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US Court of Appeals upholds discriminatory ruling against transit ads critical of Israel

on 17 Comments

In a stunning 2-1 decision the 9th Circuit Court of Appeals upheld a discriminatory 2011 ruling in favor of King County Metro Transit’s refusal to run Seattle Mideast Awareness Campaign (SeaMAC) bus ads “Israeli War Crimes: Your Tax Dollars at Work,” in violation of SeaMAC’s 1st amendment right to free speech. 

I spoke with SeaMAC’s Ed Mast on Friday and asked him what the group’s next move will be. Upbeat as always, even after waiting almost 3 years for the courts decision, he expressed they had not had time to plan their next move yet or talk to the ACLU who represented SeaMAC in the appeal of the 2011 ruling.

I asked Mast if doing nothing was an option. His response was swift and unwavering: “No. Not doing anything is not an option at all.”

The ongoing saga began when King County Metro approved SeaMAC’s ads in 2010 and then abruptly canceled the contract before the ads were displayed. The Metro claimed that threats of vandalism, including the warning that “Jews would take physical action” against the ads, could disrupt transit service. Since then the county metro system has claimed to take a “viewpoint neutral” policy of rejecting all ads relating to Israel/Palestine as part of an effort to ban debate of public issues in bus ads, but it undertook a “quiet policy change” to accommodate ads by Islamophobe Pamela Geller. The court’s decision supports this double standard which has in practice endorsed Geller’s views while censoring SeaMAC’s.

Seattle Mideast Awareness Campaign (SeaMAC) ad on Portland’s TriMet buses with the slogan ISRAEL’S WAR CRIMES: YOUR TAX DOLLARS AT WORK. (graphic: SeaMAC)

Seattle Mideast Awareness Campaign (SeaMAC) ad on Portland’s TriMet buses with the slogan ISRAEL’S WAR CRIMES: YOUR TAX DOLLARS AT WORK. (graphic: SeaMAC)

Mast doesn’t believe SeaMAC has been shown evenhanded treatment by the county:

“We have not been treated fairly by King County, since this case’s inception. King Country Metro has accepted ads by Pam Geller, and turned down another of our ads telling us it was factually incorrect which it is not. One particular ad, “The Palestinian Authority Is Calling for a Jew-Free State” is not a factual claim. We asked them ‘Show us what you have looked at’, and it was propaganda!  They ran it anyway.

We subsequently ran other ads, print ads with a Palestinian face, ‘Not allowed to ride on Israel segregated buses’ and they rejected it — said it was factually untrue and might cause disruption. We showed them Human Rights Watch reports, UN reports, B’tselm reports and they still rejected it. The courts have not treated us fairly either.”

The Los Angeles Times skewered the courts decision saying the “federal appeals court wrongly [has] ratified” the lower courts decision; “The 9th Circuit got this one wrong.” Citing dissenting Federal Judge Morgan Christen:

the majority “suggests the government may open and shut a forum, willy-nilly, in response to public uproar — a particularly dangerous precedent in light of modern technology.” Christen said the 9th Circuit should have sent the case back to the trial court to determine whether safety concerns supported the county’s action.


A transit agency isn’t required by the Constitution to sell advertising to proponents of various causes…But once an agency decides to turn its buses into public forums, the 1st Amendment prevents it from declaring an entire subject off-limits because it wants to avoid controversy. The 9th Circuit got this one wrong.

I asked Mast to address what the Times referenced as a “troubling aspect of the decision — a heckler’s veto” to shadowy protesters.” He responded asking why King County “took all those supposed threats, quotes, as credible but not credible enough to investigate or take any law enforcement action. They are applying their own rules unfairly, randomly, and unequally.  We’ve seen law enforcement take action against a lot less. Currently we have ads running in 3 other cities without disruption.”

Mast concluded, “This is bad for free speech and bad for Palestine. They, the courts, have no business making decisions when there are still factual disputes with King County. They are in the wrong side of history. We think King County has a lot to answer for, the court is letting them off the hook but we’re not.”

