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Where Things Stand by Hugh Fitzgerald

More than 14 years have passed since Americans have had their attention forcefully fixed on the reality of Islamic terrorism. Until September 11, 2001, with the attacks on the World Trade Center and the Pentagon, most people in America — and in Europe — could be forgiven for assuming that they would not become the targets of Arab – and Muslim – terror attacks. That was something for Israelis to worry about. And if they had not been guilty of what the Arabs saw as “occupation of Arab lands” (for decades the mantra justifying terrorist attacks on Israel), why should they be targeted?

That comforting assumption evanesced in the face of more attacks by Muslims on targets all over Europe: in Amsterdam, Theo van Gogh was killed for the crime of making Submission, a movie about Muslim women. In 2004 in Madrid, at Atocha Station, in the same year, Muslim bombs claimed Spanish victims, though Spain’s government had taken a largely pro-Arab line; in London, in 2005, innocents on both busses and the Underground were the victims of Muslim attacks, apparently because British troops were in Iraq and Afghanistan. In France, there have been murderous attacks on French Jews, not Israelis, including the attack on the Hyper Cacher, a kosher market. And there have been attacks on cartoonists, of various nationalities, who dared to mock Muhammad – the Charlie Hebdo staff in Paris was massacred, and in Denmark attempts – fortunately unsuccessful — were made on the life of Lars Vilks. In both cases the putative crime was “blasphemy.”

Not everyone was prepared to surrender: in the United States, Pamela Geller helped to organize a Draw-Muhammad contest in Texas, and for her pains now finds it necessary to be accompanied at all times by security guards. Indeed, one could fill up pages merely listing Muslim attacks either planned or carried out within Europe and North America; still other pages would be needed to list all the Muslim attacks on non-Muslim targets in such varied places as Mumbai, Beijing, and Bali. Clearly something larger than that Arab anger over Israeli “occupation” explains these worldwide attacks.

As more and more people in the West are beginning to realize, the “root cause” of all this violence by Muslims against non-Muslims is to be sought not in a local grievance, but in the ideology of Islam itself. The personal testimony of ex-Muslims such as Ibn Warraq and Ayaan Hirsi Ali and Ali Sina and Wafa Sultan, the analyses provided by Western students of Islam such as Robert Spencer and Bat Ye’or, have had their slow and steady effect. This small army of truth-tellers dissects the contents of the Qur’an and Sunnah (which consists, in written form, of both the Hadith and Sira), and for this have been described as “bigots,” but it becomes harder and harder to ignore or refute their evidence.

Among the learned analysts determined not to listen either to the apostates or to such people as Spencer, one comes immediately to mind. John Esposito, who created the Center for Muslim-Christian Understanding, associated with Georgetown, can be counted on to ignore the contents of Islam and to serve as an apologist. Alwaleed bin Talal, a Saudi prince, is now that Center’s main funder, and the Center itself was renamed the Alwaleed bin Talal Center for Muslim-Christian Understanding. Esposito has a long record of managing to find ways to ignore or dismiss the textual evidence that Spencer, Ibn Warraq, and others adduce from Qur’an and Hadith.

But money alone does not explain why so many people in the West have been so ready to ignore the evidence of Muslim malevolence, of widespread support for violent Jihad. Many In the West simply don’t want to see what is staring them in the face. For if Islam really does inculcate permanent hostility toward Infidels, what, then, is to be done about the tens of millions of Muslims already ensconced in Western lands? Could it really be that, as suggested by some, the adherents of Islam see the world as uncompromisingly divided between Dar al-Islam, the lands where Islam dominates and Muslims rule, and Dar al-Harb, the Domain of War, that part of the world which has not yet come under the sway of Islam and rule by Muslims? Could it really be that it is incumbent upon Muslims to wage Jihad, that is, the “struggle” to ensure that the whole world ultimately comes under the sway of Islam, so that Muslims rule everywhere? Even if that goal sounds fantastic to Infidels, there are enough Muslims, it seems, among the more than 1.2 billion in the world, who apparently do not agree, and are willing to keep trying. And the more their numbers increase inside Dar al-Harb, the greater the threat they pose.

