Pro-Life Group Says It's Ready To Sue

July 7, 2008 - 7:02 PM

(CNSNews.com) - The New York Metropolitan Transportation Authority and its advertising agency may now be "staring down the barrel of a First Amendment lawsuit" after rejecting an anti-abortion ad that would have run on subway trains and in subway tunnels.

This issue was first reported by CNSNews.com last week, after TDI, Inc., the company in charge of the New York MTA's advertising, turned down the ad depicting an 8-week-old baby in her mother's womb with the message "Please don't do it. She's your baby."

The ad was sponsored by the pro-life organization, American Life League. According to members of the group, they were "orally advised" by TDI executive Jeff Feinstein that the TDI legal department would not approve the ad because of its pro-life content.

After its decision on the ad was criticized, TDI claimed not to have even received the ad, much less rejected it, based on its content. CNSNews, however, obtained a Federal Express shipping invoice confirming that the ad had indeed been delivered to Feinstein.

Now, after alleging that TDI was guilty of "disseminating false information to the media to cover up its illegal decision" to spike the ad, the president of American Life League, Judie Brown, has gone on national television to threaten a lawsuit. "All I know at this point is if we don't get an answer [regarding the ad], we have TDI staring down the barrel of a First Amendment free-speech lawsuit," Brown said Thursday night on the Fox network''s "O'Reilly Factor."

Brown maintains she doesn't really want to sue - she only wants to see the pro-life ad run. And, according to Brown, TDI has now actually "expressed an interest" in accepting the ad. Tom Kelly of the New York MTA confirms that information. "My understanding is that they will resubmit the ad.and it will be accepted," Kelly said.

Kelly believes the conflict was the result of a "miscommunication," and that there was never an attempt to deny the American Life League their right to free speech. But ALL is not backing off completely. "Nothing has been confirmed as of yet, and we have no intention of withdrawing the threat of lawsuit until our ad is accepted," the group said.

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