US federal judge issued a decision to display a number of controversial advertisement that refers the Muslim killing Jews on New York city buses and subways.
New York Transportation Authority (MTA) rejected the ads, saying it could lead to terrorism and violence. But Judge John Koeltl rejected that argument and said the ad is protected by the US Constitution, which exalts the principle of freedom of speech.
Advertising was financed on behalf of the American Freedom Defense Initiative and has been posted on a number of public transportation in Chicago and San Francisco.
In the ad shows a man with his head and face were covered with scarves threatening, there is next to relevant excerpts from the music video Palestinian militant group Hamas.
The quote reads "Killing Jews is Worship that draws us close to Allah" 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.
Koeltl delayed enforcing his preliminary injunction by 30 days so the MTA could decide whether to appeal.
Adam Lisberg, an MTA spokesman, said: "We are disappointed in the ruling and are reviewing our options." The ad includes a disclaimer that its display does not imply an MTA endorsement.
The MTA said the ad did not meet standards it adopted in 2012 after a judge, in another lawsuit by the American Freedom Defense Initiative, said its earlier ban on ads that demeaned people based on race or religion violated the First Amendment.
Koeltl, however, said the MTA did not show that the latest ad could prompt imminent violence, noting that none occurred in Chicago and San Francisco, or that New York City should be treated differently because it is a more prominent terrorism target.
The American Freedom Defense Initiative, led by the controversial activist and blogger Pamela Geller. The organization was registered as an anti-Muslim group by the Southern Poverty Law Center, a group of civil rights activists.
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