You can’t shout “fire” in a crowded theater. Can an ad proclaim “Jew-Hatred: It’s in the Quran” on a crowded bus?
That’s the free-speech issue before U.S. District Judge Mitchell Goldberg in Philadelphia, who soon will have to decide whether a private group’s ad targeting the Quran and seeking to “end all aid to Islamic countries” can appear on SEPTA’s buses, trains, shelters, and kiosks.
Defenders of the ad say it falls into one of the First Amendment’s most preciously protected categories: public-issue speech.
SEPTA general counsel Gino Benedetti acknowledged the importance of free speech but took a different approach during testimony before the judge Wednesday. Benedetti said he rejected the ad in the fall because of its potential to cause harm and incivility in a transit system that serves and employs Muslims among its one million daily customers and 9,000 employees.
The ad, he said, “puts all Muslims in a single bucket as hating Jews. . . . My common understanding is that not every Muslim hates a Jew. I thought it was portraying Muslims in a harmful, injurious way.”
Produced by the American Freedom Defense Initiative (AFDI), the ad features a photograph of a 1941 meeting between Adolf Hitler and Haj Amin al-Husseini, a Palestinian Arab nationalist who made radio broadcasts supporting the Nazis.
Cofounded in 2010 by conservative commentators Pamela Geller and Richard Spencer, AFDI is a nonprofit incorporated in New Hampshire. Its mission statement says it opposes the “treason [of] government officials, mainstream media, and others in their capitulation to the global jihad and Islamic supremacism.”
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