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Federal Lawsuit Asserts That Protest of Zionism and Jewish Power Is Not First Amendment Protected
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A brand new legal attack has been mounted by the Jewish community against the First Amendment.

Gerber v. Herskovitz, filed last December in the Eastern District of Michigan, claims that protests by an anti-Zionist group called Witness For Peace outside Ann Arbor’s Beth Israel Congregation amounts to “group libel” of Jews, among other violations.

Witness for Peace is a small protest group founded by Henry Herskovitz, who is Jewish himself, to call attention to Israeli atrocities supported by Beth Israel. The group has peacefully picketed the Synagogue since 2003.

The lawsuit seems frivolous on its face, but organizations like The Lawfare Project which specialize in pro-Israel litigation have signed up as co-counsel for the plaintiffs, making it a formidable assault. The Lawfare Project sues institutions and governments around the world to prevent them from boycotting Israel or protesting Zionist brutality.

Many Americans are under the false impression that the First Amendment is safe on top of piles of Supreme Court precedents. The truth is more complicated.

The 1952 case of Beauharnais v. Illinois used logic similar to one of Gerber v. Herskovitz’s complaints.

In Beauharnais v. Illinois, Jewish justice Felix Frankfurter authored the 5-4 majority ruling upholding the criminal conviction of a man who distributed leaflets calling attention to black crime along with a non-violent appeal for whites to politically organize. According to Frankfurter, Joseph Beauharnais was guilty of “libeling” the black race by referring to it as being more likely to commit crime, and this was thus unconstitutional. The legal concept of “group libel” is what underpins many “hate speech” laws in Europe. This landmark case has yet to be overturned.

Gerber v. Herskovitz is different in that it is also suing the Mayor of Ann Arbor Christopher Taylor for allowing the anti-Israel protests to continue. Aside from Witness for Peace engaging in “group libel” against Jews, the complaint states that both protesters and Ann Arbor city officials are violating laws that ban discrimination in public areas, flouting federal civil rights law, infringing on Beth Israel’s religious rights, and that Mayor Taylor is failing to enforce a local ordinance that limits the placement of signs on grass near sidewalks.

The ACLU stepped in last March to file an amicus brief on behalf of the defendants, but the language used in their filing is peppered with attacks on the defendant’s message, calling their anti-Zionist slogans “offensive, upsetting, and distasteful for activists to stage political demonstrations outside a synagogue.” With over-the-top editorializing like this, the Jewish lawyers at the ACLU may be doing the defendants more harm than good.

Arguments in Gerber v. Herskovitz have been paused due to the coronavirus until June.

(Republished from National Justice by permission of author or representative)
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  1. Biff says:

    Arguments in Gerber v. Herskovitz have been paused due to the coronavirus until June.

    Arguments in Gerber v. Herskovitz have been paused due to the coronavirus until everyone is dead.

    I’m partial to the latter.

  2. The jewing is getting out of hand.

    They are pushing way too hard and people are noticing.

    They always shit the bed.

    • Replies: @Buck Ransom
  3. Exile says:

    Congresswoman Loomer (R-Marcus, Inc.) will soon be sponsoring legislation to “clarify” the First Amendment’s ambiguities and penumbras on BDS.

    The Founders as Judeo-Christians would clearly have endorsed this legislation b/c muh terrorisms.

  4. Thank you, Eric Striker, for shining a light on the underhanded exercise of Jewish lawfare. Their narrow stratagems pose a real threat to broader, Constitutionally-defined liberties.

    Jewish jurists are working now to disadvantage the American people. The objective?–criminalize Free Speech whenever it threatens Zio-Jewish objectives.

    Under the pretense of high-mindedness, what these one-sided ‘group libel’ laws are actually designed to accomplish is to diminish accountability by restricting analysis and criticism.

    How very clever. How very insidious.

    One might theoretically embrace the concept of ‘group libel’ laws if they were crafted to be fair and universal, giving protection to all self-identified groups equally. But that’s not the case and it’s never the case. Why? Jews fabricate politicized ‘laws’ of this kind for the express purpose of lawfully elevating Jewish interests over others. This devious objective defies the Equal Protection clause. It also undermines the rule of law.

    In today’s America, ‘minorities’ (Jews especially) receive special and often preferential over whites. These double-standards affect education, hiring, housing, income, and now discourse.

