cannabisnews.com: MBTA Takes a Hit in Court on Marijuana Ads Case MBTA Takes a Hit in Court on Marijuana Ads Case Posted by CN Staff on December 01, 2004 at 08:27:00 PT By Casey Ross Source: Boston Herald The MBTA violated the free speech rights of a group that wants to legalize marijuana by refusing to display its advertisements throughout the transit system, a federal appeals court has ruled. In a decision that came after the T waged an $800,000 court battle, the 1st Circuit Court of Appeals found officials improperly rejected the ads because they disapproved of their message. ``As a taxpayer I would be outraged by . . . what they spent on a losing case,'' said Joe White, executive director of Change the Climate, the group that wanted to run the ads. T officials argued yesterday that the money was well spent because the agency prevailed in key portions of the ruling that upheld the agency's policies for reviewing and rejecting some advertisements. ``It's expensive . . . but we are preserving our right to control advertisements on the MBTA system in a way that's respectful to the people who use that system,'' MBTA General Manager Michael Mulhern said yesterday. The court ruling, while slapping the T for its refusal to run the Change the Climate ads, said the agency properly rejected ads from other groups deemed offensive to Christians. In the case of Change the Climate, which wanted to run a series of three advertisements, the court found the T's refusal was unreasonable and amounted to ``viewpoint discrimination.'' ``This suspicion of viewpoint discrimination is deepened by the fact that the MBTA has run a number of ads promoting alcohol that are clearly more appealing to juveniles than the ads here,'' the court said. Source: Boston Herald (MA)Author: Casey RossPublished: Wednesday, December 1, 2004Copyright: 2004 The Boston Herald, Inc.Website: http://www.bostonherald.com/Contact: letterstoeditor bostonherald.comRelated Articles & Web Site:Change The Climatehttp://www.changetheclimate.org/Court Says T Can't Bar Ad by Pro-MJ Grouphttp://cannabisnews.com/news/thread19931.shtmlCourt Rules Against Ban on Pot Group's Ad http://cannabisnews.com/news/thread19927.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by ekim on December 01, 2004 at 13:18:39 PT interesting very interesting >> For immediate release >> Nov. 30, 2004 >> >> CBS, NBC refuse to air church's television advertisement >> >> United Church of Christ ad highlighting Jesus' extravagant welcome >> called >> 'too controversial' >> >> CLEVELAND -- The CBS and NBC television networks are refusing to run a >> 30-second television ad from the United Church of Christ because its >> all-inclusive welcome has been deemed "too controversial." >> >> The ad, part of the denomination's new, broad identity campaign set to >> begin airing nationwide on Dec. 1, states that -- like Jesus -- the >> United >> Church of Christ (UCC) seeks to welcome all people, regardless of >> ability, >> age, race, economic circumstance or sexual orientation. >> >> According to a written explanation from CBS, the United Church of >> Christ is >> being denied network access because its ad implies acceptance of gay >> and >> lesbian couples -- among other minority constituencies -- and is, >> therefore, too "controversial." >> >> "Because this commercial touches on the exclusion of gay couples and >> other >> minority groups by other individuals and organizations," reads an >> explanation from CBS, "and the fact the Executive Branch has recently >> proposed a Constitutional Amendment to define marriage as a union >> between a >> man and a woman, this spot is unacceptable for broadcast on the [CBS >> and >> UPN] networks." >> >> Similarly, a rejection by NBC declared the spot "too controversial." >> >> "It's ironic that after a ! political season awash in commercials based >> on >> fear and deception by both parties seen on all the major networks, an >> ad >> with a message of welcome and inclusion would be deemed too >> controversial," >> says the Rev. John H. Thomas, the UCC's general minister and president. >> "What's going on here?" >> >> Negotiations between network officials and the church's representatives >> broke down today (Nov. 30), the day before the ad campaign begins >> airing >> nationwide on a combination of broadcast and cable networks. The ad has >> been accepted and will air on a number of networks, including ABC >> Family, >> AMC, BET, Discovery, Fox, Hallmark, History, Nick Nite, TBS, TNT, >> Travel >> and TV Land, among others. >> >> The debut 30-second commercial features two muscle-bound "bouncers" >> s! tanding guard outside a symbolic, picturesque church and selecting >> which >> persons are permitted to attend Sunday services. Written text >> interrupts >> the scene, announcing, "Jesus didn't turn people away. Neither do we." >> A >> narrator then proclaims the United Church of Christ's commitment to >> Jesus' >> extravagant welcome: "No matter who you are, or where you are on life's >> journey, you are welcome here." (The ad can be viewed online at >> .) >> >> In focus groups and test market research conducted before the >> campaign's >> national rollout, the UCC found that many people throughout the country >> feel alienated by churches. The television ad is geared toward those >> persons who, for whatever reason, have not felt welcomed or >> comfortable in >> a church. >> >! > "We find it disturbing that the networks in question seem to have no >> problem exploiting gay persons through mindless comedies or titillating >> dramas, but when it comes to a church's loving welcome of committed gay >> couples, that's where they draw the line," says the Rev. Robert Chase, >> director of the UCC's communication ministry. >> >> CBS and NBC's refusal to air the ad "recalls the censorship of the >> 1950s >> and 1960s, when television station WLBT in Jackson, Miss., refused to >> show >> people of color on TV," says Ron Buford, coordinator for the United >> Church >> of Christ identity campaign. Buford, of African-American heritage, >> says, >> "In the 1960s, the issue was the mixing of the races. Today, the issue >> appears to be sexual orientation. In both cases, it's about exclusion." >> >> In 1959, the Re! v. Everett C. Parker organized United Church of Christ >> members to monitor the racist practices of WLBT. Like many southern >> television stations at the time, WLBT had imposed a news blackout on >> the >> growing civil rights movement, pulling the plug on then-attorney >> Thurgood >> Marshall. The Rev. Martin Luther King Jr. implored the UCC to get >> involved >> in the media civil rights issues. Parker, founding director of the >> Office >> of Communication of the United Church of Christ, organized churches >> and won >> in federal court a ruling that the airwaves are public, not private >> property. That decision ultimately led to an increase in the number of >> persons of color in television studios and newsrooms. The suit clearly >> established that television and radio stations, as keepers of the >> public >> air! waves, must broadcast in the public interest. >> >> "The consolidation of TV network ownership into the hands of a few >> executives today puts freedom of speech and freedom of religious >> expression >> in jeopardy," says former FCC Commissioner Gloria Tristani, currently >> managing director of the UCC's Office of Communication. "By refusing >> to air >> the United Church of Christ's paid commercial, CBS and NBC are stifling >> religious expression. They are denying the communities they serve a >> suitable access to differing ideas and expressions." >> >> Adds Andrew Schwartzman, president and CEO of the not-for-profit Media >> Access Project in Washington, D.C., "This is an abuse of the >> broadcasters' >> duty to inform their viewers on issues of importance to the community. >> After all, these stations don't mind carrying shocking, >> attention-getting >> programming, because they do that every night." >> >> The United Church of Christ's national offices -- located in Cleveland >> -- >> speak to, but not for, its nearly 6,000 congregations and 1.3 million >> members. In the spirit of the denomination's rich tradition, UCC >> congregations remain autonomous, but also strongly in covenant with >> each >> other and with the denomination's regional and national bodies. >> >> # # # >> >> >> >> >> > Susan Horowitz > Editor-In-Chief > Between The Lines Newspaper > www.pridesource.com http://www.leap.cc/events [ Post Comment ] Post Comment