A long war, and a hard-won victory: after a decade-long battle, we have won our free speech lawsuit against Detroit for our ads offering help to people who had left Islam or wanted to leave Islam and were facing threats.
“After Ten Years, Court Strikes Down Ruling Banning Ads Offering Help to Those Leaving Islam,” by Pamela Geller, American Thinker, October 29, 2020:
It took nearly twelve years, but we did it. My organization, the American Freedom Defense Initiative (AFDI), has just won an important victory for the freedom of speech.
Back in 2009, the Detroit area’s SMART transit refused to run our AFDI ads offering help to people who were in fear for their lives for wanting to leave Islam or having left it. After an incredibly protracted court battle, the Sixth Circuit Court of Appeals just stood up for the First Amendment and completely reversed the judgment banning our ads. It’s a total victory for freedom: we won our free speech lawsuit in Detroit by a unanimous decision.
Our ad read: “Leaving Islam? Fatwa on your head? Is your family or community threatening you? Got Questions? Get Answers! RefugefromIslam.com.” That’s all it said. It offered a life-saver for those who were completely and utterly alone with no system of support or help.
Islamic law mandates death for those who leave Islam; even in the United States, those who leave the religion live in fear that a devout Muslim might decide to apply this penalty. So we were offering help. That is all. But as Eugene Volokh explains at The Volokh Conspiracy, “Michigan’s Suburban Mobility Authority for Regional Transportation (SMART) rejected this ad under two of its speech restrictions. The first prohibits ‘political’ ads; the second prohibits ads that would hold up a group of people to ‘scorn or ridicule.'”
Our ad was not political and didn’t scorn or ridicule anyone. It’s ridiculous to say saving lives is a political act, and so of course we won the initial case. The first judge who ruled on this case, Judge Denise Page Hood, understood the law and so ruled in favor of our free speech rights. She understood the First Amendment. Therefore, although she was clearly not sympathetic to us, she had to rule for us.
But then SMART appealed. SMART adamantly refused to run outreach ads that might have helped Muslims living in dangerous households and appealed to the notoriously leftist Sixth Circuit. You might have thought the Muslim Brotherhood was running SMART. It was astounding. And consider the fact that Detroit was bankrupt around this same time. Sharia adherence was still more important to the broken city’s failed leaders than were the freedom of speech and fiscal responsibility.
There is much more. Read the rest here.