(JNS) The New York Antisemitism Act, which was introduced in the New York State Senate on Jan. 8, aims to criminalize destroying pro-Israel public materials.
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.
Class A misdemeanors are “the most serious type of misdemeanor” and are punishable with up to a year in jail, according to New York State. Misdemeanors are the lowest level of crime—more serious than violations but less so than felonies, according to the state.
“We were trying to propose legislation that was geared toward specific acts of antisemitism and ensure that this is something that we are protecting,” Patricia Canzoneri-Fitzpatrick, a state senator who co-sponsored the bill, told JNS. “We have classes of crimes that are considered hate crimes when you are targeting individuals, and we are trying to put this in the same type of category.”
Canzoneri-Fitzpatrick, a Republican whose district includes a part of Long Island, told JNS that the legislation came out of hearings of the New York State Senate Republican Antisemitism Working Group.
“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,” she said. “That is the goal of those posters, and we have seen many of them vandalized, torn 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 to 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 told JNS. “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, told JNS that 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,” he told JNS. “Hopefully, this bill will make people think twice.”