    ‘Far right’ groups (i.e., organizations which engage in white advocacy) are now at the bottom of America’s legal food chain. This affects their cultural standing as well. As a result, whites may be collectively vilified as ‘Nazis’ and ‘racial supremacists’ by anyone, including even pro-Zionist Jews who, ironically, more readily qualify as racial supremacists.

    Nevertheless, it’s Jews who demand–and receive–group protection for themselves almost exclusively. Double-standards have become entrenched. This is very unfair.

    ‘Group libel’ laws have never protected whites from group libel, not even remotely. Rather, they are designed to be political weapons.

    These legally-enshrined double-standards are nothing short of astounding. And toxic.

    Is it any wonder why Jews are the world’s most-feared and least-loved people?

    • Replies: @Rev. Spooner
  5. KenH says:

    (((Laura Loomer))) was on Happy Homelands jewsplaining that BDS wasn’t covered by the first amendment because it is supposedly funded by foreign terrorists even though I don’t think she provided any evidence of her claim. She fooled some people into thinking that she was one of the “good Jews” but her true colors are now showing and no criticism of the chosen people is permitted.

    It sounds like the crux of the Jews’ lawsuit in Gerber v. Herskovitz is that goys exercising freedom of speech they don’t like constitutes “discrimination in a public space” among other things. So this will be the template going forward and the intent of these frivolous and punitive lawsuits against uncontrollable goyim is indeed to exercise a Heckler’s veto over speech (((they))) don’t approve of and intimidate everyone into silence.

    The only group that anyone can group libel without any consequences whatsoever is white people and just about everyone knows that but it bears repeating.

    • Agree: Exile
    • Replies: @jbwilson24
  6. @Robert Dolan

    Ariel Sharon (or somebody like that, I forget) had sage words of advice for his fellow Chosen ones: “Always escalate.” Pair this with their complete lack of critical self-awareness and you get the shitshow that is now American social policy and foreign policy.

  7. KA says:

    “as being more likely to commit crime, and this was thus unconstitutional. “- Frankfurter Chief Justice

    He never had a chance to watch Fox and other rambling against Muslim as a faith and community and see the sting operation,profiling, extra inspections, at airports and borders and then travel ban – all promoted by the US Zionist after 911.

  8. KA says:

    “ peacefully picketed the Synagogue since 2003” ,why Synagogue??

    Picketing should be against AIPAC against ADL against consulate and speakers from Israeli military or Government or against IDF fund raising .

    • Replies: @4justice
    , @4justice
  9. “With over-the-top editorializing like this, the Jewish lawyers at the ACLU may be doing the defendants more harm than good.”

    Naaaahhh….Ya think?

  10. “According to Frankfurter, Joseph Beauharnais was guilty of “libeling” the black race by referring to it as being more likely to commit crime”

    Fascinating. Not being a US law graduate (nor American) I had never heard of this case. I have to look it up. Frankfurter was probably one of those ethnic supremacists hovering around FDR.

    Correct me if I am wrong, but isn’t one of the elements of libel in the USA that the statements made about the aggrieved party were false?

    Can it be called ‘libel’ if (1) it applies to groups, and (2) it lacks one of the required elements for libel in general?

    The whole concept of ‘group rights’ is a scam. Kymlicka and the like.

    Good news though: we are told that race doesn’t exist, so goodbye precedent!

    • Replies: @animalogic
  11. @KenH

    “She fooled some people into thinking that she was one of the “good Jews” but her true colors are now showing and no criticism of the chosen people is permitted.”

    I recall the Jewish leader of a student ‘social justice’ group announcing one day that she was off to protest David Icke and that she wanted the whole group to go. Why, they asked. “Because he said that Jews are not a race”, she replied.

    Someone pointed out that this is actually the official position of the state of Israel: Jews are not a race, but a nation.

    She replied that they didn’t get to have an opinion, not being Jewish.

    What I have learned over time is that no matter how altruistic a Jew appears on the surface, they will not tolerate criticism, disagreement on key issues, citation of statements made by other Jews, or presentation of facts like overrepresentation in the media. A Catholic or Evangelical can get mad at you, but a Jew views dissent or a failure to comply as a mortal threat to their existence.

    Basically they are like an abusive spouse who can never be satisfied. You behave the way they want, or you get smacked down. And they bear grudges a REAALLY long time. (Name an ethnic group that Jews don’t dislike).