Could it really be, after all, that Israel was only one target of Muslim aggression among many, in a much larger war, first to regain all the territories once in Muslim possession (Israel, Spain, the Balkans, Sicily) and then, after those re-conquests, to fulfill the duty to work to spread Islam until it everywhere dominated? And why did this explosion of violence begin not 50 or 100 years ago, but just in the last two decades?

A Saudi cleric, Dr. Nasser bin Suleiman Al-‘Omar, noted on Al-Jazeera TV on April 19, 2006:

The Islamic nation now faces a great phase of Jihad, unlike anything we knew fifty years ago. Fifty years ago, Jihad was attributed only to a few individuals in Palestine, and in some other Muslim areas.

How do things stand now, in 2015? The doctrine of Jihad wasn’t suddenly invented in the past fifty years. It’s been the same, more or less, for 1350 years. It had fallen into desuetude when Muslims felt themselves to be weak, but did not, and could not, disappear. What happened to make things so very different in recent decades? Some might point to the end of “colonialism.” They might note, for example, that the French, after forty years in Morocco and Tunisia, had withdrawn from both by the mid-1950s, and from Algeria in 1962. They might note that the British garrisons in Aden and elsewhere along the Persian Gulf had been withdrawn, largely for financial reasons, and that Saudi Arabia itself had never been subject to colonial rule. They might note the withdrawal of the British from India, and the creation of an Islam-centered state, in what was then West Pakistan (now Pakistan) and East Pakistan (now Bangladesh). The Dutch abandoned their rule over Muslims in the East Indies (what is now Indonesia). But the end of colonial rule over Muslim peoples, more than a half-century ago, is not enough to explain the current violence and threats by Muslims worldwide.

Three developments explain the explosion of Islamic aggression in the last two decades, developments which permitted the Jihad to widen in scope and no longer be merely a small-scale Lesser Jihad against Israel:

1) First, there is the money weapon provided by the OPEC oil bonanza. Inshallah-fatalism and hatred of innovation (bida)—both tend to hinder economic development in Arab and Muslim countries. You are likely to put in less effort if, in the end, Allah decides the outcome. And Muslim distrust of innovation dampens the desire of individuals to jettison age-old methods and to introduce new ways of manufacturing and distribution. Muslim Arabs have acquired fantastic sums, nonetheless, because such acquisition required no effort on their part – it merely reflects an accident of geology. Since 1973, Arab and other Muslim-dominated oil states have received close to 25 trillion dollars from the sale of oil and gas to oil-consuming nations. This constitutes the greatest transfer of wealth in human history. The Muslim recipients did nothing to deserve this. Many interpreted the oil bonanza as a deliberate sign of Allah’s beneficence, inshallah-fatalism in their favor. That money did not just save them from poverty, but made many of them fabulously wealthy. And the higher prices that the OPEC cartel for a while managed to exact could even be interpreted as a kind of Jizyah, exacted from the Infidels.

What have the Arabs done with that twenty-five trillion dollars in OPEC money that they received over the past one-third century? They did not create paradises of artistic and scientific creation. Their peoples continue to rely on armies of wage-slaves to do the real work; in Qatar, for example, one-tenth of the population, the native Qataris, are serviced by foreign workers, Arab and non-Arab, who make up the remaining nine-tenths. Arab oil states have bought hundreds of billions of dollars’ worth of Western arms. And this has created a network of middlemen, bribes-givers and bribes-takers, and Western hirelings involved not only in arms sales, but also in the business of supplying other goods and services to these suddenly rich oil states. And these people not unnaturally find ways to explain away or divert attention from the less pleasant aspects of the countries with which they are involved. Saudi Arabia, for example, has long enjoyed the support of powerful Western business interests for whom Saudi Arabia is a major client; these interests have a stake in continued good relations and are not about to let unpleasant truths (such as the hatred of Infidels found in Saudi schoolbooks) get too much attention. Thus has the oil money become the fabled “wealth” weapon of the Jihad, by which boycotts, and bribery, and the dangling of profitable contracts, contributed to creating a vast and loyal constituency among some influential and meretricious people in the capitals of the West.

