Alan Dershowitz: The new NYC subway rules on "provocative" ads are 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.”…

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.