Court rules that anti-Israhell protest at synagogue is free speech

[yankeedoodle]

Henry Herskovitz leads a protest with anti-Israel and anti-Jewish messages during Hanukkah outside the Beth Israel Congregation in Ann Arbor on Dec. 28, 2019.

Ann Arbor synagogue protests amount to free speech, U.S. Court of Appeals rules
https://www.mlive.com/news/ann-arbor/2021/09/ann-arbor-synagogue-protests-amount-to-free-speech-us-court-of-appeals-rules.html

ANN ARBOR, MI — The Sixth Circuit U.S. Court of Appeals has issued a decision in a legal case over longstanding weekly protests in front of an Ann Arbor synagogue.

The court ruled in favor of the city and protesters, who argued the anti-Israel demonstrations are protected as free speech, and determined the plaintiffs who find the protests offensive lacked standing to pursue their claims.

The 33-page decision was handed down Wednesday, Sept. 15, roughly two years since the case originated.

The lawsuit was filed in 2019 by Marvin Gerber, a member of the Beth Israel Congregation at 2000 Washtenaw Ave., where Henry Herskovitz and his anti-Israel protest group have demonstrated on Saturday mornings since 2003.

Miriam Brysk, identified in court records as a Holocaust survivor and member of the Pardes Hannah Congregation in an annex next to the synagogue, joined as a co-plaintiff.

The lawsuit alleged the protests amount to hateful, anti-Semitic speech and named as defendants both the protesters and city officials for allowing them to continue without restrictions.

'They fill our sidewalks with hate speech,' Ann Arbor rabbi says in response to court ruling.

Protest signs have carried messages such as "Resist Jewish Power," "Jewish Power Corrupts," "No More Holocaust Movies," "Boycott Israel," "Stop U.S. Aid to Israel" and "End the Palestinian holocaust."

Speech in a public place on a matter of public concern is entitled to special protection and can't be restricted simply because it's upsetting, the court ruled Wednesday.

The guiding First Amendment principle that the government has no power to restrict expression because of the message, ideas, subject matter or content applies with full force in traditional public forums, and sidewalks are traditional public forums, meaning they occupy a special position in terms of First Amendment protection because of their historic role as sites for discussion and debate, the court ruled.

The ruling came from a three-judge panel including Chief Judge Jeffrey Sutton, Eric Clay and David McKeague. Sutton delivered the opinion of the court in which McKeague joined, while Clay delivered a separate concurring opinion.

Gerber complained in the original lawsuit the protest messages offend and anger him, cause extreme emotional distress, significantly diminish his enjoyment in attending sabbath services and adversely affect his willingness to attend.

The lawsuit also raised concerns about the impacts on children in the congregation.

Herskovitz previously said he would compare Gerber's "alleged suffering" with "the actual suffering" of Palestinians gunned down by the Israeli military. He has complained the synagogue displays the Israeli flag and prays for Israel.

[abduLMaria]

Takes a lot of courage to protest like that.

We need a list of all the similar protesters, to facilitate "protest vacations", so that supporters like us can drive around the country and JOIN THE FUN.

[yankeedoodle]

https://www.youtube.com/watch?v=IklCbpcfg9U

[yankeedoodle]

An interview with Henry Herskovitz by Kevin Barrett can be found here:  https://www.unz.com/audio/kbarrett_henry-herskovitz-on-vandals-vs-ann-arbor-protests/