How else have the Arabs spent that oil money? As mentioned above, on wage-slaves, those foreigners who, in Saudi or Qatar or the Emirates, arrive to do all the work. On palaces for the corrupt ruling families and their corrupt courtiers. On foreign real estate at the highest end, and luxury goods. It’s not only the ruling families who help themselves to the oil wealth – there’s so much to go around. Play your cards right and you could share that wealth, even if you are not a prince, princeling, or princelette of the Al-Saud family, but merely a lowly commoner. The original Bin Laden, founder of the clan, arrived in Saudi from Yemen, became a successful contractor, even won contracts for building in Mecca, and become fabulously rich. Courtiers such as the commoner Adnan Khashoggi began as a middleman in arms deals and made a fortune. Many started out as such fixers and middlemen in the Arab Gulf states and Saudi Arabia, and then metamorphosed into legitimate businessmen.

This creates a class of people who profit from, and support the regime. In the same way, the rich Arabs have created a lobby of Westerners, who divert attention from Islam’s tenets and teachings. The highly profitable contracts that have been given to Western businessmen for the construction of office parks, hospitals, apartment complexes, military cities have created a natural lobby in the West for Arabs and Muslims, consisting not only of those who receive such contracts, but also of others, including Western public relations experts, former government officials, journalists, academics, whose services are made available to the rich Arabs in presenting their case. Such institutions as the Center for Contemporary Arab Studies, or, again, John Esposito’s Alwaleed bin Talal Center for Muslim-Christian Understanding, both in Washington and in England, such as the Arab Studies programs at Durham and Exeter and many departments of Islamic studies or Middle Eastern history, have been staffed by apologists for Islam. Columbia University offers a particularly egregious example.

Another product of the “wealth” Jihad are the thousands of mosques that Arab oil money pays for, in London and Rome and Paris, as in Niger and Pakistan and Indonesia. Much of that money comes from Saudi Arabia, whose clerics make sure that the mosques that are built, or that receive Saudi support, preach the stern Wahhabi version of Islam. It is the same for madrasas that receive Saudi subventions. And campaigns of Da’wa (the Call to Islam, particularly effective in Western prisons), too, often receive OPEC money.

2) The second development, observable at the same time as the oil money really began to flow into the countries of Western Europe, was demographic: millions of Muslim migrants have over the past four decades been allowed to enter Western Europe. These were mainly Pakistanis in England, Turks in Germany, Algerians in France, Moroccans in Spain, Indonesians in Holland, and in every country, assorted mix-‘n-match Muslims from all of these and still other places. They brought their wives; their families always became much larger than those of the non-Muslim natives. These Muslims could now enjoy Western medicine (lower rates of infant mortality), Western education, Western housing — free or greatly subsidized.

What Muslims brought undeclared in their mental baggage to the West –Islam itself — was not held up for close examination. And it was taken as an article of faith that nothing seriously prevented Muslims from integrating with the same ease as non-Muslim immigrants. Those who expressed doubts about this, who suggested that there might be special problems with Muslim immigrants — and these skeptics included both some who had been raised as Muslims (Ayaan Hirsi Ali, Ibn Warraq) and non-Muslims (Bat Ye’or, Hans Jansen, Robert Spencer) who had studied Islam — were at first dismissed as bigots. But they could not be silenced. These informed commentators insisted that the belief-system of Islam, the system that suffuses the minds of Muslims wherever they are, has taught them to be hostile to Infidels, and should not be ignored. But many non-Muslims, at a loss as to what they might do with this knowledge, have willfully ignored Islamic doctrine. The notions that first, a Muslim’s true loyalty is to fellow members of theumma al-islamiyya, and second, that Jihad to spread Islam (so that ultimately Islam will everywhere dominate) is a duty incumbent on all Muslims, have not been taken seriously by those whose duty it is to protect and instruct us.

In recent years, an older generation of Western scholars of Islam and the Middle East has died or retired (one thinks of Bernard Lewis, A.K.S. Lambton, J. B. Kelly, Elie Kedourie, P. J. Vatikiotis); these people were critical both of Islam and of its apologists in the West. They have been replaced, in academic departments, by those who are often Muslims themselves or, if not Muslim, less critical, and more admiring of both. Their background and training were received from Arabists, and they were inclined to be apologists for Islam. Ibn Warraq once said that in his experience, many of those who choose to enter the fields of Islam and Middle Eastern history possess a pre-existing animus toward Jews, or toward the West itself, and are predisposed to find Islam attractive. He calls this “self-selection.” And then there is still sympathy for peoples from the “Third World” — never mind that Qataris, Kuwaitis, Saudis, Emiratis hardly qualify, given their fabulous unearned wealth.

