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3d Cir., 2-1, holds that a Pennsylvania county's policy of rejecting religious or atheistic messaging in ads on buses violates the First Amendment.

An atheist group sued after the county rejected an ad with the word "Atheists" and its web address. www2.ca3.uscourts.gov/opinarch/18274…
The maj. op. acknowledges that this decision conflicts with the recent decision out of the DC Cir. holding that WMATA rejecting a Christmas ad from the Archdiocese did not violate the First Amendment.

Given panel split and circuit split:
*pin in this one for further review*
BTW, the same atheist group had complained to the county in the past over "God Bless America" messaging after 9/11, which the county then had removed.

But the group's victory today assures that such messaging can return to buses. Heh.
Dissenting Judge Cowen argues that blanket exclusion of religious (or atheistic) messaging is not viewpoint discrimination.
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