| It’s not freedom of speech when you’re strewing garbage. Next time try talking to someone, which is what “speech” implies. |
Brokaw, of Zanesville, Ohio, appeared in district court on Aug. 28 to face the charges.
According to testimony presented by Zone 4 Pittsburgh Police Detective Fred Wright, the antisemitic literature was thrown May 18 from a Dodge Durango, later determined to be owned by Brokaw. Doorbell cameras caught the action and the vehicle’s license plate.
Brokaw was later charged under two statutes: one prohibiting the authorization of littering from a vehicle, and one prohibiting littering on "any highway, or upon any other public or private property without the consent of the owner thereof."
The defendant’s attorney, Joshua Smith, argued that the multiple charges should be combined, and that his client’s alleged actions amounted to one act. He called the voluminous number of charges "inequitable."
Smith also attempted to raise First Amendment issues, arguing that police would have most likely only charged Brokaw once, or not at all, if the littered flyers didn’t contain antisemitic messages.
The flyers thrown from Brokaw’s vehicle contained classic antisemitic conspiracy theories including, "Every single word of the Jewish Talmud is satanic" and "The Protocols of the Learned Elders of Zion: The Jew’s Plan for World Domination."
District Judge Craig Stephens appeared unmoved by Smith’s arguments, and suggested the defense attorney could raise those issues if he appeals the verdict.
Asked outside the courtroom if Brokaw was antisemitic, Smith didn’t answer. Instead, he called the term a "very loaded word" and maintained that his client was attempting "political advocacy."