The flow of Muslims into Europe has consisted mainly of Pakistanis to Great Britain, Moroccans and Turks to the Netherlands, Algerians and other maghrebins to France, Turks to Germany, Egyptians and Libyans to Italy. In 2015, they are now joined by Syrians (or “Syrians,” since many so identified in fact come from elsewhere), who are being admitted in huge numbers. They will swell Muslim millions already in the West. More than 800,000 of these “Syrians” are set to be received by Germany alone this year, thanks to Angela Merkel.

Demography is destiny. The greater the number of Muslims in Europe, the greater their political power becomes. Muslims have been attempting, unsurprisingly, to limit the ability of non-Muslims in Europe to enforce laws, or to enjoy freedoms, or to fashion foreign policies, to which Muslims might object. Think of the difficulties the French government still experiences in enforcing the no-hijab rule in state schools; think of the cartoonists in France and Denmark and elsewhere in Europe who now hold back on caricatures of Muhammad, fearful of meeting the same fate as theCharlie Hebdo staff. Jews in France are worried about their future; the spate of attacks by Muslims on Jews in France suggest they are right to worry. There has been a great increase in the numbers of French Jews going to Israel.

Meanwhile, Muslims continue to push for changes in the laic state. They still have not given up, for example, attempts to challenge the ban on the hijab in schools. And when cartoonists are killed for having “blasphemed” Muhammad, too many Muslims express not abhorrence but approval. Muslims recognize and are prepared to exploit the freedoms, political and civil, created by and for the Infidels, and are ready to exploit them to further their own, Muslim, ends.

For Western man, the legitimacy of any government depends on that government reflecting, however imperfectly, the will expressed by the people through elections. Islamic political theory is based on a very different idea: the legitimacy of government depends on the ruler being a Muslim, and the will to be expressed is that of Allah, as set down in written form in the Qur’an, and an additional fleshing-out of the Qur’an’s meaning comes through study of the Sunnah, that is, the practices of the earliest Muslims, derived from the Hadith and Sira, which become a kind of gloss on the Qur’an.

Western man exalts the individual; in Islam, it is the collective, the community of Believers. And the true object of worship in Islam turns out to be Islam itself; it is Islam itself that Believers must protect from attack. Morality in Islam is determined by what Muhammad said or did; he remains the Model of Conduct, the Perfect Man, and for all time. Those who assume that the millions of Muslims who have been allowed into Europe and North America are going to “integrate” into non-Muslim societies, societies with manmade laws quite different from the Sharia, without difficulty, fail to recognize that this would mean jettisoning much of Islam. It could require seeing Muhammad in a critical light, and doing away with Muslim supremacism. Is this conceivable? And it should not be forgotten that Muslims have a duty to conduct Da’wa, the Call to Islam, to promote Islam as the Truth.

3) The OPEC trillions from oil, and the Muslim migrant millions in the West, are two of the three significant developments that explain Muslim power today. The third development consists of the appropriation and effective use, by Muslims, of technological advances originating in the Western world, and therefore made by Infidels, that made it much easier to disseminate the Call to Islam to Infidels, and the full message of Islam to Believers worldwide, to spread the message of the most austere and implacable kind of Islam — Wahhabism — and even to recruit for Al Qaeda and ISIS (who would have thought that decapitation videos could serve as recruitment tools for those luring others to actively participate in violent Jihad?).

Without audiocassettes, without those taped sermons urging violence, Khomeini might never have been able to whip up, from his distant exile in Neauphle-le-Chateau in France, so many hundreds of thousands of fanatical followers in Iran. Without videocassettes, and satellite television channels and the Internet, it would have been much harder to spread Islamic propaganda, including that put out by Al Qaeda and ISIS. Decades ago, simple pious Muslims could conduct their lives without being whipped up to violent Jihad, aware that they needed to fulfill their five canonical daily prayers, but only vaguely aware of the duty to take part in Jihad. Thanks to the Internet, they are now much more aware of the extent of their duties as Muslims.

