On February 13th, 2014, Seattle's King County Metropolitan Council voted against allowing the city's Metro Transit system to run ads for Larry Flynt's "Hustler" magazine. The vote was unanimous; six council members supported the ban, while one abstained. According to Seattle Times reporter Lynn Thompson, the councilors argued that "the images contained within the advertisement violated community standards". In response, Hustler CEO Flynt issued an angry statement on Twitter calling the decision "censorship". He accused Seattle of trying to "shut down free speech", saying that "adult entertainment is legal".
The proposed ad campaign would have been a series of posters promoting Hustler's magazine and its online presence. It featured suggestive images of women in lingerie and provocative poses, accompanied by text encouraging readers to visit the website. One poster included an image of a woman in a revealing outfit, holding a book and smiling at the camera. Another showed a woman wearing a bikini top, lying on her back in a suggestive position. Both were taken from recent issues of Hustler.
Metro Transit has policies prohibiting sexually explicit or lewd material on its buses and stations. These rules are intended to ensure public safety and comfort, as well as avoid offending customers who may not want to be exposed to such content. However, these guidelines do not always align with First Amendment rights to freedom of expression. The ACLU noted that courts have upheld the right to display controversial ads even when they violate community standards, if they meet other criteria. For example, in 2013, Metro Transit rejected anti-gay marriage ads submitted by the National Organization for Marriage. This led to lawsuits which eventually failed.
The Seattle council members cited the lack of support for adult advertising among their constituents as one reason for rejecting the Hustler proposal. They also mentioned the potential for negative reactions from children who might see the posters while riding the bus or waiting at the station. Councilor Larry Gossett told Thompson that he had received "a lot of emails" about the issue. He said that the decision was "based on what I thought my constituents would say".
Flynt reacted strongly to the news, calling it "an attack on free speech" and accusing Metro of "censorship". In a statement released through his attorney, Flynt accused Seattle authorities of trying to shut down his magazine's business. He stated that "Hustler is a legal publication enjoyed by millions of adults", adding that "this decision violates our constitutional rights." Flynt also alleged that Metro Transit had been influenced by religious groups opposed to pornography.
Metro responded by saying that its policies are designed to protect customers, not ban content. "We don't take sides," spokesperson Scott Thomson told Thompson. "Our job is to run an effective transit system." However, he admitted that there were likely some employees within the agency who disagreed with the decision.
This incident highlights the difficult balance between public safety, First Amendment rights, and community standards. It remains to be seen whether Hustler will pursue legal action against Seattle or try again in the future. Either way, it shows how complex the debate over freedom of expression can be in public spaces like transportation systems.