Advertising – Freedom of Expression

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7^th Circuit Court of Appeals

Case Name: Women’s Health Link, Inc. v. Fort Wayne Public Transportation Corp.

Case No.: 16-1195

Officials: POSNER and SYKES, Circuit Judges, and YANDLE, District Judge.

Focus: Advertising – Freedom of Expression

Summary judgment in favor of respondent that denied appellant ad from being presented was improper.

“But this is an aside. What is important is not what other advertisers are permitted to do but that Citilink’s ad censor‐ ship policy is limited to ad content, and the content of Health Link’s proposed ad lacks the faintest suggestion of a political, religious, or moral aim or agenda. The district judge missed this essential point, stating that Citilink’s “restrictions on non‐commercial, political, religious, and moral speech apply to the advertiser, not to the service providers listed on their websites.” No, the restrictions are limited to the advertisement; and the ban on non‐commercial speech in the bus ads is inapplicable to public service announcements, such as Health Link’s proposed ad.”

Reversed with instruction to enter judgment for appellant

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.