The New York City subway system is the world’s largest. Beyond being a transportation marvel, however, it is a vibrant free-speech market in which millions of people every day are treated to a dizzying array of human expression. For those of us who ride the train regularly, not only do we see every imaginable commercial advertisement, but we also experience music, proselytizing, poetry, artwork, and advocacy ads.
As with so much of New York City, this wildly divergent speech coexists in a largely harmonious fashion. But every now and then a dispute erupts that reminds us how fragile this marketplace can be. Just last week, the Metropolitan Transportation Authority was poised to ban all advocacy ads in response to litigation brought in the Southern District of New York over the MTA’s rejection of an ad that characterized Muslims as savages. Coming on the heels of the attack on American embassies and consulates in the Mideast and the murder of the American ambassador to Libya because of a crude anti-Muslim video, the MTA’s consideration of a complete ban on advocacy ads was a true test of our city’s commitment to free speech.
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