In American Freedom Defense Initiative v. Metropolitan Transit Authority, (2d Cir., March 3, 2016), the U.S. 2nd Circuit Court of Appeals upheld the dismissal on mootness grounds of a suit against the New York Metropolitan Transit Authority challenging the MTA's refusal to accept an anti-Islamic ad that a pro-Israel group wished to run on the back of MTA buses. The ad which portrayed a menacing‐looking man with his face mostly covered by a head scarf included the quote: "Killing Jews is Worship that draws us close to Allah." Then beneath the quote, the ad stated: "That’s His Jihad. What’s yours?" While the case was pending, the MTA changed its property from a designated public forum
to a limited public forum and barred any ad that is "political in nature." (See prior related posting.) New York Post reports on the decision.
