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Muslims and the First Amendment
by Jonathan S. Tobin
For the past several years, there have been two competing narratives about Islam in America. One put forward by groups that purport to represent believers in Islam and the liberal media would have it that in the post-9/11 era, American Muslims are besieged by a wave of hatred and violence (even though there is no statistical evidence to back up such claims). The other is one articulated by critics of Islam who argue that Muslims are demanding and getting accommodations from government and other institutions that are an unconstitutional establishment of Islamic or Sharia law. Advocates of this point of view are the driving force behind efforts to enact laws that would prohibit recognition or use of Sharia law in U.S. courts. This cause has often seemed to be, at best, the result of overblown fears because, unlike in Asia and Africa where Muslim efforts to make Sharia the law of the land, there is little danger of that happening in Oklahoma or other states where anti-Sharia statutes have been proposed.
However, every now and then a story pops up which makes such fears seem more reasonable. One concerns the assault by a local Muslim on a man wearing a costume during a Halloween parade in Mechanicsburg, Pennsylvania, last year. The attacker said the costume depicted a zombie version of the Prophet Muhammad. The attack was recorded on film and witnessed by a police officer who promptly arrested the assailant, who was later charged with harassment. But, as legal scholar Jonathan Turley notes in his blog, the judge who heard the case not only dismissed the case on the grounds that the offense to Islam was not protected speech but also lectured the victim on the wrongheaded nature of his views. Judge Mark Martin's decision was based on the idea that the assailant, one Talaag Elbayomy, was merely defending "his culture." Turley, who posted a video of the assault and a partial transcript of the judge's comments, concludes that Martin's decision "raises serious questions of judicial temperament, if not misconduct." But I would go farther and point out that the judge's behavior seems to reflect a bizarre notion of Muslim entitlement that is by no means unrelated to the attempt to sell the country on the myth of a post 9/11 backlash.
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