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American judge ignores atheists 1st amendment in honor of Sharia
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09-04-2012, 03:49 PM
American judge ignores atheists 1st amendment in honor of Sharia
http://community.beliefnet.com/saadaya/b...isses_case
Quote:"You have that right, but you're way outside your bounds of First Amendment rights," Martin said, according to a recording Perce made of the court hearing. "I think our forefathers intended that we use the First Amendment so that we can speak our mind, not to piss off other people and other cultures, which is what you did."
The judge went on to point out that in many Muslim countries, ridiculing Mohammed could warrant the death penalty under Islamic law.

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10-04-2012, 08:39 PM
RE: American judge ignores atheists 1st amendment in honor of Sharia
That's just friggin' ridiculous. People are so Islamaphobic that they are afraid to case just decisions over court cases involving a member of the Islamic faith. I admit, that guy had balls depicting Mohammed in any way because we all know how butt-hurt some Islamic people can get about it. But the fact is that he was still assaulted. The judge made an incredibly disappointing decision and set a scary precedent.
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[+] 1 user Likes Xerox's post
12-04-2012, 07:47 PM
RE: American judge ignores atheists 1st amendment in honor of Sharia
I love this quiz! It's like Stephen Colbert's "Bush: Great president or the greatest president?" Very funny.

Yes, it's all about precedent like Xerox said, which is why a ruling like this simply must be appealed. If you allow a believer to break the law while practicing his or her faith, then you open up the door for murder of adulterers, rebellious children, and those who work on the Sabbath. I know I'm presenting a fear-mongering slippery slope argument, but it does logically follow. It wouldn't be common, but it would become possible based on precedent.

My girlfriend is mad at me. Perhaps I shouldn't have tried cooking a stick in her non-stick pan.
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16-04-2012, 03:30 PM
RE: American judge ignores atheists 1st amendment in honor of Sharia
It's a magistrate court ruling that carries no weight of precedent. The ruling was reasonable given the charge, harassment, which requires demonstration of intent to harass. Apparently the Muslim was under the impression that blaspheming Mohammed was illegal, and calling 911 to report it seems to back that up. Since he thought he was making a citizen's arrest or something, they were unable to show intent to harass. They didn't go with assault because it's the atheist's word against the Muslim's: there's a video that shows a commotion but it doesn't show the actual occurrence and the cop didn't witness it. Correct ruling, you wouldn't want to spend a year in jail on that evidence would you?

What the judge did wrong was lecture the plaintiff on restraining his free speech rights rather than lecture the defendant on how free speech works in this country. But judges can say pretty much whatever they damn please when indulging in a post-ruling rant. It's unprofessional (and possibly adressable under standards of professionalism), but it's not illegal. IANAL.
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17-04-2012, 01:37 AM
RE: American judge ignores atheists 1st amendment in honor of Sharia
(16-04-2012 03:30 PM)Dean J. Smith Wrote:  It's a magistrate court ruling that carries no weight of precedent. The ruling was reasonable given the charge, harassment, which requires demonstration of intent to harass. Apparently the Muslim was under the impression that blaspheming Mohammed was illegal, and calling 911 to report it seems to back that up. Since he thought he was making a citizen's arrest or something, they were unable to show intent to harass. They didn't go with assault because it's the atheist's word against the Muslim's: there's a video that shows a commotion but it doesn't show the actual occurrence and the cop didn't witness it. Correct ruling, you wouldn't want to spend a year in jail on that evidence would you?

What the judge did wrong was lecture the plaintiff on restraining his free speech rights rather than lecture the defendant on how free speech works in this country. But judges can say pretty much whatever they damn please when indulging in a post-ruling rant. It's unprofessional (and possibly adressable under standards of professionalism), but it's not illegal. IANAL.
Are you blind and/or deaf? The video clearly shows tons and tons of witnesses around, and the Muslim even confessed to laying his hands on him.

Harassment doesn't make much sense, but its pretty clear they have a solid assault case.
Maybe the atheist didn't want to take it that far though...
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