September 27, 2012
M.T.A. Amends Rules After Pro-Israel Ads Draw Controversy
By MATT FLEGENHEIMER
The Metropolitan Transportation Authority approved new guidelines for advertisements on Thursday, prohibiting those that it reasonably foresees would imminently incite or provoke violence or other immediate breach of the peace.
The 8-to-0 vote by the authoritys board came three days after pro-Israel ads characterizing Islamist opponents of the Jewish state as being savage began appearing in subway stations, setting off vandalism, denunciations of the authority and calls for the ads removal.
The authority had initially rejected the ads, citing their demeaning language. The group responsible for the ads, the American Freedom Defense Initiative, sued, and in July won a federal court ruling on First Amendment grounds.
Weve gotten to a point where we needed to take action today, Joseph J. Lhota, the authoritys chairman, said at a news conference on Thursday.
The authority said it believed the new guidelines adhered to the courts ruling and would withstand any potential First Amendment challenge. Under the new policy, the authority will continue to allow so-called viewpoint ads, but each will be required to include a disclaimer noting that the ad does not imply the authoritys endorsement of its views.
You deal with a free-speech issue with more free speech, Mr. Lhota said.
The advertisements have attracted considerable attention in recent weeks amid the violent and sometimes deadly protests across the Muslim world in response to an American-made video mocking the Prophet Muhammad.
During the public comment portion of the authoritys meeting on Thursday, several speakers assailed the placement of the ads. (The authority said last week that our hands are tied because of an order, by Judge Paul A. Engelmayer of Federal District Court in Manhattan, to post the ads.)
Many at the meeting held signs echoing the Occupy Wall Street movements message. The subway belongs to the 99 percent, they read. Take the racist ads down.
Pamela Geller, the executive director of the American Freedom Defense Initiative, also spoke, though she was repeatedly shouted down. She urged the board not to change its ad policy.
Have the courage of your convictions, she said, even if the judge imposed it.
