The gold standard of excellence for more than 80 years, The United States Law Week® is the most authoritative way to keep up with important cases and other legal developments nationwide, in all...
The Department of Justice weighed in on a free speech case involving religious ads on Washington buses Jan. 16.
It filed a friend-of-court brief on behalf of the Archdiocese of Washington with the U.S. Court of Appeals for the D.C. Circuit, becoming the sixth party to weigh in on behalf of the archdiocese.
The archdiocese is challenging the Washington regional public transportation authority’s policy allowing ads for secular holiday activities but not religious ones.
The DOJ announced the brief’s filing in a Religious Freedom Day proclamation Jan. 16. It also said it would file a brief later in the week with the Supreme Court of Montana in support of parents claiming that Montana unconstitutionally discriminated against their children by barring them from a private school scholarship program because they attend a religious school.
The department has taken it upon itself to intervene in several free speech cases. In September, it announced it would take an active role in defending free speech and filed a statement of interest in a case alleging a college’s free speech zone policy violates the First Amendment’s free speech and free exercise of religion clauses.
It issued a statement of interest in another campus free speech case in October.
Here, Washington’s transportation authority engaged in unconstitutional viewpoint discrimination when it didn’t allow the archdiocese to place a religious-themed ad in city buses, the DOJ’s brief says.
If “Amazon or Macy’s had wanted to run an advertisement with the exact same text and graphics,” there’s “no question” that the transportation authority “would have readily accepted the advertisement,” the Archdiocese says.
The court ruled in December that Washington’s regional public transportation authority can continue to enforce the policy while the case is pending.
Paul D. Clement of Kirkland & Ellis LLP represents the archdiocese.
Donald B. Verrilli Jr. of Munger, Tolles & Olson LLP, as well as Akin Gump Strauss Hauer & Feld LLP, and Washington Metropolitan Area Transit Authority represent the transportation authority.
To contact the reporter on this story: Melissa Heelan Stanzione in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)