In summary: it is these three developments — first, the OPEC trillions, that have given the Arabs such wealth to influence everything from U.N. votes to Western economic interests; second, the Muslim migrant millions in the West who have become, in 2015, many millions; and third, the appropriation of Western technological advances to spread the message of Islam — that help explain the reappearance of Islam as a fighting faith that everywhere threatens non-Muslims. Muslims who just a century ago were deploring Muslim weakness and Western strength are now able to deploy vast financial power and use it to increase their political clout and to obtain arms. Muslims by the many millions are now settled in Dar Al-Harb, behind what they regard as enemy lines.

What will happen now to the Arab use of the “wealth” weapon? Advances in renewable energy (e.g., in solar collectors and wind farms), and the growing recognition that the use of oil has to diminish if climate warming is to be slowed down, may lessen the amount of money that flows to Muslim oil states. But those states already have money stockpiled that they can still use to buy arms and influence. And as we have seen, the Muslim presence in Europe continues to increase, especially with the influx of “Syrians”; the geert-wilders and marine-le-pens bravely keep up their warnings about the Muslim invasion, but continue to go largely unheeded by the main parties. It’s still easy to affix the word “bigot.” Still, reports from Germany suggest that Merkel’s admitting so many “Syrians” is meeting with increasing opposition.

ISIS, the Islamic State, came into existence because Sunni Muslims in Iraq and Syria believed that their governments – Shi’a-dominated in Iraq, Alawite-dominated in Syria – scanted Sunni interests in the distribution of the national spoils. Those in the West who thought that ISIS was a fleeting phenomenon, that the Shia-dominated Iraqi government would retake Mosul, that ISIS could not possibly hold the territories it seized in such rapid fashion, or would not be able to run the territories it had conquered as a real state, when it has both held those territories and has begun to organize them and assume the responsibilities of rule, should recognize how formidable ISIS has become. Its appeal is wide, as the tens of thousands of recruits, including doctors and engineers, who have arrived from abroad testify.

No Western government has yet dared to broadcast any information about the connection between the political, economic, social, and intellectual failures of Muslim societies and Islam itself. Indeed, one discovers that even in the West, deep behind enemy lines, in Dar al-Harb, Muslims are watching not the regular Western channels, but insisting on getting their news — in Dearborn as in the East End of London, and in the banlieues of Paris and Lyon and Marseille — from Al-Jazeera (owned by Qatar), Al-Manar (run by Hezbollah), and other Arab stations. Willingly, many Arab Muslims in the West choose to limit themselves to stations spouting Arab Muslim propaganda, for only these stations are “telling the truth.” The ability to modify the views of Muslims enjoying life in the West, so that they will no longer pose a threat to the non-Muslim order, is limited.

Islam is naturally totalitarian — a total belief-system that leaves no area of life untouched. It offers a Compleat Regulation of Life and Total Explanation of the Universe. Over many centuries when Muslims had no technological advances to appropriate from the Western world, nor the wealth with which to exploit those advances (and thus lacking the ability to spread the full doctrines of Islam throughout both Dar al-Islam and Dar al-Harb), Muslims were able to conduct their lives without necessarily being fully aware of, much less always following, at every step, all the teachings of Islam. But today’s technology makes things different. The full undiluted message of Islam, now easily available to those who might once have been ignorant or even unobservant Muslims, is available. Muslims everywhere know that the full teachings of Qur’an and Hadith are a mere click away, and the Internet makes the same undiluted message available to Infidels who are suffering from various degrees of disaffection with the modern world, the West, Kapitalism, The System, Amerika, call it what you will, and who may find Islam attractive.

For we have seen that Islam is a mental system that appeals to those who prefer to have a life totally regulated from above. They find it perfectly acceptable to take as a model a seventh-century Arab, who may or may not have existed (that doesn’t matter, as long as Muslims believe he existed), described in the Qur’an as uswa hasana (the Model of Conduct), and elsewhere as al-insan al-kamil (the Perfect Man). For the socially and psychically marginal among Infidels, for those yearning to suppress their own individuality in a larger group, the umma al-islamiyaa(Community of Islam) provides an instant community. Islam is just the thing. Western man, who has come to prize skepticism and individualism, may not understand its attraction. The convert to Islam, in or out of prison, does not deplore, but welcomes, his own submission to Islamic authority, is glad to be supplied with answers as to the conduct of life based on passages in the Qur’an or stories in the Hadith, and finds soothing the notion that Allah Knows Best. It makes life simpler. In other words, Western governments should not underestimate the attraction of Islam to non-Muslims, nor assume that Muslims in the West will forget their duty to conduct Jihad.

