So , given the advertisement in question, it would , as you say , be difficult to find a publisher who would not be offended and publish it. Knowing he has free press and would not be sued or charged. But declining simply based on his own moral judgement and sensibilities?
Interesting.
Actually if a newspaper were given a copy of that graphic as a potential ad, they would probably refuse to publish it because of ecomomic concerns, i.e., it would offend readers who might cancel their subscriptions or advetisers who might take their accounts to another newspaper that didn't tend to offend their customers, who would include homosexuals.
It is an economic decision here whether or not to publish the ad. In Canada it is a criminal law and tort law decision. That, Snowyman, is the BIG difference! In Canada, a newspaper publisher who really didn't like homosexuals would be PROHIBITED BY LAW from publishing an anti-homosexual advertisement. Here there is no law, but the smart publisher is prohibited by economic realities from publishing it. Free Enterprise has its own self-imposed limits on Free Speech.