6th Circuit: Transit System Can Refuse Anti-Muslim Ad

In American Freedom Defense Initiative v. Suburban Mobility Authority for Regional Transportation (SMART), (6th Cir., Oct. 25, 2012), the U.S. 6th Circuit Court of Appeals held that a public transit system could refuse an ad that read: "Fatwa on your head?  Is your family or community threatening you?  Leaving Islam?  Got Questions?  Get Answers! RefugefromIslam.com."  Holding that the district court should not have granted a preliminary injunction, the 6th Circuit said:

Since the advertising space on SMART’s vehicles is a nonpublic forum, the content restrictions imposed on that space are constitutional as long as they are reasonable and viewpoint neutral.....  SMART could reasonably view the fatwa advertisement as falling within the prohibition against political advertisements, and AFDI is unlikely to succeed with its counterarguments that these rules are unconstitutional or merely a pretext for SMART’s disagreement with AFDI’s viewpoint.

The Wall Street Journal reports on the decision. [Thanks to Alliance Alert for the lead.]