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Government Can’t Censor Content — Even If It’s ‘For Your Own Good’ by Evan Bernick

Will a recent Supreme Court decision unleash more speech than Americans can handle?

In a recent New York Times article, reporter Adam Liptak (rightly) refers to Reed v. Town of Gilbert as “the sleeper case of the last Supreme Court term.” Liptak spoke with Robert Post, First Amendment scholar and dean of Yale Law School, and Floyd Abrams, constitutional lawyer and free-speech advocate.

In Reed, the Court invalidated a town sign code that treated signs promoting church services more harshly than signs promoting other messages, and made plain that such content-based restrictions on speech must undergo strict judicial scrutiny.

Abrams praised the decision; Dean Post, according to Liptak, predicted that it will “endanger[] all sorts of laws,” “roll consumer protection back to the 19th century,” and “destabilize First Amendment law.”

Those, like Abrams, who believe that “the First Amendment is about liberty” and that “we all lose by reading it narrowly” should welcome the ruling in Reed and pay no heed to Post’s parade of horribles.

Reed resolved an ambiguity that had confused lower courts for decades and rendered many Americans’ freedom to speak uncertain in important areas. In so doing, Reed honored the broad mandate of the First Amendment, which prohibits any law “abridging the freedom of speech,” making no exception for certain messages, ideas, or subject matters — regardless of whether the government promises that curbing speech is for our own good.

How did we get to Reed? The first major case to focus on content-based speech restrictions was Police Department of Chicago v. Mosley (1972), which concerned a Chicago ordinance that barred picketing within 150 feet of schools during the school day — except for picketing related to labor disputes.

The Court invalidated the ordinance because the government provided no credible evidence that labor picketing was less likely to be disruptive than other forms of picketing.

To selectively proscribe speech on the basis of its subject matter, said the Court, is to “completely undercut the ‘profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open.’”

Subsequent cases would make clear that intent to censor is not essential to a determination that a restriction on speech is content-based; if the government had to inspect the content of speech to determine how it could be regulated, that was sufficient to trigger strict scrutiny.

But the nature of the Court’s content-based jurisprudence became muddled as it began to review First Amendment challenges to local zoning rules concerning adult businesses. These zoning rules clearly regulated speech based on its subject matter — they only applied to businesses whose expression was sexually explicit.

However, in City of Renton v. Playtime Theaters, Inc. (1986), the Court concluded that an ordinance targeting theaters that specialize in sexually explicit films was content-neutral and, thus, not subject to strict scrutiny, because it was “justified without reference to the content of the regulated speech” — specifically, because “the Renton ordinance is aimed not at the content of the films… but rather at the secondary effects of such theaters on the surrounding community.”

Renton was hotly debated by First Amendment scholars at the time, and scholar Laurence Tribe expressed concern that the newly-minted secondary effects doctrine would “undermine the very foundation of the content-based/content neutral distinction.”

In Ward v. Rock Against Racism (1989), Tribe’s concern was validated. Ward involved a content-neutral rule that required the use of city-provided sound equipment at concerts in Central Park, regardless of what was being performed.

Drawing upon Renton, the Court stated that the “[t]he principal inquiry in determining content neutrality… is whether the government has adopted a regulation of speech because of disagreement with the message it conveys.”

Some lower courts understood Ward to stand for the proposition that facially discriminatory laws — that is, laws that identify regulated speech based on its content — could be treated as content-neutral for purposes of the First Amendment, so long as the courts believed that those laws were enacted for public-spirited reasons.

But since government officials always profess benign intentions, proving censorial intent proved difficult. The result: the proliferation of speech restrictions, including licensing schemes restricting occupational speech (such as that of tour guides, interior designers, and veterinarians), panhandling bans, and noise ordinances that exempt certain noises from regulation depending on either their message or who is speaking.

Reed v. Town of Gilbert was a perfect example of this trend. In the decision below in Reed, the Ninth Circuit Court of Appeals determined that Gilbert’s sign code was “content-neutral” because of the town’s assurances that it had no intention to discriminate.

