BOCA RATON, Fla. — Neighbors in Boca Raton call it antisemitism but the U.S. Constitution might not.
Boca Raton community members say packets with disturbing messages were thrown into their yards. And Boca Raton Police are investigating.
"It's still hate speech at the end of the day and it shouldn't be put in a neighborhood like that," one resident told WPTV.
"If I were Jewish, I don't know how I would feel coming out and seeing that. It would probably break my heart."
The message contained in the packets has been blurred.
It was inserted into a zip lock bag also filled with what appears to be pellets.
"Its really a shame that people feel they need to get other people to hate people," the neighbor said.
But however disgusted neighbors and local leaders may be, Palm Beach County State Attorney Dave Aronberg tells me criminal laws likely won't apply here because of the broad protection of the First Amendment and how the flyers are written.
"This is a particularly disgusting and cowardly act, but unfortunately under our criminal statutes its not a crime because of the first amendment," Aronberg said.
Former FBI agent Stuart Kaplan echoes those beliefs, adding that the words are testing the limit.. but do not seem to be a violation of criminal laws.
"The long or the gray area where they end up falling off the cliff is if in fact by using that expression, they in fact incite people to carry out acts of violence, then its arguably actionable and a violation of criminal law."
But because the packets were thrown into these residents' yards and onto their driveways, Aronberg said his office has a recommendation.
"The city of Boca Raton could conceivably enforce its anti-littering laws because you're not allowed to throw things onto someone's private property," Arnonberg said. "That would be littering and you could get a $150 fine per occurrence and be forced to pick up trash."
Boca Raton police said investigators will be assigned to determine what, if any charges are applicable.
Anti-Defamation League Regional Director Lonny Wilk said this incident is part of a rising trend of antisemitic rhetoric based on their research state-wide.
In 2020 Florida saw a 40% increase in antisemitic incidents and another 50% rise in 2021.
They are still compiling data from 2022 but he says he expects to see another increase.