Annie Robbins

Annie Robbins is Editor at Large for Mondoweiss, a human rights activist and a ceramic artist. She lives in the SF bay area. Follow her on Twitter @anniefofani

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17 Responses

  1. pabelmont on March 22, 2015, 11:26 am

    Sounds as if threats, or presumed threats, from Zionist toughs, was the key factor. Suppression by the state as a knuckling-under response to suppressive threats by gangs. Apparently the possibility of terrorism by Muslims in response to Pam Geller’s ads never crossed anyone’s minds! Maybe Zionists count worse (or more persuasive) terrorists among them than Muslims do.

    They should ask for a redetermination by 9th Circuit sitting en banc (the whole court rather than 3 judges).

  2. just on March 22, 2015, 11:45 am

    Court sanctioned discrimination and suppression of free speech!

    “His response was swift and unwavering: “No. Not doing anything is not an option at all.””

    Neither should it be an option for anyone else. That the Islamophobe extraordinaire’s lying and hate-speech ads are running without exception in the district is an abomination, of course. Knowledge and truth is power~ obviously they are afraid of a fully informed citizenry… so our efforts must be redoubled and tripled.

    “Mast concluded, “This is bad for free speech and bad for Palestine.””

    It’s also really very bad for Americans. It seems that the government’s grand and long hypocrisy with regard to all things Israel has filtered down to courts across the land.

    Thanks, Annie.

  3. PeaceThroughJustice on March 22, 2015, 1:14 pm

    It was a 2-1 decision from the court. The three judges were–
    Morgan Christen (who opposed banning the ads)
    Paul J. Watford (supported)
    Alex Kozinski (supported)

    According to his Wikipedia entry, that third judge is a rather interesting character. Among other things —

    In 2008, The Los Angeles Times revealed Kozinski “maintained a publicly accessible website featuring sexually explicit photos and videos.”[9] In response, Kozinski called for an ethics investigation of himself.

    But of course judges are there for life.

    • lysias on March 22, 2015, 2:26 pm

      Kozinski is well known for his libertarian views. But it would appear that in this case his Jewishness (he is the son of Holocaust survivors) trumped his libertarianism.

      • PeaceThroughJustice on March 22, 2015, 2:39 pm

        Just one Jewish zionist more or less, in a position of power can make all the difference.

    • CigarGod on March 23, 2015, 8:46 am

      The clerks. The clerks do most of the leg work, research and even the writing. Probably runs deeper than just the judges.

  4. sawah on March 22, 2015, 1:32 pm


    Thank you. Important story.
    Hope the end result: more exposure of the ‘facts on the ground.”

    • annie on March 22, 2015, 2:15 pm

      thanks sawah. yes, more exposure. i mentioned that to ed. but ultimately i’d like more than that as the final result. i’d like a reversal by king co metro and the ads to go up on the buses. and for them to pay punitive damages for breaking the contract. if all it takes is bullying by zionists to get counties to fold then we’re all screwed.

  5. traintosiberia on March 22, 2015, 3:11 pm

    Judges in NY are good to pass ruling against Iraq,Iran,and Palestine and sometimes against Saudi for same crime the .

  6. HarryLaw on March 22, 2015, 7:06 pm

    SeaMAC would do well to emulate the billboard trucks as illustrated in an article by Annie last year..

  7. Citizen on March 23, 2015, 1:05 pm

    Zionists in influential places do not serve America’s higher values and principles of governance. They are a serious and continuing threat to America.

  8. ritzl on March 23, 2015, 7:48 pm

    Thanks Annie. I see now.

    I wonder how King Co. Metro and Geller types so blatantly get away with violating “their own” ruling by allowing one PoV while blocking the opposing view.

    Heck, how does the Court ignore its own ruling, or allow it to be ignored in the middle of a deliberation? Isn’t KCMT blatantly doing what they said, they swore, they would not do, evidence that the whole basis for this decision is non-existent? Or does only testimony given at the outset matter, despite directly contradictory subsequent actions?


  9. Curatica on March 24, 2015, 7:52 am

    Outrageous but not surprising.

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