The place where I spent a good chunk of my cancer-fightin’ time – Dearborn, Michigan – is currently making national headlines, as Florida “pastor” Terry Jones (of Quran-burning fame) decided he was going to protest Sharia Law or violent Muslims or something in front of a Mosque in Dearborn. I think most of us would agree that the best way to deal with this fellow would be to ignore him or hold a peaceful, much larger counterprotest. Wayne County Prosecutors, however, decided that the best way to deal with this situation would be to dust off a 150 year old law, argue that Muslims are incapable of handling dissent without violence, and turn this idiot into a First Amendment martyr.
I only know what I’ve read from the (extensive) media coverage, but I cannot imagine any possible way that prosecutors could have handled this worse. Dear Lord, what a disaster. Some thoughts:
1) The obvious result of this is that it gave Terry Jones far more publicity than he ever should have received. Who knows how many people his protest would have drawn. All I know is that it shouldn’t have led to a week of this:
2) Of course, along with giving him far more ink than he deserves, prosecutors turned this guy into a First Amendment martyr. Now millions of people are dropping those “I really hate this guy, but…” lines. You had Imams defending a Quran-burning idiot. This is like Michigan fans saying, “You know, I think they’re being a little too mean to Jim Tressel.” Congratulations, Wayne County Prosecutors. You have united the populace.
3) Maybe it’s just me, but I think this whole thing was really insulting to the Muslim community. Again, I only know what I read from the articles, but it seems the Muslim community in Dearborn was essentially saying, “Let him come. We’ll have a peaceful counterprotest.” I read article after article where local citizens were basically saying, “meh.” A bunch of local religious leaders (of all stripes) came together to organize a peaceful rally somewhere else in the city (since Jones wanted to protest at a Mosque). This, to me, was the perfect way to handle this guy: “You want to come here and call us violent extremists who practice Sharia law, and we’re going to let you come here and say that and peacefully protest elsewhere. And you’re the one carrying a gun.” Could anything else have been more of a slap-in-the-face to Jones’s message?
4) Instead, prosecutors and cops pulled this stunt, and everybody in America who is hearing about this story through one little blurb in a newspaper or a short snippet on a nightly newscast can conclude, “oh look, a bunch of Muslims are threatening to kill this guy because they don’t like what he has to say. See! They hate America!” Prosecutors said things like this:
Prosecutor says "the citizens of this society (Dearborn)" believe that Quran-burning is worse than 1,000 deaths, citiing Imam Qazwini.
And made a huge deal of specifying that the case wasn’t about Terry Jones’s message or the his potential to incite violence, but about protecting Terry Jones from those violent Muslims:
The Wayne County prosecutor, Kym Worthy, said fears that Mr. Jones could incite violent counterprotests led them to court.
While people who didn’t work for the government were saying things like this:
"We think what the prosecutor did by ordering him or requesting that he pay a $100,000 bond, we think that's the worst possible thing she could've possibly done for our community. This is America. In America, we're entitled to free speech," said attorney Majed Moughni.
He is supporting Pastor Jones' right to free speech, even if he doesn't like what he has to say. The Dearborn attorney wanted to hold a "Stop the Hate" rally near Jones' protest, but his permit was denied. The event is being moved to the Civic Center, a move he supports after learning Pastor Jones' plans on bringing his gun.
"We're telling our people to stay away from him. He's a violent man. He's a crazy man, and we want to stay away from crazy people," Moughni said.
And this, from the same Imam Qazwini prosecutors cited in their arguments against Jones:
The imam said Wednesday that Mr. Jones has the right to speak out "even if he is misinformed," but he urges Muslims and others to steer clear of the protest.
The Rev. Terry Jones is taking his message to the nation's largest mosque in Dearborn.
"We are asking people not to attend, not to confront. The man can say what he wants, do what he wants, but we are not interested in a confrontation," Imam Al-Qazwini said.
He said Mr. Jones "apparently is trying to provoke the Muslim community" by coming to Dearborn and "defying them in their own stronghold."
Instead, the imam said, he urges people of all faiths to attend gatherings at the Islamic Center of America at 4 p.m. Thursday and the Dearborn Civic Center at 4 p.m. Friday.
