Sign of the the Times (Square)
Oh good grief, not again…
A proposed anti-war billboard set to be displayed in Times Square is stirring up a lawsuit.
The proposed ad shows a bomb and reads, “Democracy Is Best Taught by Example, Not by War.” It was scheduled to appear on the Marriott Marquis Hotel from August 2nd through Election Day in November.
However, the company that owns the ad space, Clear Channel, has decided not to allow the billboard to be posted. Clear Channel says the design was rejected because of the bomb image.
Project Billboard, the group that created the ad, says Clear Channel asked billboard designers not only to change the picture, but to change the text as well.
On Monday, Project Billboard announced it has filed a lawsuit against Clear Channel for the company’s refusal to post the billboard.
NY1 has reached out to Clear Channel for comment, and have not yet heard back.
Detailed NYT article here.
How often do we need to rehash this? Okay, pay attention, class, repeat after me: THERE IS NO SUCH THING AS “PRIVATE CENSORSHIP”! Clear Channel is incapable of “censoring” anything (or anyone)! It’s their billboard, they can can agree or refuse to accept whatever advertising they want. If you don’t like it, then buy your own billboard.
It appears that the spurned plaintiffs (n.B., I was unable to find a link to their organization) are framing the action as a breach of contract claim. Fair enough, though a first-year law school student could tell you that they almost certainly cannot seek specific performance as a remedy. Still, don’t be surprised if they try to weave some sort of First Amendment claim into the complaint (perhaps some form of loosey-goosey “public forum” argument).
Stay tuned…
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