Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: THURSDAY, December 30, 1993 TAG: 9312300263 SECTION: NATL/INTL PAGE: A-4 EDITION: METRO SOURCE: DATELINE: BOSTON LENGTH: Short
U.S. District Judge Rya Zobel said advertising space on subways and trolleys met the definition of a public forum and that the authority violated the First Amendment when it turned down the ads.
The six ads by the AIDS Action Committee of Massachusetts picture a brightly colored, wrapped condom against a white background.
The Massachusetts Bay Transportation Authority rejected or wanted changes in five of them. One that read, "You've got to be putting me on," was accepted.
The authority said the ads contained "indecent sexual images" and were vulgar. They also said subway riders are a captive audience that includes children who should not have to read about sexual conduct.
Massachusetts Public Health Commissioner David Mulligan said the ads were effective and performed a public service. - Associated Press
by CNB