Poster tear-downs a target of 5 Towns senator

The fight to protect the free-speech rights of American Jews has been put into the New York State legislative hopper by the state senator who represents the Five Towns and Long Beach.

The New York Antisemitism Act, cosponsored by Senator Patricia Canzoneri-Fitzpatrick, would criminalize the destruction of pro-Israel public materials. This follows widely publicized vandalism directed at the expression of pro-Israel sentiment, including the tearing down of posters referencing the hostages seized by Hamas.

Anyone who damages or removes a “banner, poster, flyer or billboard” in a public space, “where the intent or purpose of such banner, poster, flyer or billboard is to bring awareness for Israeli individuals who have been victims of a crime, or to positively support the country or citizens of Israel in any way,” would be guilty of a class A misdemeanor, according to Senate Bill S531, introduced on Jan. 8.

Class A misdemeanors are “the most serious type of misdemeanor” and are punishable with up to a year in jail. Misdemeanors are the lowest level of crime, more serious than violations but less so than felonies.

“There are posters put up all the time that feature the names and photographs of hostages held in Gaza, constantly reminding us that we need to bring these hostages home and get them released,” Canzoneri-Fitzpatrick said. “That is the goal of those posters, and we have seen many of them vandalized, torn down. Even at local railroad stations, they’ve been taken down.”

“We are trying to say that we are allowed to speak out in favor of pro-Israel concepts and bringing these hostages home, and that should be protected as our freedom of speech,” she added.

The bill, which is under committee review, could face opposition passing the legislature, according to Canzoneri-Fitzpatrick.

“Some of the people that are not in favor of the bill will probably make a speech argument that they are entitled to tear down something,” she said. “I would argue that the person that put the poster up is obviously the one speaking, and therefore their speech should be protected.”

Michael Helfand, a professor and chair in law and religion at Pepperdine Caruso School of Law in Malibu, Calif., told JNS that the legislation could be deemed unconstitutional.

“The Supreme Court has, in some contexts, upheld hate crime legislation, which could provide support for S531,” he said. “However, the challenge the statute is likely to face is that it specifically targets conduct with a particular viewpoint, which could generate serious free speech challenges to its constitutionality.”

Avi Posnick, executive director of StandWithUs Northeast and New England, said he believes the bill could effectively target Jew-hatred in the state.

“Since Oct 7. 2023, we have seen the vandalism and destruction of many signs on public and private property that call for the return of the hostages or general support for Israel,” he said.

“They try to hide their antisemitism by claiming they are just against Israel or Zionism, both of which are part of Jewish identity,” he said. “Hopefully, this bill will make people think twice before committing such hateful acts.”