'Killing Jews' Advertisement Approved, But New York Bans Political Ads on Buses

The biggest mass transit system in the U.S. has voted to ban all political ads on subways and buses in New York after a court ruled that a pro-Israel group has the right to display on buses an advertisement with the statement "Killing Jews is Worship that draws us close to Allah."

The ban was imposed on Wednesday after the Metropolitan Transportation Authority, a corporation responsible for public transportation in the state of New York, voted 9-2 approving a resolution that bans advertisements on buses and subways that are "political in nature," that "prominently or predominately advocate or express a political message, including but not limited to an opinion, position, or viewpoint regarding disputed economic, political, moral, religious or social issues or related matters, or support for or opposition to disputed issues or causes."

"Advertisements expressing viewpoint messages, regardless of the viewpoint being expressed, would no longer be accepted," M.T.A. general counsel Jerome Page, said.

Similar political advertising bans on public transport are enforced in other U.S. cities including Los Angeles, Chicago and Philadelphia.

The M.T.A. action was prompted by a lawsuit filed last year by the pro-Israel group American Freedom Defense Initiative after the M.T.A. informed the group in August that it could display three of four proposed advertisements but not an ad with the quote "Killing Jews is Worship that draws us close to Allah" because it could incite violence. The ad shows a covered face next to the quote, which is attributed to "Hamas MTV." It is followed by the words: "That's his Jihad. What's yours?"

Page said the M.T.A. decision to impose such a political advertising ban was prompted by safety concerns. "We drew the line when we thought our customers, our employees and the public were in danger," he said. "The judge gave short shrift to those concerns."

Earlier, U.S. District Court Judge John Koeltl ordered the M.T.A. to run the "Hamas MTV" ad on the back of buses. But the judge stayed the effect of the decision for a month so that it could be appealed. However, the change in the M.T.A. advertising policy rendered such an appeal unnecessary.

In its ruling, the court admitted that the ad in question was one that "portrayed a menacing-looking man whose head and face are mostly covered by a head scarf."

However, Koeltl ruled that "under the First Amendment, the fear of such spontaneous attacks, without more, cannot override individuals' rights to freedom of expression."

The M.T.A. argued that ads that would incite or provoke violence cannot be condoned. But the judge ruled that "the defendants have not presented any objective evidence that the advertisement would be likely to incite imminent violence."

Outspoken M.T.A. board member Charles Moerdler backed the decision to impose a ban on political ads. "Hateful speech, with its odious appeal to intolerance, is the incendiary that ignites violence and ultimately destroys free and democratic institutions," he said.

But fellow board member Allen Cappelli disagreed, saying that simply because a couple of "hateful people" have tried to abuse the privilege of free speech doesn't justify taking that right away from millions of others.

"I am really sad to see management attempting to go down this road," Cappelli said. "I believe very strongly that the antidote to hateful speech is more free speech."

In its statement, the M.T.A. said it will allow ads that are commercial in nature that "propose, promote, or solicit the sale, rent, lease, license, distribution, or availability of, or some other commercial transaction concerning, goods, products, services, or events for the advertiser's commercial or proprietary interest, or more generally promote an entity that engages in such activities."

The M.T.A. will also allow government ads and public service announcements, including those for the prevention or treatment of illnesses, the statement said.