New York – A federal judge on Tuesday ordered New York’s Metropolitan Transportation Authority to display on its buses a controversial ad that refers to Muslims killing Jews, rejecting the argument that the ad could incite terrorism or imminent violence.
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U.S. District Judge John Koeltl in Manhattan said the ad from the American Freedom Defense Initiative, referred to by both sides as the “Killing Jews” ad, was protected speech under the First Amendment of the U.S. Constitution.
The judge delayed enforcing his order by 30 days so the state-run MTA could decide whether to appeal his preliminary injunction.
Adam Lisberg, a spokesman for the MTA, said the agency was preparing a response.
The ad portrays a menacing man wearing a scarf around his head and face, includes a quotation “Killing Jews is Worship that draws us close to Allah” attributed to “Hamas MTV,” and then states, “That’s His Jihad. What’s yours?”
It also includes a disclaimer that the ad’s display does not imply the MTA’s endorsement of its views. The MTA, whose buses and subways have been forums for policy debates, has accepted other ads from the American Freedom Defense Initiative.
Koeltl said the MTA did not show that the ad could prompt imminent violence, noting that none occurred when the ad ran in Chicago and San Francisco, or that New York City should be treated differently because it is a more prominent terrorism target.
While saying he was “sensitive” to security concerns, Koeltl said the MTA and Chairman Thomas Prendergast “underestimate the tolerant quality of New Yorkers and overestimate the potential impact of these fleeting advertisements. It strains credulity to believe that New Yorkers would be incited to violence by ads that did not incite residents of Chicago and San Francisco.”
David Yerushalmi, a lawyer for the American Freedom Defense Initiative, said the decision follows similar rulings in Washington and Philadelphia.
“There is no question that transit authorities have the right and duty to protect their riders from violence,” Yerushalmi said in a phone interview. “They do not have the right to give terrorists or potential terrorists a ‘heckler’s veto.'”
The case is American Freedom Defense Initiative et al v. Metropolitan Transportation Authority et al, U.S. District Court, Southern District of New York, No. 14-07928.
“Killing Jews is worship that draws us closer to Allah, that his jihad, whats yours?”
Well I hope its not killing Jews!
the ad is incitement to murder and should be banned.
Very bad taste AD
What would happen when these ads on the buses ride through Jewish neighborhoods? Would it not cause a sort of “peaceful” demonstration? Where village is this judge from?
Pamella Geller loves to shock – with most things she does.
I too think this is in very bad taste and I cannot understand what she hopes to accomplish with this other than gaining attention.
It’s fine when you draw attention to yourself at your own expense but using the Word “Jew” is no longer a private matter.
Why don’t the likes of Pamella get a life!
The ad should read “…….killing Judges” and then let’s see what the court’s ruling would be.
Why is the term Christians omitted? It should read Jews and Christians.
Am I reading right??????
How on earth does this not incite harming regular civilians as we’ll as Jews?? Maybe we can run the same ad against the gov.! Is Jewish blood so cheap that anything inciteful is not to be taken seriously, especially regarding the times we live in?? I think it’s uptown all of us to call, write and strongly protest this anti semitic judge. I see it as condoning harm to humanity not just Jews.
Sick! And sick country!!
now you see they all belong to isis and thrown out of israel & USA.