Aviation blogger and New Hampshire lawmaker Seth Miller has sued Avelo Airlines over a controversy stemming from a billboard that attacked the budget carrier’s ICE deportation flights.
Seth Miller Sues Avelo Airlines After Budget Carrier Seeks To Silence Speech By Removing ICE Deportation Billboards
Avelo Airlines has invited controversy by agreeing to operate US Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) deportation flights on behalf of the Trump administration.
Miller, a Boarding Area colleague and now a New Hampshire state lawmaker, paid for two billboard advertisements outside Tweed New Haven Airport (HVN) in Connecticut that attacked Avelo for its decision to operate deportation flights. The billboard is pictured above.
Using a modified Avelo logo, the billboard asks, “Does your vacation support their deportation? Just say AvelNO!”
Days after the billboards were erected, lawyers from Avelo sent Miller a cease and desist note, asserting that he had violated Avelo’s trademark and caused consumer confusion, with some observers reportedly believing the ad was placed by Avelo (let that logic sink in…).
Avelo also scared the billboard operator, Lamar Advertising, into removing the billboards.
That prompted a lawsuit by Miller against Avelo in Nevada, where the airline is incorporated. He is asking that a court affirm his right to exercise his freedom of speech on this matter.
Miller told the New York Times:
“I have the right to raise objections to their business actions, just as much as they have the right to advertise their business.”
Miller is particularly concerned that in the Trump era, deportation flights are carried out without due process and deportees are placed in shackles before boarding the aircraft.
Meanwhile, Avelo has proceeded with deportation flights, which began last Monday. The carrier says these flights are necessary for its bottom line and began under President Joe Biden.
But Miller says, “This contract was signed after we knew that they were sending people to the wrong countries, that they were doing it without hearings. I think that’s disgusting and needs to be called out.”
I Support Miller’s Lawsuit
Regardless of the way you feel about immigration or the Trump administration (and I do support efforts to remove criminal aliens with due process), you should support Miller’s lawsuit. This is indeed a free speech issue. As his attorney explained:
“The First Amendment protects Miller’s speech here, and the principle underlying that is that Avelo can make its own speech. Avelo is free to respond to Miller in the marketplace of ideas but is not free to use baseless threats of litigation to silence him.”
Bravo.
Meanwhile, an ICE spokesperson said efforts like this are “nothing more than a tired tactic to abolish ICE by proxy.” Baloney. Avelo has declined to comment.
Free speech rights do not exist on a private blog like Live And Let’s Fly, but regular readers know that I go out of my way to encourage dialogue and leave comments that may be viewed as inflammatory or controversial. The answer to speech is more speech.
But while that may be a policy decision on the blog, it is a constitutional protection in the public square. I expect Miller to prevail and hope the billboards will return. It’s the principle of the matter.
What do you think about the Avelo ICE billboard?
Ah come on, of course he has a right for these billboards, but cannot use their trademark. This is so simple.
Fair use.
Coming from NH I’d say there’s also the ironic Streisand effect
@Nun … +1 . The “Streisand effect” was so funny .
Also , the NH politician is so obviously “grandstanding” , both with the billboard and the lawsuit .
“Free speech” ought to be for serious matters , not “grandstanding” over nothing .
So now that your party is on power, you want free speech limited. Sounds about right
They’ve literally admitted they’re doing these flights because the revenue is “too good to pass up”. Putting aside the ethics of the flights, what’s stupid is they’re expecting to not face any consequences from the public or consumers about their decision. That should’ve been part of the risk-benefit analysis.
Maybe instead of trying to sue individuals for holding them accountable and exercising their first amendment rights, they should focus on why their core business is hemorrhaging money so much that they need to resort to flying like this.
And you wonder why I call the majority of those in your industry pure scum. You are excluded because even with your willingness to post anything for a buck, you are fair on both sides….for the most part.
From your “partner” to coke head to the racist Points Mommy, they are all far left liberals that are always trying to F the average American for a few bucks. As for Miller, he’s not concerned about sh#t other than being a lunatic and an attention whore. TDS lives and he’s proof.
America is winning and not one legal citizen that wasn’t in an unneeded government job can show they have been harmed under this President. The world is safer and all of us here will be much richer by the end of the year, as we were annually under Senile Joe. And really, isn’t that the only thing that matters to us? F the poor, they made the life choices!
Found the clown everyone.
The Second Amendment is very clear that the GOVERNMENT cannot make a law abridging free speech. He has NO standing with his “free speech” claim. Secondly, how many individuals have been sued by a company or individuals whose trademarks have been slightly modified to leave no doubt as to the defendant is targeting. Thus creating an infringement/slander/libel against the plaintiff. I hope AVELO cleans his financial clock!
Wrong Amendment, but yes 100!
F this attention seeking a##hole.
But by suing them Avelo is using the power of government to silence him. This is the first amendment question.
Avelo is perfectly free to say take down the billboard or I will put you on our own ‘do not fly’ list, and we will never do business with you. But by involving the government they have turned it into a first amendment case.
OOPS…I meant FIRST AMENDMENT…not SECOND. FAT FINGERS!
I once followed the Wandering Aramean. Love Seth. Glad to learn what he’s up to.
I didn’t know much about Avelo before, but now I will consider them for future flights. I hope the company is successful, and I thank them for their efforts.
Almost EVERYONE in New Hampshire is literally a current or former state legislator. New Hampshire’s House of Representatives has one legislator for every 3,300 people.
And what I mean by that is there are 400 members of the New Hampshire House of Representatives. They basically go no pay. Everyone takes their turn. In many states, a state legislator is relatively important. Not in New Hampshire.
Lamar Advertising seems to not want to stand up for its paying advertisers to advertise. But they also seem disinclined to stand up for their own 1st Amendment rights.
Bruce Springsteen is starting a world tour with a short explanation about the deportations without due process. And POTUS cannot stand it. On his platform truth social, POTUS ended his all cap rant with a threat to SHUT UP UNTIL YOU COME BACK HERE. Be careful free speech makes you an enemy to his agenda
Though the logo would be trademarked, Seth Miller use likely falls under fair use under the aspect of criticism. Lamar was issued illegal take down notices, which is against federal law and Avelo absolutely deserves to be sued and loose big time.
I don’t see the free speech angle though.
Avelo has every right to engage in their commercial activities as Seth Miller does to criticize it.
These leftist lunatic pro illegal immigration advocates are nuts. They don’t cry complaint about rest of the 195 nation in the world that also have anti illegal immigration laws and most are even stricter with severe fees and fine and jail time with deportation. They only want USA to be an open border lawless illegal immigration nation,, ignoring the existing massive legal immigration system where one million people immigrate legally.
Nobody is pro illegal immigration and nobody wants that for the USA. Just not true. People are pro due process and pro speech.
Yeah, these are boorish bully-boy tactics from Avelo, but ultimately the first amendment only affords protection from governments abridging freedom of speech, and a lawyer would know that all too well. The billboard company probably thought it was easier to take the sign down than to risk an expensive legal bunfight. Good on Avelo for falling into the Streisand Effect trap, though. What was a local issue in New Hampshire has now been broadcast all around the planet, and the dubious reputation they acquired by participating in the Mad Orange God-King’s unconstitutional deportations has now become even poorer. Score!