M.T.A. Must Run Bus Ad From Pro-Israel Group, Judge Says
A federal  judge in Manhattan on Tuesday ordered theMetropolitan  Transportation Authority to  display an ad from a pro-Israel group on buses after the agency declined to run  it last year.
The group,  the American Freedom Defense  Initiative, sued the authority in October, saying it had infringed on the  group's First Amendment rights by rejecting the ad. The authority had argued  that the ad could be seen as a call to violence against Jews.
The ad shows  a man with a scarf across his face next to the words, "Killing Jews is Worship  that draws us close to Allah," attributed to "Hamas MTV." Below that, it reads:  "That's his Jihad. What's yours?"
The judge,  John G. Koeltl, of United States District Court, ruled that the ad qualified as  protected speech and granted a preliminary injunction ordering the  transportation authority to run the ad. He said the order would not take effect  for 30 days so the agency could consider whether it would appeal the  decision.
"While the  court is sensitive to the M.T.A.'s security concerns, the defendants have not  presented any objective evidence that the 'Killing Jews advertisement' would be  likely to incite imminent violence," Judge Koeltl wrote in the order.
The judge  noted that a similar ad ran in Chicago and San Francisco in 2013 without  incident.
Pamela  Geller, president of the American Freedom Defense Initiative, called the ruling  a "triumph for liberty and truth." The group initially planned to run the ad  with others as part of a campaign. Ms. Geller said she would now buy more ad  space on more buses since it was running alone.
A spokesman  for the authority, Adam Lisberg, said in a statement that the agency was  disappointed by the ruling and would review its options.
The set of  ads was intended to parody a "My Jihad" campaign by the Council on  American-Islamic Relations. Those "My Jihad" ads portrayed jihad as a concept of  nonviolent individual and personal struggle.
Ms.  Geller's group successfully sued the authority in 2012 over another ad that the  agency eventually had to run. In that case, a federal judge ruled that the  authority had violated the group's First Amendment rights.
Judge  Koeltl, in his order on Tuesday, said that there was no evidence that seeing one  of the ads on the back of a bus would prompt a violent reaction.
"The  defendants underestimate the tolerant quality of New Yorkers," he wrote, "and  overestimate the potential impact of these fleeting  advertisements."
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