A federal judge has ruled that a poster saying "Killing Jews is Worship" can be displayed as an advertisement on New York City buses. 

The advertisement is by a pro-Israel group that says it wants to raise awareness on the dangers of Muslim terrorism.

Bill O'Reilly said on "The Factor" that the message might be lost in the ad's headline, which is "provocative in the extreme."

Judge Andrew Napolitano told O'Reilly that he agrees with the federal judge, citing that "it's not an easy case." 

"The speech is hateful and repellant and certainly provocative," Napolitano explained. "But under the law it does not qualify as hate speech. Hate speech, which is unprotected, is speech which provokes a particular individual to engage in immediate violence." 

He added that if people are provoked to engage in "immediate violence" by the signs, then the court is going to have to readdress this case. 

Napolitano stated that the sign standing alone does not meet the hate speech standard under the law. 

Watch the full video above.


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