Nassau Standard

The New York State legislative body is considering a bill aimed at protecting the free-speech rights of American Jews. The New York Antisemitism Act, co-sponsored by Senator Patricia Canzoneri-Fitzpatrick, seeks to criminalize the destruction of pro-Israel public materials. This legislative move follows incidents of vandalism against expressions of pro-Israel sentiment, such as tearing down posters related to hostages taken by Hamas.

Senate Bill S531, introduced on January 8, would make it a class A misdemeanor to damage or remove any "banner, poster, flyer or billboard" in public spaces that aim to raise awareness for Israeli victims of crime or support Israel and its citizens. Class A misdemeanors are considered serious and can result in up to a year in jail.

Canzoneri-Fitzpatrick emphasized the importance of these posters, which often feature hostages held in Gaza. "There are posters put up all the time that feature the names and photographs of hostages held in Gaza," she said. "That is the goal of those posters, and we have seen many of them vandalized."

The bill faces potential challenges in passing through the legislature. Canzoneri-Fitzpatrick noted that some opposition might argue for their right to tear down such materials as a form of speech. However, she contends that "the person that put the poster up is obviously the one speaking."

Michael Helfand from Pepperdine Caruso School of Law commented on possible constitutional issues with the legislation. He stated that while hate crime legislation has been upheld by the Supreme Court, targeting conduct with a specific viewpoint could lead to significant free speech challenges.

Avi Posnick from StandWithUs Northeast and New England supports the bill as a measure against antisemitism in New York. He highlighted recent instances where signs supporting Israel were vandalized and expressed hope that this legislation would deter such acts.