TABLE OF CONTENTS |
I. | Introduction | 129 |
II. | Background Facts and Circumstances | 130 |
III. | Is “Public Forum” Law Applicable to the Distinctive Circumstances of this Case? | 131 |
A. | The State of Public Forum Law in the First Circuit | 131 | |
B. | Inapplicability of Forum Law to this Dispute | 132 | |
IV. | Findings of Fact About the Sequence of Events Leading to Proposals for Advertisements | 134 |
A. | Joseph White's Initial Contacts With Park Transit Displays | 134 | |
B. | Change the Climate is Incorporated and Receives 501(c)(3) Status | 134 | |
C. | Change the Climate Submits Proposed Advertisements | 134 | |
V. | Some Key Characteristics of the Proposed Advertisements | 139 |
A. | In General | 139 | |
B. | Findings that the Proposed Ads Target Minors and Promote Marijuana Use | 143 | |
C. | More on “Mixed Messages” | 145 | |
VI. | Key Findings about MBTA Guidelines | 146 |
A. | MBTA Guidelines Applicable in January of 2000 | 146 | |
B. | Lucy Shorter's Lack of Authority to Apply Guidelines | 152 | |
C. | Insufficiency of Proof Regarding Viewpoint Discrimination by MBTA | 153 | |
D. | More on the Excessive Discretion Given to Advertising Contractor | 153 | |
E. | More on the Interim Guidelines and Defendants' Motion to Dismiss the Lawsuit | 153 | |
F. | Defendants' Motion to Limit the Scope of Judgment | 155 | |
G. | Application of Guidelines to Other Advertisements | 155 | |
H. | More on the Relationship Between the MBTA and the Boston Public Schools | 155 | |
VII. | Some Conclusions of Law | 158 |
A. | Government as Proprietor | 158 | |
B. | Role of Courts in Weighing Competing Claims of Right | 158 | |
C. | Madisonian Principles Require the Court to Consider the Public Interest | 159 | |
D. | Public Interest is Distinct from Political Backdrop | 159 | |
E. | Taking Into Account the Public Interest | 162 | |
F. | Envisioning a Spectrum from Beautiful through Middling to Ugly | 162 | |
G. | A Reasonableness Test for Advertising Guidelines | 163 | |
H. | Guidelines Must be as Concise as is Consistent with Clarity, and Free of Calculated Ambiguity | 164 | |
VIII. | Enforcement of Guidelines and Transactions Beyond Law | 164 |
IX. | Provisional Remedies | 166 |
INTERLOCUTORY ORDER | 166 |
Who casts not up his eye to the sun when it rises? But who takes off his eye from a comet when that breaks out? Who bends not his ear to any bell which upon any occasion rings? But who can remove it from that bell which is passing a piece of himself out of this world? No man is an island, entire of itself; every man is a piece of the continent, a part of the main.
1774 September 5 | First Continental Congress | |
1775 April 19 | Battles of Lexington and Concord | |
1775 May 10 | Second Continental Congress | |
1775 June 17 | Battle of Bunker Hill | |
1776 July 4 | Declaration of Independence | |
1777 November 15 | Congress Agrees to Articles of Confederation | |
1781 March 1 | States Adopt Articles of Confederation | |
1781 October 19 | British Surrender at Yorktown |
1786 Sept. 11–14 | Annapolis Convention (Proposes Constitutional Conv.) | |
1787 February 21 | Congress Calls Constitutional Convention | |
1787 May 25 | Constitutional Convention Meets |
You proved it [your acceptance of dissenting messages] to me in spades when you showed me all that series of lurid, tawdry, I could apply several other adjectives, that forced out the beautiful. Now, I discern a difference between the lurid, tawdry, and sordid and the beautiful. And I think it's going to be very difficult to persuade me that the unvarnished, straightforward truth is always sordid and never beautiful. I believe that both in relation to the human spirit and to the world around us, the beautiful is as likely to be true as the most sordid, tawdry, and lurid. They have equal possibilities of being true. And so it's going to be very hard to persuade me that in the name of a search for truth, I should always let the other things crowd out the beautiful about the human spirit and the world around us.
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