Legal Sea Foods Answers Censorship of Ads with Its Own "Censored" Ads (Press Release)

"Censored" banners call attention to Legal Sea Foods' right to commercial speech.

-- Chain Leader, 7/1/2008 1:01:00 PM

BOSTON--(BUSINESS WIRE)--After two of its ads had been deemed inappropriate by the Massachusetts Bay Transportation Authority, the Boston restaurant group Legal Sea Foods has now taken the unique step of producing replacement ads that shine a spotlight on what it feels is the censorship of its commercial speech.

As a protest to the MBTA's banning of its ads, Legal Sea Foods has begun placing one-word banners that read "Censored" over the two controversial ads on the sides of Boston subways.

"We want to show people that this is the scene where censorship is taking place," said Roger Berkowitz, CEO of Legal Sea Foods. "But the bottom line is that we still aren't allowed to run the ads that we had originally created."

Earlier this month, the MBTA began taking down two Legal Sea Foods ads that it felt were disparaging and inappropriate to conductors. The five-ad campaign shows anthropomorphic fish imparting impudent remarks to passers-by to humorously underscore just how 'fresh' the fish is that the restaurant company serves. One of the ads, "Bite me" was determined to be objectionable, despite the fact that the same ad had run atop Boston taxis earlier in the year.

"We feel our right to commercial speech has been violated, and it was almost violated a second time as the MBTA took more than eight days to sit in judgment of our 'Censored' ad before giving its nihil obstat," said Berkowitz.

Interestingly, the timing of the latest events is not lost on Legal Sea Foods, as these ads will be up and running just in time for July 4.

"As we look forward to celebrating our nation's birthday, it's important that we take a stand against censorship. Our forefathers made freedom of speech the top priority in the Bill of Rights," said Berkowitz.

Legal Sea Foods, with 16 Boston area restaurants, last week ran a full-page print ad in the Boston Globe entitled "Eat me" that offered a free seafood dinner to subway conductors who may have been offended by the ads. The language in that ad has not been met with any criticism to date.

LEGAL SEA FOODS - CENSORED ADS TIMELINE

December 22, 2007 - "Fresh Fish" ad campaign begins airing in Boston. First appears as cinema ads in movie theaters across Boston. Later runs on tops of taxicabs.

May 2008 - "Fresh Fish" campaign begins running on the Green Line trolley cars. Each poster features a different fish uttering a "fresh" remark.

June 2 - The MBTA says that two ads -- "This conductor has a face like a halibut" and "Bite me" -- violate its Advertising Guidelines.

June 2 - Boston Carmen's says its conductors are "angered and offended" by the ads: The union warns that "If (the ads) don't come down, we will not drive those trains."

June 3 - The MBTA informs Legal Sea Foods that it will begin taking down the two ads in question. In addition to the two banned ads, the MBTA begins removing a third ad ("This train gets around more than your sister") without cause.

June 5 - Noted First Amendment attorney Martin Garbus reviews the MBTA's right to remove the controversial ads. He responds that the "MBTA has no legal basis to demand that Legal Sea Foods cease running these advertisements."

June 13 - Carmen's Union calls for a boycott of its restaurant.

June 18 - Legal Sea Foods sends replacement ads to the MBTA to run in the two blank spaces. The ads simply carry a "Censored" banner that will run across the banned copy. The MBTA says it is reviewing the new ads to determine if they violate its advertising guidelines.

June 19 - The MBTA informs Legal Sea Foods that it will run the new "Censored" ads, but only if the company can provide assurances that it will not pursue any future legal action.

June 23 - Legal Sea Foods runs a full-page ad in the Boston Globe inviting all train conductors to visit a local restaurant and enjoy a free fish entrée, compliments of Legal.

June 25 - Legal Sea Foods is informed that the "Censored" ads can run on the trolleys.

July 4 - Legal Sea Foods' "Censored" ads - which serve as a visible protest to having its right to commercial speech trampled by a government agency -- will be fully up and running just in time to celebrate our nation's birthday.