"The plan is to fight hatred with love, to show the world that there are two ways to communicate -- one is hatred and bigotry, which Pastor Jones has been following, and the other is by having dialogue and showing the world our unity and our commonalities, and this is what we are planning," Imam Al-Qazwini said.
(Note: The “worse than 1,000” deaths statement attributed to Al-Qazwini above seems to be a particularly disgusting move by prosecutors and law enforcement. The statement was mentioned in court by the Dearborn Police Chief. It appears that the guy who allegedly made the statement didn’t (or wouldn’t) even testify against Jones).
And held a counterprotest that looked like this (from the Free Press):
But I fear most Americans weren’t following this story close enough to know all this. Instead, all they hear is that the government was so afraid those violent Muslims were going to blow something up that they burned the First Amendment to silence a Christian they didn’t like. Which did more for Terry Jones’s hysterical argument (as some commentators correctly noted) that Dearborn is a place filled with violent Muslims who practice Sharia law than Jones ever could. Jeff Wattrick from MLive gets it:
Now, the cynics who get paid exploiting the “creeping Sharia” lie win. The American heartland’s ignorant obsession with “Mooslem” plots will only grow thanks to Worthy and O’Reilly’s efforts to thwart Jones.
Hate is a pretty weak weapon when it’s not aided by the government.
5) This entire thing was ostensibly to prevent conflict and make Jones pick up the tab for police overtime. So of course, this happened:
Helicopters are still buzzing around above the Dearborn courthouse. Tight security around here. Livonia sent special response team to help.
And this:
Dearborn police led Pastor Terry Jones out of the courtroom. He's on his way to jail. Chaos as group of radicals yell at Jones supporter.
And this, captioned “A Wayne County Sheriff's Deputy breaks up a small fight between Pro Rev. Terry Jones demonstrators and Muslims outside the Islamic Center of America in Dearborn, Mich.”
And you can’t have a protest in Southeast Michigan without BAMN:
Actually, there was a disruption of the peace in the courthouse lobby after the case adjourned. A decidedly non-Muslim gaggle from the always shouty BAMN decided the day would not be complete without an unnecessarily loud protest. They were annoying, not violent, and court officers quickly flushed them out of the building and onto the public square.
And two other incidents that I read about Friday night, but that got excised during the Detroit News’s ongoing consolidation of stories on this issue: First, you’ll be happy to know that a bunch of cops did get to roll up to Islamic Center in Dearborn in twenty police cars for, yes, a “show of force.” Second, one article I read mentioned that “tempers flared” during the non-incident because a citizen was being interviewed in an area designated for “media only.” Police roughed him up as he shouted, “This is a free country! I can be interviewed here if I want to!”
6) As a lawyer [DISCLAIMER: NOT YET LICENSED TO PRACTICE IN THE DISTRICT OF COLUMBIA. I SHOULD BE CONSIDERED COMPLETELY INCOMPETENT AS AN ATTORNEY AND AS A HUMAN BEING UNTIL I GET THAT PIECE OF PAPER], I’ve been trying to figure out how this is legal. Best I can tell, it’s not, and I’m sure the citizens of Dearborn and Wayne County are going to be thrilled when they cut this guy a check sometime in the future. Former Macomb County Prosecutor had some good comments on the legal aspect of this fiasco:
Former Macomb County Prosecutor Carl Marlinga agreed the procedure being used against Jones runs contrary to Supreme Court precedent.
"There appears to be no evidence, no allegation even that Rev. Jones has made a threat against a person or has made a threat against the property of another," Marlinga said. "The Dearborn Police and Wayne County prosecutor are mixing apples and oranges."
Marlinga said regardless of the outcome of today's trial, Jones will have grounds for legal action. The city is better off if it loses in court today, because they "won't have this mistake to be looking at," Marlinga said.
"Even if you think someone will say something that will inflame a crowd, you cannot use the court process in advance to rule on whether or not a person can speak," he said. "Constitutionally, you just can't do it. You can't say if you don't put up money for a bond we're not going to let you speak."
And the folks over at the Volokh Conspiracy think this is not in the realm of things the government can do under the Constitution.
