Religion
Related: About this forumAn Atheist, a Muslim and a Judge: What Really Happened
February 29, 2012
By Cathy Young
The story that flew around the blogosphere last week was guaranteed to cause an uproar: A Muslim assaults an atheist for mocking Mohammed, and a Muslim judge dismisses the charges and berates the victim -- and it all happens here in America. Suddenly, warnings about the threat of Sharia law on our shores got a strong boost.
In fact, there was no "Sharia court," and the judge is not a Muslim. But, however egregious the misreporting of the story and the vilification of the judge -- Cumberland County, Pa., magistrate Mark W. Martin, who graciously answered my queries in an email exchange -- the actual facts of the story are troubling. Judge Martin's intent may have been entirely benign, but his handling of the case sends a bad message not only about freedom of speech, but about the place of Islam in American culture.
It all started with a Halloween parade in which Ernest Perce V, head of the state chapter of American Atheists, marched as "Zombie Mohammed" -- with turban, fake beard, and chants of "I am the prophet Mohammed, zombie from the dead." (A fellow atheist activist was "Zombie Pope." An offended Muslim immigrant, Talaag Elbayomy, approached Perce and threatened to call the police, apparently believing that such blasphemy was against the law; Perce claims Elbayomy spun him around and grabbed his neck while trying to pull off his beard and his "Mohammed of Islam" sign. Elbayomy was charged with harassment.
On Dec. 6, Judge Martin dismissed the case for lack of evidence. He also gave Perce a lengthy tongue-lashing, chastising him for everything from ignorance of Islam to failure to understand the importance of religion to Muslims to an "ugly American" disregard for other cultures. Noting that Perce's actions would have been punishable by death in many Muslim countries, he continued, "Here in our society, we have a constitution that gives us many rights, specifically First Amendment rights. It's unfortunate that some people use the First Amendment to deliberately provoke others." He told Perce that while he had the right to be offensive, "youre way outside your bounds on First Amendment rights."
http://www.realclearpolitics.com/articles/2012/02/29/an_atheist_a_muslim_and_a_judge_what_really_happened_113293.html
dmallind
(10,437 posts)edhopper
(33,635 posts)(though I disagree with him) is saying this is a "shouting Fire in a theater" type of thing.
dmallind
(10,437 posts)grantcart
(53,061 posts)Saying that you are "The zombie Pope" is not blasphamy, to be equivalent it would be "I am the zombie Jesus". Saying that you are the zombie Pope would be equivalent to saying that you are the zombie Ayathollah, which would be rude but not blasphamy.
It still wouldn't have the same emotional impact as saying "I am the zombie Mohommed".
A more equivalent emotional context would be if you walked into a traditional Catholic neighborhood dressed in a costume and shouted "I am the slut whore called the Virgin Mary". I think that a number of judges would find that to be "fighting words" that were intended to incite violence and could be an exception to the First Ammendment.
Fumesucker
(45,851 posts)grantcart
(53,061 posts)http://www.freedomforum.org/templates/document.asp?documentID=13718
The context would determine whether or not it met the standard. If you stood outside of a Catholic Church on an Easter Sunday and said "Mary was a whore" you might be able to qualify that as 'fighting words'
I am not arguing that it does here, simply to reply why saying "I am a zombie Pope" and "I am Zombie Mohammed" are in now way equivalent, which was the reply I was referring to.
exboyfil
(17,865 posts)an effigy of a lynched black man
Stealing a flag from two individuals preparing to burn it (Rick Monday)
Tearing up a picture of the pope on national tv and saying fight the real enemy
A crucifix in a jar of urine
1st amendment allows for lots of interesting things
Fumesucker
(45,851 posts)But plenty to berate the atheist for being insensitive.
What a surprise..
Kurmudgeon
(1,751 posts)prov·o·ca·tion
? ?[prov-uh-key-shuhn] Show IPA
noun
1.
the act of provoking.
2.
something that incites, instigates, angers, or irritates.
3.
Criminal Law . words or conduct leading to killing in hot passion and without deliberation.
Assault is assault, the Muslim should have been charged before it happens again.
However, provoking people is asking for it, plain and simple.
Between Phelps and a million people on message boards, most Americans are used to it and ignore it for what it is.
Someone newly here, like the immigrant in this story, may not have built up the same amount of tolerance.
Be careful who you hassle about their beliefs, responses are not as predictable as you may think.
ZombieHorde
(29,047 posts)the definition you posted.
Kurmudgeon
(1,751 posts)ZombieHorde
(29,047 posts)Kurmudgeon
(1,751 posts)Fumesucker
(45,851 posts)I guess that's provocation enough, eh?
Kurmudgeon
(1,751 posts)Why don't you admit you're just assuming that? Or perhaps it's even more personal.
If so, then that would have nothing to do with your beliefs or lack of the same.
