By Mark Goldfeder
Thursday, May 07, 2026
On Tuesday night, the preschool attached to Park East
Synagogue closed early because staff could not ensure a safe dismissal.
Outside, protesters had gathered to demonstrate against an aliyah event,
a gathering where Jews could learn about fulfilling the commandment of living
in Israel. Some of the rioters chanted antisemitic slogans; some carried
Hezbollah flags. New York City Mayor Zohran Mamdani had just issued an official
statement explaining, in essence, that even though he would begrudgingly allow
police protection, the synagogue really had it coming.
Mamdani’s office said he was “deeply opposed” to the
event because it allegedly promoted property in West Bank settlements, which
the statement called “illegal under international law.” That statement was
wrong in three ways.
First, it defies the logic of basic governance. When a
crowd targets a house of worship, the mayor’s job is not to explain why the
crowd has a point. It is to protect the people inside. That duty does not
depend on whether the mayor approves of the sermon, the speaker, or the
politics of the people attending. It extends to synagogue members, guests,
staff, clergy, and the children who could not get home. Security is not a
favor. It is the job.
Second, it violates the Constitution. Government
officials speak with public authority. Their words signal enforcement
priorities, invite public pressure, and chill protected activity. That is why
the First Amendment treats official hostility differently from private opinion.
A mayor may criticize Israeli policy, condemn settlements, and oppose any
foreign-policy position he likes. What he may not do is use the
authority of his office to declare that a lawful, religiously significant event
at a synagogue is morally suspect because of the viewpoint or identity
commitments of the Jews inside.
The Supreme Court has been clear on this. In Rosenberger v.
Rector (1995), it held that the government may not treat speech
differently based on the viewpoint of the speaker — and a mayor who singles out
a synagogue event because it reflects Zionist commitments is doing exactly
that. In Bantam
Books v. Sullivan (1963), it recognized that official condemnation can
chill protected expression without any formal prohibition. In NRA v. Vullo
(2025), decided last year, the Court reaffirmed unanimously that officials may
not use public authority to pressure others into punishing disfavored speech.
The Constitution is not fooled by informality. What a mayor cannot do by
ordinance, he cannot do by statement directed at a religious institution while
a mob gathers outside it.
Aliyah is not unlawful because Mamdani dislikes
Zionism. For most Jews, connection to Israel is not a detachable political
position. It is bound up with history, peoplehood, theology, and memory. In Masterpiece
Cakeshop (2018), the Supreme Court held that official hostility toward
religious motivation itself constitutes a constitutional violation, regardless
of whether formal action follows. Mamdani’s statement, issued as his
constituents could not get their children home safely from synagogue, fits that
pattern precisely. The government does not get to decide which Jewish
gatherings are acceptable and which deserve condemnation. And the harm here was
not abstract. A Jewish preschool closed early because administrators were
worried about getting the children home from school safely. That is what
chilled religious life looks like in practice.
The equal protection concern runs alongside the First
Amendment problem. Under Arlington Heights (1977), discriminatory intent can
be inferred from the sequence of events, departures from normal practice, and
patterns of conduct. Mamdani has deleted city statements about protecting
Jewish New Yorkers, rescinded an order adopting the International Holocaust
Remembrance Alliance’s definition of antisemitism, and folded the Office for
the Prevention of Hate Crimes into a broader office. He stood at One Police
Plaza, acknowledged that Jews absorb 57.6 percent of New York City hate crimes
— at more than five times their population share — and then changed the subject
but not the strategy.
Tuesday night was not an aberration. It was a pattern
producing a result: A Jewish preschool closed early, and the mayor’s first move
was to explain the grievance of the people outside. When a public official uses
his office to condemn Jewish institutions at the very moments those
institutions need protection, courts and citizens are entitled to ask whether
the government is acting neutrally. Under Monell v.
Department of Social Services (1978), a city bears direct liability
when an equal protection violation flows from official policy or custom rather
than individual misconduct. That is what a pattern of deliberate, documented
choices looks like. He is building the case against the city himself.
Lastly, consider the law Mamdani actually invoked.
International law gives the mayor of New York no license to condemn lawful
synagogue activity. And even on his own theory, he was wrong. The provisions
most often cited in this debate come from Article 49 of the Fourth Geneva
Convention, which regulates the conduct of an occupying power — deportation,
forcible transfers, and state-directed population movement. They say nothing
about private individuals relocating voluntarily. They say nothing about a Manhattan
synagogue hosting a discussion of aliyah. Invoking them to justify
official condemnation of a Jewish community event is not legal reasoning. It is
absurd.
The city should have said one thing clearly: No house of
worship will be targeted or condemned because of the views expressed inside.
That sentence should be automatic. Instead, the mayor’s office condemned the
synagogue first. That choice tells Jewish institutions that protection may come
with ideological conditions. It tells protesters that the city understands and
sympathizes with their grievance. It tells Jewish parents that even when their
children’s school closes early, the mayor may still begin by scolding the Jews
rather than protecting them from the mob.
Mamdani is free, as a private citizen, to oppose Israeli
settlement policy. He is not free, as mayor, to suggest that a Jewish preschool
and synagogue had the mob coming. On Tuesday, he did exactly that.
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