PHILADELPHIA - A Pennsylvania federal court has upheld the Southeastern Pennsylvania Transportation Authority's (SEPTA) advertisement policy.
U.S. District Court for the Eastern District of Pennsylvania Judge Michael Baylson ruled last month that SEPTA's policy is constitutional.
The case involved The Center for Investigative Reporting (CIR), a California-based nonprofit investigative journalism organization. According to CIR, its mission is to procure "advances in social justice, solutions to pressing problems, and greater accountability in both the public and private sectors all rely on the availability of credible information."
According to court papers, CIR published results from a yearlong investigation into disparate lending trends throughout the country. The results of this investigation showed that in 61 metropolitan areas, applicants of color were more likely to be denied conventional home purchase mortgages.
CIR used the information from this investigation to create a 10-panel comic strip entitled "A Stacked Deck."
In January, CIR contacted the managing company for SEPTA regarding advertising space. The company wanted to display a comic on the interior of SEPTA buses. The proposed advertisement, however, was rejected by SEPTA as it presented concern over the company's 2015 Advertising Standards.
According to the decision, SEPTA informed CIR that "[t]he proposed ad is an issue ad and cannot be accepted. Disparate lending is a matter of public debate and litigation."
After revising the proposed advertisements, SEPTA again rejected them, claiming the ads were "barred by the same advertising standards as the first."
CIR sued SEPTA in May, alleging its First and Fourteenth amendments had been violated by SEPTA.
"SEPTA's policy, as to be amended, effectively permitting advertisements that are commercial or that promote public services, but rejecting ads on political, economic, historical, religious, or social issues, is constitutional," Baylson wrote.