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Anti-Muslim subway posters in NYC spark controversy

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    Do ads fall under right to free speech?

  • Duration 4:11
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Duty police have had to step up -- -- after subway ads.

That used some words describing Israel's enemies go -- in some of the most heavily traffic areas in the Big Apple.

New York's transit authority actually tried to block the ads in federal court.

But a court order force -- hand the pro Israel group behind the controversial campaign right here.

-- -- saying -- -- I am not saying all Muslims -- anyone that says that this -- is against all Muslims in my opinion.

This is true Islam -- Because this thing all Muslims that the subscribe to Jihad and all Muslims hate the Jews in -- Israel and I don't believe that.

But it seems.

New York earth of all stripes blasting the -- I think to sensitivities around the subways considering that -- you know one of the targets considered by other terror groups in the past here in the city it's probably a bad idea it's terrible what do.

It's -- sparked controversy obviously when -- also when you team won their -- suburbs in the us -- us.

Well let's bring in our legal panel obviously those sound bytes of folks opinions.

Lis Wiehl Fox News legal analyst Doug burns former federal prosecutor criminal defense attorney.

And for our purposes here folks we're gonna just talk about yes or no free speech or not right Doug you first how far does free speech go.

Well you have free speech and and have exceptions to free speech and the most notable exceptions that apply in this case are warming what we call incitement.

And then to fighting words.

Incitement is something that word you know inside or advocates specifically using violence against the government.

Fighting words or something that would cause and this is the problem here the immediate.

Violence so the reality is we have to discussions here one deal like this said do you think it should be up on myself hey don't like going to be don't think it should be up but legally.

Judge -- angle -- in the southern district ruled.

That the MTA's language.

Was unconstitutional and it's protected free -- and legally I agree with that.

As as you just said -- fighting words inciting violence and we can't talk about exactly what was said in these ads.

But it definitely could incite violence you cannot Jane you cannot go into a crowded theater and yell fire you cannot incite violence like that there are exceptions to the First Amendment.

Do I do.

The do I wouldn't -- we agreed right that we both hate the message perhaps this is absolutely wrong but it goes beyond that -- when you go and you tell people to do things I -- -- -- -- -- -- language I had a -- that fighting words exactly and they were harassed me in the exception to the First Amendment.

-- we talked about this was in -- -- The -- did put a financing and military funding for Israel okay.

So Pamela Geller tenants away and that's completely unfair that's the woman -- -- -- NASA she came forward with this message the MTA turnaround and said this would impugn.

A particular group based on there origin etc.

and that's what the judge said was.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- But in really yes of course.

In other words something that's flat out I've seen in the in the old joke which is the Supreme Court -- -- I had -- I don't run on the candidates aren't I.

I don't want SA today but here S France finding words -- -- -- -- to be governor -- must be immediate.

Moment after this short.

At the budget people -- -- some -- some of those.

Play Obama they're seeing let's not let's put it this and I went -- but isn't it if if you know the MTA is now bring on more cops settlers they must think now that it's going to anti there is a concern in America.

-- -- -- three days and our that there are up to three days and there's no violence hopefully.

Okay well there are only up your -- for a short period of time off and and some people are concerned some aren't we wanted to take a look at and free speech and thanks so much I've got great to see both of --

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