Forums / Political & Legal / Penn Judge: Muslims Allowed to Attack People for Insulting Mohammad

2 years 21 weeks ago, 10:27 PM

samD

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Penn Judge: Muslims Allowed to Attack People for Insulting Mohammad
By Mark Whittington

Fri, Feb 24, 2012
This story comes from the Yahoo! Contributor Network.

COMMENTARY | Jonathon Turley, a law professor at George Washington University, reports on a disturbing case in which a state judge in Pennsylvania threw out an assault case involving a Muslim attacking an atheist for insulting the Prophet Muhammad.

Judge Mark Martin, an Iraq war veteran and a convert to Islam, threw the case out in what appears to be an invocation of Sharia law.

The incident occurred at the Mechanicsburg, Pa., Halloween parade where Ernie Perce, an atheist activist, marched as a zombie Muhammad. Talaag Elbayomy, a Muslim, attacked Perce, and he was arrested by police.

Judge Martin threw the case out on the grounds that Elbayomy was obligated to attack Perce because of his culture and religion. Judge Martin stated that the First Amendment of the Constitution does not permit people to provoke other people. He also called Perce, the plaintiff in the case, a "doofus." In effect, Perce was the perpetrator of the assault, in Judge Martin's view, and Elbayomy the innocent. The Sharia law that the Muslim attacker followed trumped the First Amendment.

Words almost fail.

The Washington Post recently reported on an appeals court decision to maintain an injunction to stop the implementation of an amendment to the Oklahoma state constitution that bans the use of Sharia law in state courts. The excuse the court gave was that there was no documented case of Sharia law being invoked in an American court. Judge Martin would seem to have provided that example, which should provide fodder for the argument as the case goes through the federal courts.

The text of the First Amendment could not be clearer. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof-" It does not say "unless somebody, especially a Muslim, is angered." Indeed Judge Martin specifically decided to respect the establishment of a religion, in this case Islam.

That Judge Martin should be removed from the bench and severely sanctioned goes almost without saying. He clearly had no business hearing the case in the first place, since he seems to carry an emotional bias. He also needs to retake a constitutional law course. Otherwise, a real can of worms has been opened up, permitting violence against people exercising free speech.

It should be noted that another atheist, dressed as a Zombie Pope, was marching beside the Zombie Muhammad. No outraged Catholics attacked him

2 years 21 weeks ago, 10:45 PM

psmalone

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Hell in handbasket

This country is going to hell in a handbasket. There isn't any of this any good for any American. More bullets bigger guns oh yeah more bullets. It's pretty bad when Americans are the outsiders in their own country! Did I mention more bullets!!!

2 years 21 weeks ago, 1:45 AM

greg az

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Heard about this a couple months ago..Guy (arabic name) is a Christian.. Iran arrests him on ONE charge, he's a Christian. i hadn't heard an update on this for sometime, today on FOX they had an ACLU lawyer on ..Yeah i know we all feel the same way about ACLU.. Let me tell you, this guy was great, passionate and made a production of the fact that if we DON'T keep this in the news he's a goner.. Guess last time they did this, the notice of sentence was sent to the family..WITH the body.. and of course the sentence is death, and by beheading.. Not much is known at this time.. their not even sure he's alive, but everyone is praying, and the ACLU (Jewish by the way) got emotional, and asked FOX to continue to keep it a current subject..

On two semi related fronts.. The Afghanistan issue is getting worse.. I don't think we should be involved directly, but thru Arab Nations.. Second issue is Iran.. I'ts a done deal.. they have half dozen warheads by now. I got so mad at Clapper (national security) who actually said he didn't think the decision to pursue a nuke device had been made by the Iranians.. FACT..heard this twice.. actually said he didn't believe that the Iranians had "decided" to pursue a war head at this time.. Not have..pursue one.. I'm speechless!!!

a man has to hold his word, hold his beliefs, and hold a good sight picture.
2 years 21 weeks ago, 11:20 AM

daisycutter

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heard anything about it, your post was the first.
Is "Judge" Mark Martin still on the bench?
Has he been hauled up for judicial misconduct? Is he dangling from a tree, effigy?
Or, most likely, is he enjoying job security and weekly dinners with the obamas?
If you don't have at least one firearm that you got w/o a paper trail you should get one.

iyaoyas
2 years 21 weeks ago, 12:42 PM

samD

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Daisy

If I had any I sure wouldn't broadcast it.

2 years 21 weeks ago, 2:39 PM

psmalone

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I'll vote yes!!!!

I'll vote yes!!!!!! More bullets!!!!!

2 years 21 weeks ago, 4:06 PM

Saint J.M. Browning

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If this is upheld

that means it sets precedent. If anybody insults my religion, I can beat them with impunity. Please uphold this! >:)

"I don't think Hank done it this way" - Waylon

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