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AZ COA strikes down ruling in favor of Phoenix banning Guns save lives ads!

FreeInAZ

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UPDATE - the AZ COA has ruled that the city of Phoenix did violate Mr. Korwins' free speech rights and reversed the lower courts ruling. This means that the "Guns save lives" sign can be used at bus stops and other city controlled ad spaces. ;)

From footnote 9 of the courts ruling - 9 "As we find Appellant’s First Amendment rights were violated, and reverse on that ground, we need not reach Appellant’s due process or equal protection arguments. "

Edit - add link to court ruling PDF.

http://azcourts.gov/Portals/0/OpinionFiles/Div1/2014/CV 12-0878.pdf
 
Last edited:

davidmcbeth

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UPDATE - the AZ COA has ruled that the city of Phoenix did violate Mr. Korwins' free speech rights and reversed the lower courts ruling. This means that the "Guns save lives" sign can be used at bus stops and other city controlled ad spaces. ;)

From footnote 9 of the courts ruling - 9 "As we find Appellant’s First Amendment rights were violated, and reverse on that ground, we need not reach Appellant’s due process or equal protection arguments. "

Edit - add link to court ruling PDF.

http://azcourts.gov/Portals/0/OpinionFiles/Div1/2014/CV 12-0878.pdf
Except that is not why the court reversed ... free speech? He complied with the ad requirements was the decision by the court and as long as he "adequately displayed" an ad, the other speech issues were irrelevant. And the court ruled that the other speech, sans the ad wording, could not be used as a reason not to display the ad.

It does not mean that you can have an ad that just says "guns save lives" and demand that they accept the posting. You can have the wording in your ad but you must still show an actual ad for product or services in the ad.

This one got lucky because they changed the law .... if the law was not changed, he'd be on the losing side.

They asked for the ad to be accepted in 2010 .. the law was changed in 2011. So he got to argue 2011 law as well as 2010.
 

Rusty Young Man

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Local News in Pima County ignored this event... other than KQTH radio. Good news!
That's because it doesn't fit in with their agenda.

Also, nice to have you grace us with your presence after a 7-month hiatus.:)


Someone brought up the possibility of a billboard war with Bloomie's groups.
 

Sonora Rebel

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That's because it doesn't fit in with their agenda.

Also, nice to have you grace us with your presence after a 7-month hiatus.:)


Someone brought up the possibility of a billboard war with Bloomie's groups.
Nothing much worth commenting on. Circular arguments 'n pissin' contests bore me. So does lack of common sense. Pima is pinko in Tucson ... not so much elsewhere. U of A influence is hard to ignore. I tend to avoid Tuscon as much as is practical.
 
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