Judge Orders NY Transit Agency to Run ‘Killing Jews’ Ad

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.

U.S. District Judge John Koeltl in Manhattan said the ad from the American Freedom Defense Initiative, which had previously run in Chicago and San Francisco, was protected speech under the First Amendment of the U.S. Constitution.

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?”

Koeltl said he was “sensitive” to the security concerns, but noted that 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.”

MTA buses and subways are often forums for policy debates. The agency has accepted other ads from the American Freedom Defense Initiative, which is characterized as an anti-Muslim group by the Southern Poverty Law Center.

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