American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 91

MOTION for Entry of Judgment by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Proposed Judgment) (Muise, Robert)

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

AMERICAN FREEDOM
DEFENSE INITIATIVE; et al.,

No. 2:10-cv-12134-DPH-EAS

Plaintiffs,

Hon. Denise Page Hood

v.

JUDGMENT

SUBURBAN MOBILITY
AUTHORITY for REGIONAL
TRANSPORTATION (“SMART”),
et al.,
Defendants.

This action comes before the Court on remand from the U.S. Court of Appeals
for the Sixth Circuit, which rendered its opinion in American Freedom Defense
Initiative v. Suburban Mobility Authority, 978 F.3d 481 (6th Cir. 2020).
Based on the opinion of the Sixth Circuit,
IT IS ORDERED AND ADJUDGED that this Court’s order granting
summary judgment to Defendants and denying summary judgment to Plaintiffs (Doc
No. 83) is REVERSED and judgment is hereby entered in Plaintiffs’ favor on their
First Amendment claims.
Accordingly, the Court hereby declares that, pursuant to the opinion of the
Sixth Circuit, Defendants violated Plaintiffs’ right to freedom of speech protected
by the First Amendment. The Court further declares, consistent with the Sixth
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Circuit opinion, that SMART’s Advertising Guidelines restricting “political”
advertisements and advertisements “likely to hold up to scorn or ridicule any person
or group of persons” violate the Free Speech Clause of the First Amendment and are
hereby enjoined.
IT IS FURTHER ORDERED AND ADJUDGED that in addition to
declaratory and injunctive relief, Plaintiffs are entitled to nominal damages in the
amount of $3.00 and an award of reasonable attorneys’ fees and costs in the amount
of $207,500.00.
So Ordered.

Dated: ____________

_______________________________
Hon. Denise Page Hood
United States District Judge

CERTIFICATE OF SERVICE
Copies of this Judgment were served on the attorneys of record by electronic
means or U.S. Mail on January ____, 2021.
__________________________
Case Manager

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