makes evident the fact that the waves of the Islamic tsunami measure tens of meters, and that their path through the invaded countries have devastating effects on their social fabrics and on their destiny.

But fortunately for us, his last paragraph holds what I believe is the key to the successful defeat of an enemy that hides behind the very principles he wants to destroy: freedom of speech, freedom of religion, and the very right to self-determination.

Because even though Islam may have a religious component, it is actually the socio-political frame that encompasses the Umma. And since it hides under the pretense of being a religion, democratic and free societies like the US and Europe find it is repulsive and against their principles to curtail any aspect of their activities.

Here is the key: “… Party politics should not be at play in this matter….”

The crisis we are facing goes way beyond partisanship and petty politics. Whatever was game in November 2008, or even six months ago, is not longer there. We have to leave behind any antics that may portray conservatives as troglodytes and extreme nuts.

Pamela, your blog is read not only by conservatives, but by people throughout the entire political spectrum. It’s one of the few sites where you can get information unavailable anywhere else. Let’s concentrate on the facts that Jihad is throwing at us daily. If the extreme left is supporting the efforts of those trying to destroy our way of life, let them be. They will fall by themselves, and will be pushed aside by those who can think by themselves. Not all liberals are Lerners, as not all conservatives are McVeighs. There are millions in between. And common sense and an IQ above 90 should insure the ability to see through the deceit behind the claims of peaceful collaboration and religion of peace.

Quoting Geert Wilders, “Party politics should not be at play in this matter.”

[Grimcargo]

I thought I heard heads exploding.Way to go Pamela. Let them all beware...

[Zilla]

Congratulations, Team Geller & well done! Thank you for the brave and tireless work you do for freedom loving people everywhere.

[delphiniums]

Excelsior!!!!

[livingengine]

"Next stop San Francisco ........"

I live near San Francisco. Is there anything I can do to help?

[Westward Ho]

This bus sign campaign should now become a permanent fixture in Detroit and elsewhere. Everyone should get used to seeing this important message as something that should always be present. Resources for the poor benighted person trapped in the oppressive situation unique to Islam should be readily available in every free society! And they should trumpet exactly where to go, whom to call, etc. Thank you for being on the leading edge of making that the case in the modern and future West, Pamela.

[JewLover]

Congratulations and great job Ms. Geller. Yes JJ, legal eagles can never hurt.

I'm probably mistaken, but I see the issue as not only free speech, but PAID speech. They weren't even allowing a message to be paid for.

I know you have your hands full Ms. Geller as one the world's leaders in the human rights movement, but if it were possible to have someone tweak the design, that would be ideal. As is, the typography, color combos on ads, can even be made better.

Light colored text (white/gold/etc.) on a dark background can wash out in daylight. That is, sun, or even at night, lights, can make the text almost illegible. A rule of thumb for printed materials is the most important thing is legibility. Particularly with regards to moving objects, or stationary objects with moving readers (billboards), message should be designed for quick processing.

Congratulations again Ma'am - great job.

[Brian H]

½ OT, here's Israel's most hi-profile contribution to art and joy in Haiti:
http://hro001.wordpress.com/2011/03/30/the-spirit-of-israel/

[JewLover]

Bus Ad Possibilities;
Currently (per Net Search - may be outdated) we have: RefugeFromIslam.com
Possibly Change to Following to make easier to read while bus is moving, or cars are moving: Refuge From Islam Com
White Space Between Words can make it quicker/easier to remember.
Will work on some other things.
Good luck Ms. Geller, Good luck Mr. Spencer.

Side by side comparisons: RefugeFromIslam.Com Refuge From Islam Com

/BTW - side-by-side comparisons are great to see relative strengths and weaknesses for typography and design.

[JewLover]

Sorry, the extra white space I added between words automatically adjusted to consistent one space.

You can add more white space between words to make easier to read, underscores inserted below to prevent adjustment.

Refuge___From____Islam____Com

Use without underscores of course.

[CMax]

Let me know when the ads are to appear in Cleveland! Yo ho, yo ho a lawyer's life for me. Somehow, I think you'd get more support here than in Dearborn.

[CMax]

I don't know any non-Muslim who hasn't had a bad experience with a Muslim. I've had good experiences as well -- so long as I avoid certain topics. Don't bet on the Sixth Circuit Court of Appeals being "limited" at all. The chief judge, Karen Nelson Moore, was my civil procedure professor in the 1980s and she's brilliant. More than a match for CAIR and its ilk.

[Polymath]

CMax,
I can tell you, in all Truth, I have known some very fine individuals who are Muslim by birth. One is a woman, born in Turkey who was as assimilated as possible her entire life.In fact, she has been to a mosque twice in her life. She's a wonderful person as is her husband.Both emigrated here at least twenty-five years ago.
Another was a young man, whom I knew at one time, but in all that time, I never knew he was observant. He practiced on his own time, quietly, but was acculturated into US life, totally.
Otherwise, to associate with Iraqi Chaldeans is my limit, now. The Muslims in Dearborn, and there are numerous nationalities, there, are not pleasant, and are especially, obnoxious to women in my experience. However, the Chaldeans, also, have very fine,sincere, and hardworking ethics in the tradition of those immigrants of past decades, managing to balance their cultural traditions and living as Americans. They understand how precious our Freedoms are.
I am very glad to know there are judges on the Sixth Circuit Court of Appeals who are intelligent. Let's see what happens. There are a few very dyed in the wool Liberals, who forgot how to think on that Court a long time hence.

[Polymath]

 In reply to CMAX.

[Alice]

Slainte! Fabulous work!

[jus screamin']

BIG TIME CONGRATULATIONS !!!

Drinks ALL around

G-D BLESS YOU ALL FOR THE HARD WORK !!!

[Jim Baxter]

Dear Pamela,

I don't know anyone who is jealous of muslims.

That is the reason we reject their claim of hatred.

Yes, we reject their ego-hngry claims of self-virtue. That is because it is a man-made opinion of religion and politics, including, a missing paradigm definition of human nature; earth's Choicemaker. selah

No one is smarter than their criteria. Mo had none. They have none.

Jealous hatred, no. Rejection, yes.

[Joe C]

Good job Pamela.
Fight the good fight!

[Carol Eberwein]

Hashem made you one of the "choosen people"to lead and show,by example,
ALL THAT IS GOOD.

[Moonknight]

It just amazes me that ridiculous extremist feel the need to press their own beliefs to the public and that people actually back them up. Well done, keep taking down America one notch at a time.

Understanding and compassion? NOPE. We're Americans, we're all about believing what I say or we'll take you to court and force you to do what I say.

God bless this country. Or Allah bless it. Or Yahweh bless it. Or Shiva bless it.

Thank you amendment number 1 :)