I also want to mention this story: During a small St. Patty’s day at our apartment in Ann Arbor last year, the cops showed up. We had like 15 people there and it was the middle of the day. And we were law students in our mid to late 20s. We got after it, but this wasn’t exactly a raging frat(ernity) party.
We were chatting with the cops – who were cordial, by the way – when one of the members of our party mentioned that we weren’t making that much noise, and even then, it was before 10pm (the time the Ann Arbor noise ordinance goes into effect), and even then, we were on private property. The cop replied with something like, “That doesn’t really matter. There’s still disturbing the peace, or disorderly conduct, or harassment” (the cops claimed they were called by a passer-by, which…huh?). Knowing the insanely broad language used in many of these statues, I asked the cop, “So hypothetically, no matter what we were doing, you could probably find a way to write us a ticket?” “Oh yeah,” the cop replied.
The point is, if you go outside (or even if you don’t, for that matter) and do something that might possibly bother somebody, there’s always some conceivable way a cop or a prosecutor could get you for violating some law. This Jones prosecution – having a trial and taking somebody to jail before anything even happened – should scare the hell out of you regardless of Jones’s message. I mean, honestly, next time the Tea Partiers want to protest in DC, or union members want to protest in Lansing or Madison, all somebody has to do is e-mail a couple death threats to the local cops. Boom – protest silenced.
7) One separate point on the legal aspect: From what I read, the issue in the “trial” was NOT whether Terry Jones was going to break the law, and it couldn’t be a referendum on his message. Rather, the key issue was whether Jones’s protest would provoked a violent reaction by others. In attempting to prove this, prosecutors implicitly adopted Terry Jones’s arguments: that the citizens of Dearborn were apparently incapable of handling Jones’s protest without violence. That’s why they elicited testimony about death threats and some Muslims viewing the burning of the Quran as “worse than 1,000 deaths.” Of course, they did this all through the testimony of a single police officer. As far as I can tell, prosecutors did not call a single Dearborn resident or clergyman of any faith.
8) And of course, Jones is planning to do this all over again next week.
9) I’m actually significantly more irritated by this after writing all that. I really don’t know what else to say. So I’ll leave you with this excerpt from Dawud Walid, Executive Director of the Council on American Islamic Relations in Michigan:
As Jones is an ignoramus and a charlatan of a pastor, I still affirm that much of the hoopla could have been averted if Jones would have been allowed to protest in front of the Islamic Center of America. Having been defended via an ACLU brief, he’s now fashioned himself as a 1st Amendment martyr. Jones’ plan to come back to Dearborn to protest in front of the Islamic Center of America next week could have been averted.
I continue to say that Wayne County Prosecutor’s office raised Jones’ profile with the legal injunction against him. Furthermore, the Prosecutor’s argument that a riot would have broken out in Dearborn ala the Afghanistan United Nation office tragedy was a diss to Metro Detroit Muslims. The ACTS 17 group came to Dearborn without being harmed and the radical Westboro Baptist Church protested recently in front of the same mosque without incident. The Imams Council of this area, which I am a part of, intentionally coordinated interfaith activities with Christians to divert the chance of confrontation. The only persons who were extremely rowdy yet non-violent relating to Jones being in Dearborn were from BAMN (By Any Means Necessary), and they are not Muslims!
Also the argument that there could have been a dangerous situation and that he shouldn’t speak in front of the mosque because of a potential riot is bogus from another perspective. If anyone speaks and is not planning violence against persons or structures, he/she should not be blocked simply because of the potential that someone may harm them. His carrying a gun is a non-issue though the klutz accidently discharged his firearm Thursday night at the FOX 2 parking lot in a car. The liability of potential violence is not upon the speaker if he is not telling people to be violent. Any violent acts would be the criminality of the perpetrators of violence. Most public figures, who take controversial stances including myself, have received death threats. Should other speakers be barred because they may say something politically incorrect in front of particular locations to reinforce their points? I don’t think so.
So though I despise the burning of the Torah, Psalms, Gospel and Qur’an and I believe that it is wrong to protest in front of houses of worship from a spiritual perspective, I also think that we can go down a dangerous path when we begin blocking persons from speaking on public property at any location. It’s Jones today, and it could be you and me tomorrow.
I hope that this is the message the rest of the world hears. Sadly, that won’t be the case.