    • Agree: Exile, KenH
  12. If any are so masochistically-inclined to trudge through the 95-page complaint, they’ll find Susselman’s argument for group defamation hinges upon only one sign, which reads “End the Palestinian holocaust.” (Count XVI, Group Defamation by the Protestor Defendants, begins on p. 83.)

    The greater bulk of the complaint is directed more at Ann Arbor than the protestors and the group defamation argument is pretty weak sauce, going so far as to cite the notoriously mendacious jewishvirtuallibrary.ugh. Moreover, if Beauharnais were relevant in this action, why hasn’t Susselman cited to its case law?

    I think the odds are stacked against the usual suspects here. Should be interesting to see what happens.

  13. @jbwilson24

    “Good news though: we are told that race doesn’t exist, so goodbye precedent!”
    Correct… unless it’s expedient to certain “groups” that matter.

  14. @mark green

    You are sprouting rubbish, in the US, Jews are well loved and protected. They are well represented (over represented, i think) in most fields and that includes the legal.
    So what are you gonna do? You have a gun and the 2nd amendment, you say.
    I say to you to shove the gun where the sun don’t shine. And if you decide to fight and use that gun, remember to wash and clean it proper.

  15. Lot says:

    Styker sure is obsessed by Jews. A local story about a Jewish group suing a Jewish protestor, and he cannot resist.

    Could he the one behind the Seductive Jewess website?

    • Replies: @Exile
  16. Exile says:

    Jews sure are obsessed about people Noticing what Jews are up to.

    We care – because you do.

    • Agree: GazaPlanet
  17. Anon[360] • Disclaimer says:

    A “group libel” ruling is unconstitutional, even if it has been allowed to stand.

    Parallel to the essential effect of the constitutionally fraudulent hate speech concept (or hate speech laws depending on where one is), the essential effect of anti “group libel” prosecution would be to make illegal the critique of political opponents.

    All of which act in groups and all of which act politically in a manner that has to be held to critique for democracy to survive.

    How such laws are implemented is that they prevent popular critique of system-preferred political opponents, and look to immunize critique against non-preferred opponents.

    Its easy to see how hate speech laws, and the softer phrased group libel concept, are fundamentally antidemocratic.

    Their purpose is to protect mafias.

  18. 4justice says:

    The group founder of the vigil was from that Synagogue and didn’t know what to do when his Rabbi refused him the opportunity to share what he had learned on visiting Palestine – Henry was surprised to learn he was not hated by Palestinians for being Jewish as he had been told he would be. He thought this was great news that he couldn’t wait to share. The Rabbi thought it was bad news. So Henry asked the Rabbi what he would do if he were in his shoes? The Rabbi had no answer, so Henry started a peaceful vigil called Jewish Witness for Peace and Friends some 17+ years ago. Several of the Jewish members of that group have since passed on, and one flipped so they renamed to Witness for Peace. The Synagogue has an Israeli flag inside, starts weekly services with a prayer for Israel, and they have had pictures of kids posing with Israeli military hardware on a trip to Israel on their website, so it isn’t really fair to say that that Synagogue is strictly a house of worship. But the reason for the vigil is in reaction to not being allowed to talk about Palestinians within that Synagogue. They also have worked hard to silence all mention of Palestine in local interfaith efforts including those against war. That might seem like an abstraction, but actually included silencing actual Palestinian survivors of the Nakba. MI has a large Palestinian population, after all. The Rabbi used his influence to demand in interfaith groups that some people not be allowed to matter. I call that racism and gross.

    Was Henry naive to ask the Rabbi to let him give a brief presentation on Palestine? Sure. But that is Henry. Just a good to the marrow of the bone mid-westerner who happens to be Jewish yet who doesn’t really feel like hating Palestinians or anyone else.

    Some documentary evidence of the Synagogue posting pictures of kids on Israeli military hardware can be seen in the following blog posts:

    The blogger has written more about the history of the Witness for Peace vigil here

  19. 4justice says:

    Also, it was never a picket – a sidewalk vigil that never attempted to obstruct a single person from attending the services. The only violence was from congregants, never the vigilers. Mind you, most of the vigilers over the years were past retirement age because who else could afford to attend such vigils? The risk of being “cancelled” for daring is great. One vigiler was even Israeli. I guess he might have been a spy, but he seemed sincere. Only God can know. But at least he carried a sign.

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