· 1/23/1991
Luther M. Ragin, Jr., Deborah Fish Ragin, Renaye B. Cuyler, Jerome F. Cuyler and Open Housing Center, Inc. v. The New York Times Company
Citations
- 923 F.2d 995
- 18 Media L. Rep. (BNA) 1666
- 1991 U.S. App. LEXIS 1017
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that proof of an advertiser’s intent may be relevant to determining the message conveyed
- holding that publication of ads violating FHA is not protected commercial speech
- noting that “we read the word ‘preference’ to describe any ad that would discourage an ordinary reader of a particular race from answering it”
- relying on the “critical ... verb ‘indicates’ ” to support adoption of the “ordinary reader” standard
- noting that in cases where advertisers use a large number of models and/or advertise repetitively, “the advertiser’s opportunities to include all groups are greater, and the message conveyed by the exclusion of a racial group is stronger”
- relying on the “critical . . . 2 verb ‘indicates’” to support adoption of the “ordinary reader” 3 standard
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Lumbard, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.