Upholding the First Amendment While Safeguarding Jewish Communities

BY Gabriella Davis

There is no question that unrestricted free speech has placed Jews around the world in great danger, particularly since October 7th. Protests with thousands shouting, “From the River to the Sea” and “Intifada Revolution” are clear calls for the extermination of the Jewish people. Yet, as Jews, we have never shied away from vigorous debate. The liberty guaranteed by the First Amendment is not only integral to free societies, but it also allows us to practice Judaism freely. By limiting where and when protests can take place and by providing adequate security, our government can uphold the First Amendment and safeguard Jewish communities.

Our country was built on the ideal that free speech is integral to a free society; as Jews, we must preserve the right to free speech while protecting ourselves from the potential consequences of hateful rhetoric.

Recall the horrific attack in Sydney, Australia in December 2025. Two Islamist terrorists murdered fifteen attendees of a Chabad Chanukah celebration. Since October 7th, the Australian government has been increasingly hostile towards Israel and has allowed antisemitism to fester unchecked. Who can forget the chants of “Gas the Jews!” in the streets of downtown Sydney, or the screams of “dirty Jews” and “baby killers” in Melbourne? The links between such hostility and the slaughter of innocent Jews on Chanukah are not so tenuous.

As American Jews, the prospect of hateful speech in the public square is as worrisome as it is real. The mayor of America’s largest city, Zohran Mamdani, being well-known for his thinly veiled antisemitic and anti-Israel beliefs, is cause for serious concern. But we cannot remain frozen in fear; instead, we should remind the public of our right to free assembly and self-defense.

First, as a practical matter, we must ensure that the government provides our communities with sufficient security. Reports indicate that there were only two police officers present at the Bondi Beach attack; this force was clearly inadequate. While our synagogues have armed guards and Community Security Service chapters (comprised of volunteer congregants), the state must provide personnel and equipment to meet the needs of every Jewish institution.

Second, and more importantly, demonstrations or incitement calling for the death of Jews, Israel, or the IDF should not be permitted within a defined perimeter around Jewish institutions—synagogues, schools, community centers, and so forth. Recently, Nefesh B’Nefesh held an event at Park East Synagogue in New York, and the city allowed anti-Israel agitators to protest just steps from the synagogue. The proximity of the virulent hate speech to Park East should never have happened, and we must advocate for laws that establish buffer zones around synagogues where protests are prohibited.

Third, we should encourage debate among young people. The internet enables unchecked lies to spread. We must gain a firm understanding of Jewish history so that we can educate others about our religion and relationship to the land of Israel. One of the worst misconceptions after October 7th was that when people attacked, vilified, and slandered the State of Israel, it was not a direct attack on Jews. Israel is part and parcel of our religious identity. The fact that antisemitic attacks have spread widely throughout the world since October 7th makes it plain that there is no distinction between Zionists and Jews. We are one people.

Further, the state must enforce its laws. Protests should be required to obtain permits before congregating to prevent death threats to Jews at our synagogues and schools. If they can’t produce permits, the protestors should be arrested. Moreover, we should ban protesters from wearing masks that conceal their identities. Protesters are more likely to engage in violent rhetoric and behavior if the public cannot identify them. Nassau County, New York, already has such a law, the Mask Transparency Act, enacted in 2024, and upheld despite civil liberties concerns.

The Jewish people have benefited greatly from the rights to religion and free speech in Western nations. While we are living in challenging times, we must remember that only in a free society can we ensure our Jewish existence. Our Western ideals must be maintained, but that does not mean that we cannot fight the hateful discourse and stand up for ourselves amidst growing hatred.