N.Y. Judge Rules Controversial 'Killing Jews' Bus Ads Allowed in City

A pedestrian walks past a line of New York Police Department (NYPD) cars parked at Times Square in New York, October 18, 2011. | (Photo: Reuters/Gary Hershorn)

 A New York judge has ruled that a controversial bus ad referencing Islam and Judaism must be allowed to be shown on New York City buses.

The controversial bus ads, sponsored by the American Freedom Defense Initiative, include a photo of a man with his face covered in a scarf with the words: "Killing Jews is worship that draws us close to Allah."

"That's his Jihad. What's yours?" the advertisement adds.

According to BBC News, the advertisement's words are in reference to lyrics from a Palestinian Hamas music video.

Judge John Koeltl ruled this week that the advertisement's words are protected under the U.S. Constitution's First Amendment rights to Free Speech. Similar bus advertisements in Chicago and San Francisco have been the targets of vandalism in the past.

While New York's Metropolitan Transport Authority had fought to stop the ads from appearing on public buses, Koeltl suggested that the MTA has "underestimate the tolerant quality of New Yorkers and overestimate the potential impact of these fleeting advertisements."

"Moreover, there is no evidence that seeing one of these advertisements on the back of a bus would be sufficient to trigger a violent reaction. Therefore, these ads — offensive as they may be — are still entitled to First Amendment protection," the judge added.

While the MTA also suggested the bus ads may prompt violent terrorist-related attacks, Koeltl wrote in his opinion Monday that "under the First Amendment, the fear of such spontaneous attacks, without more, cannot override individuals' rights to freedom of expression."