Dershowitz: Amended MTA rules “Unconstitutional” and “it’s going to encourage violence”

And while I am no fan of Dershowitz, in this he is absolutely correct. "It incentivizes
people to engage in violence. What it says to people, is that if they
don’t like ads, just engage in violence and then we’ll take the ads
down.”

I just submitted another NY campaign to the MTA. It will be interesting to see what happens….

Exclusive: Alan Dershowitz Calls Amended M.T.A. Advertising Rules “Plain Dumb” and “Unconstitutional” Algemeiner

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In an interview with The Algemeiner, Harvard Law Professor Alan Dershowitz  slammed new approved advertising guidelines announced by the New York Metropolitan Transportation Authority, calling them “Plain Dumb” and “Unconstitutional.”

The new rules allow the M.T.A. to ban ads that it “reasonably
foresees would imminently incite or provoke violence or other immediate
breach of the peace.”

“A. it’s clearly unconstitutional” he said, and “b. it incentivizes
people to engage in violence. What it says to people, is that if they
don’t like ads, just engage in violence and then we’ll take the ads
down.”

“It’s very bad policy,” he continued, “and it’s just plain dumb, because it is going to encourage violence.”

Responding to the charge in an interview with The Algemeiner, M.T.A. spokesperson Aaron Donovan declined to comment.

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The new M.T.A. rules, announced yesterday, came after pro-Israel ads, which were initially rejected by the M.T.A., ran in ten New York City subway stations, after the group running the ads sued the M.T.A on first amendment grounds.

Protesters objecting to the ads set about defacing them, including in
one widely reported incident where Egyptian-American activist Mona
Eltahawy was charged with criminal mischief misdemeanor for spraying one with pink paint.
Referencing the incident, Dershowitz said, “what the transit authority
is doing, is giving people like Mona, the power to censor.”

Referring to the recent uptick in violence in the Middle East,
Dershowitz added, “It is the worst possible approach to dealing with
radical Islam.”

“In the age of radical imams whipping up reactions, it just gives
them more encouragement to do it. So if somebody wants to put up a
picture of Mohammed in the subway, all people have to do is threaten
violence and its censorship comes into effect,” he said.

The Law Professor also made clear that he is certain the decision
will face legal challenges. “It will be challenged, there is no question
about that,” he confirmed, “if the ACLU (American Civil Liberties
Union) doesn’t get into this case immediately, they are going to have to
write to me several times for my contribution this year. This is a
perfect case for the ACLU, the ACLU should be in there, opposed to the
MTA.”

“I would hope the ACLU would get behind the organization that put up
the ads even though I’m sure they disagree with the content of the ads,
as do I,” he concluded.

When asked by The Algemeiner if they had considered the
constitutionality of their decision, M.T.A. spokesperson Aaron Donovan
said that he wasn’t concerned. “All of the changes that were made to the
guidelines, were made within the framework of our understanding of
First Amendment law, we feel the guidelines as they have been amended
are firmly planted in the bedrock of the constitution, specifically the
First Amendment,” he said.

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Asked about the M.T.A’s concern over the threat of further lawsuits, he said, “it’s impossible to predict the future.”