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State attorney: Antisemitic messages seen around Jacksonville protected by First Amendment

SAO says messages did not contain threats and therefore are protected speech

JACKSONVILLE, Fla. – The Jacksonville Sheriff’s Office, the State Attorney’s Office and the FBI all said on Monday that antisemitic messages displayed around Jacksonville over the weekend did not appear to break any laws.

The agencies said they had received several questions about the legality of the messages that were seen displayed on roadways and public buildings in Jacksonville.

MORE: ‘Let’s stop it’: Shad Khan, Mayor Curry and others condemn antisemitic messages seen around Jacksonville

“We have been looking into these actions and will continue to work with our partner agencies regarding these reports of antisemitic messages. At this time, the Sheriff’s Office has not identified any crimes having been committed; the comments displayed do not include any type of threat and are protected by the First Amendment. We will continue to monitor any reports of this nature to determine if they rise to the level of a criminal nature,” JSO said in a statement.

“The U.S. Supreme Court has consistently held such speech — even despicable speech — is protected by the First Amendment. If this office is presented with evidence indicating an intent to directly incite imminent criminal activity or specifically threaten violence against a person or group, then criminal prosecution may be implicated,” State Attorney’s Office spokesman David Chapman wrote in a statement to the media.

Even though the messages appear to be legal, State Attorney Melissa Nelson denounced them as “repulsive.”

“The type of hateful, antisemitic rhetoric we witnessed over the weekend is repulsive and has no place in any community. We will continue to monitor these types of activities to ensure the safety of everyone in our city and hold accountable any who cause harm to anyone based on hate or animus,” Nelson said in a statement.

Nelson joined a growing chorus of leaders to condemn the messages.

But that doesn’t mean the people who displayed the messages are in the clear, particularly the ones who shined the digital antisemitic remarks with a projector.

“It was certainly injurious or damaging to the building for the time that it was displayed and if the state can determine who displayed the message I absolutely think the person should be prosecuted,” said Jacksonville attorney Shannon Schott.

Schott turned to what the property owners could do, namely the owners and advertisers at TIAA Bank Field and an apartment complex where messages were displayed. She noted that when you look at the images, it could appear that the buildings put the signs up themselves. She said that’s unacceptable and the property owners could take legal action.

“It could also be a civil charge of tortious interference of business operations because they chose two super distinct buildings and it appears as if those buildings were displaying that message,” Schott said.

As to who the property owners would have to go after, the Anti-Defamation League is saying the people behind the messages are antisemitic groups who have a large footprint in Florida with some specifically in Jacksonville.

Ye, the artist who was previously known as Kanye West before legally changing his name, sparked a recent wave of antisemitic actions across the country with disparaging comments and tweets about Jewish people. That has led to numerous visible antisemitic reactions across the area.

On Saturday night, a message that showed support for Ye and his statements was projected across the back side of one of the videoboards at TIAA Bank Field. That message was later projected on several other buildings in Downtown Jacksonville. Banners with similar messages were hung from overpasses on the Arlington Expressway and on Jacksonville’s Westside.

The FBI said it is in contact with JSO but is not investigating.

“FBI Jacksonville will remain vigilant and in contact with the Jacksonville Sheriff’s Office and, if in the course of their investigation information comes to light of a potential federal violation, the FBI stands ready to investigate,” FBI Jacksonville Special Agent in Charge Sherri Onks said.

JSO said it encourages anyone in the community to continue to report any future incidents at 904-630-0500 or JSOCrimeTips@jaxsheriff.org.

A spokesperson for Gov. Ron DeSantis on Monday issued a statement about the messages, saying, “Governor DeSantis rejects attempts to scapegoat the Jewish community – it has no place in Florida.”


About the Authors
Scott Johnson headshot

Scott is a multi-Emmy Award Winning Anchor and Reporter, who also hosts the “Going Ringside With The Local Station” Podcast. Scott has been a journalist for 25 years, covering stories including six presidential elections, multiple space shuttle launches and dozens of high-profile murder trials.

Travis Gibson headshot

Digital Executive Producer who has lived in Jacksonville for over 30 years and helps lead the News4JAX.com digital team.

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