April 23, 2015 -- Professor Eugene Volokh commented on the constitutional grounds for a United States District Court decision not to ban a controversial ad on an New York City bus. His comments appear in a Christian Science Monitor article.
“The city has no policy that says no political speech, or no speech that demeans a particular group," says Eugene Volokh, professor of First Amendment law at UCLA’s School of Law. "The policy they have is that it cannot incite imminent violence. There is a First Amendment exception for speech that is intended to incite imminent violence. That was the argument the MTA used, and the court said no ‘there is no basis for thinking that. This is highly speculative and implausible.’ The city also argued that there was a risk of vandalizing or attacking the buses, but the court said there is no real evidence. That is something most courts would agree on. The decision is within the mainstream.”
Read the article