The Volokh Conspiracy

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Free Speech

Federal Prosecution for Spray-Painting "Hamas Is Comin" on Monument in D.C.

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From the government's supporting affidavit in U.S. v. Mahdawi (D.D.C.); Mahdawi's actions were part of a broader demonstration at which some "individuals … pulled down flags affixed to the flagpoles; burned flags and objects; interfered with law enforcement's ability to place individuals under arrest; and sprayed graffiti on multiple statutes and structures," causing total cleanup costs of $11K:

On July 24, 2024, between approximately 3:30 p.m. and 3:45 p.m., an individual later identified as ZAID MOHAMMAD MAHDAWI climbed the monument located in the center of Columbus Circle ….

After climbing to a ledge, MAHDAWI began to spray paint the monument…. MAHDAWI spray painted "HAMAS IS COMIN" across a side of the Columbus monument…. After completing the phrase, MAHDAWI spray-painted an inverted red triangle above the slogan.

Based on the foregoing, your affiant submits there is probable cause to believe that MAHDAWI violated 18 U.S.C. § 1361 by willfully injuring or depredating any property of the United States in an amount less than $1,000….

See also the government's press release.