Fumesucker
(45,851 posts)Put on Darwin sticker, have vehicle vandalized three times in about nine months.
Take off Darwin sticker, never another case of vandalization.
Kurmudgeon
(1,751 posts)However, I don't put political stickers on my vehicles for the same reason.
2ndAmForComputers
(3,527 posts)...are often used in other attempts at defending the indefensible, and it doesn't always involve religion.
Think a bit and you'll get what I'm talking about.
Kurmudgeon
(1,751 posts)I'm not attempting to defend, I'm just pointing out that some will be provoked.
Best not to do that needlessly, Think a bit and you'll get what I'm talking about.
2ndAmForComputers
(3,527 posts)Thanks for the laugh.
Response to 2ndAmForComputers (Reply #35)
Post removed
cleanhippie
(19,705 posts)But then, you already know that.
Kurmudgeon
(1,751 posts)Here you go, look, it is provocation, it's right there in the title!
http://dictionary.reference.com/browse/provocation
cleanhippie
(19,705 posts)You brought up the definition, and are applying it in its broadest sense, so are you in disagreement that using your application of this word to your posts does make them provocative?
Kurmudgeon
(1,751 posts)Provocation was not intended by me.
I placed the definition for reference, you accuse me of applying it when I only provided it.
My original point was that some folks in some areas are more easily provoked than others, and you should expect it.
Nothing more, nothing less.
cleanhippie
(19,705 posts)You are engaging in the exact same type of behavior you claim to deplore.
Thats called hypocrisy.
ZombieHorde
(29,047 posts)and I am glad for that. I still don't like the ruling.
Jim__
(14,088 posts)According to the judge it's a he said/he said. If that's all there is, then there's reasonable doubt.
ZombieHorde
(29,047 posts)Jim__
(14,088 posts)Last edited Fri Mar 2, 2012, 07:27 AM - Edit history (2)
Here is a recording of (I believe) the entire trial:
There is no confession. You can hear the judges ruling at the end - insufficient evidence - which, based on his description of the law, is correct.
The police officer testifies that on the night it happened, he asked Elbayomy if there was physical contact and he answered yes - but he (Elbayomy) couldn't remember the specifics. At the trial, Elbayomy said there was no contact.
ZombieHorde
(29,047 posts)Jim__
(14,088 posts)ZombieHorde
(29,047 posts)Jim__
(14,088 posts)If he had a witness, he should have brought him to court.
cbayer
(146,218 posts)distorted to make it look like this person was attacked because he was an atheist.
The facts, as we know them, do not show anything of the kind. He was attacked because he was dressed as a zombie Mohhamed, not because he was an atheist.
If the alleged perpetrator was all about attacking atheists, he would have just as likely attacked the other zombies.
Whether the attack was provoked or whether the judge did the correct thing are other matters entirely, imo.
dmallind
(10,437 posts)It wouldn't be attack people because they were Christians? You'd "correct" people who said otherwise? Sure.......
And no the issue of provocation is not a fucking "whether" at all. Would you make it a "whether" a scantily clad woman provoked rape or not by inflaming the passions of her attacker? Is it a "whether" church-doorknockers deserve to be beaten for disturbing people who disagree with them? Would you state there was the slightest doubt "whether" any of those were provocations? Of course not! You wouldn't dream of even making it a question that such assaults were deserved, and it's a sure sign of your obvious hate for atheists that a "whether" would come within 500 fucking miles of your thoughts on this utterly unprovoked assault.
cbayer
(146,218 posts)was wrong and that the judge's opinion was equally as wrong. I was merely saying in this post that those are different areas of discussion. So your accusations that I hate atheists are completely out of line.
My only point here is that the perpetrator attacked this individual because of his costume, not because of his atheism. Wearing a zombie Mohammed costume could have just as well been done by a fundie.
Goblinmonger
(22,340 posts)I'm sure the outrage in this country would be much different than it is for the atheist.
cbayer
(146,218 posts)Goblinmonger
(22,340 posts)What a well oiled machine of complaint that is. I bet if it weren't an atheist, there would be only like 10 Christians calling to complain.
Seriously, that's your argument. That the guy claims to have received 200 calls and emails? I wonder what percentage that is of the FFRF membership, even. You think the outcry would have been equal had it been a Christian at the end of his ruling? Hell, Robertson would have fired up about 2000 in the first 10 minutes of his broadcast alone, probably.
rug
(82,333 posts)Goblinmonger
(22,340 posts)But I have no way of knowing. But I do know that to say that there was an uproar because of this ruling and to use 200 emails/calls as evidence of that is just silly. That is a very minor number. I know that as a percentage of the US population, 200 is probably a negative exponential of 5.
2ndAmForComputers
(3,527 posts)Now, the judge's reaction, on the other hand...