To combat this censorial trend, when the Supreme Court granted certiorari inReed, the Institute for Justice filed an amicus brief urging the Court to clarify that strict scrutiny applies:

  1. If a law expressly requires the government to look at the content of speech in determining whether or not it is subject to regulation, or
  2. When a law’s purpose is to censor messages with certain subject matters or viewpoints.

And thankfully, to the benefit of speakers across the country, the Supreme Court did exactly that.

Writing for the Court, Justice Thomas explained,

A law that is content based on its face is subject to strict scrutiny regardless of the government’s benign motive, content-neutral justification, or lack of ‘animus’ toward the ideas contained in the regulated speech.

The Court easily concluded that the sign code at issue classified signs on the basis of their content because whether or not the restrictions applied to any given sign “depend[ed] entirely on the communicative content of the sign.”

Having done so, the Court went on to perform the kind of truth-seeking judicial engagement that is required to ensure that the government does not act as a censor, insisting that the government demonstrate, with reliable evidence, that it was pursuing a compelling interest through means narrowly tailored to that end.

The town failed to carry its burden. Although the town claimed that the sign code “preserv[ed] the Town’s aesthetic appeal” and protected “traffic safety,” the town “allow[ed] unlimited numbers of other types of signs that create the same problem[s]” and did not demonstrate that “directional signs pose a greater threat to safety than do ideological or political signs.”

Even assuming that the town’s stated interests were compelling, the Court concluded that the sign code was insufficiently narrowly tailored to pass constitutional muster.

Which brings us to the present where, as Liptak observes, Reed is already having an impact.

In the wake of Reed, the Seventh Circuit Court of Appeals revisited an ordinance barring panhandling in the “downtown historic district” of Springfield, Illinois.

Last year, the Seventh Circuit had upheld the ordinance as content-neutral, even though an officer enforcing the ordinance would have to listen to the content of the speaker’s message in order to determine whether the ordinance had been violated. (A request for a charitable donation might be impermissible, but a request for a commercial transaction would not.)

Following Reed, the Seventh Circuit accepted a petition for rehearing and a unanimous panel invalidated the Springfield ordinance. Judge Easterbrook, writing for the panel, recognized the broad scope of Reed’s holding: “Any law distinguishing one kind of speech from another by reference to its meaning now requires a compelling justification.”

Although Reed reaffirmed the Court’s historical (and highly critical) view of content-based regulation, not everyone sees the ruling as cause for celebration. But Dean Post’s specific criticisms are unwarranted.

Although Post argues that the decision could undermine restrictions on misleading advertising and professional malpractice, such laws have coexisted with the First Amendment for over 200 years, and there is no reason to believe that the Court’s decision will change that. Nor will Reed destabilize our First Amendment law; it stabilizes that law by providing much-needed guidance to lower courts.

Dean Post’s real complaint is that, for over a quarter century, the Court has gradually shifted away from his preferred theory of the First Amendment — one that would allow the government to privilege certain favored categories of speech — towards a more libertarian view, which leaves such judgments about the value of speech to the free choices of Americans. Reed v. Town of Gilbert is simply the most recent step in that evolution, and it is nothing to be afraid of.

In Reed, the Court affirmed that the government is not free to pick and choose what topics it would prefer Americans speak about or what information they can be trusted with, even if the government earnestly professes that it has our best interests at heart. Reed will help to ensure that speech remains uninhibited, robust, and wide open.

A version of this article first appeared at the Huffington Post.

Evan Bernick
Evan Bernick

Evan is the Assistant Director of the Center for Judicial Engagement at the Institute for Justice, a libertarian public interest law firm.

Al Jazeera: Stop saying the word “migrant” and call them all “refugees”

Invasion of Europe news….

We’ve seen this coming for some time—the word-police are out in force and want to be sure you stop using certain words to describe the “invasion” of Europe.

By the way, “invasion” is one of those words you are NOT to use, which is precisely why we won’t stop using it!

According to Al Jazeera, any “migrant” on the move even for economic reasons or for nefarious reasons is to be called a “refugee.”

We are seeing it right here in America as the illegal alien kids are rushing (LOL! swarming!) the U.S. southern border and the Obama Administration and the resettlement contractors refer to them as “refugees” or “asylum seekers.”

Here is the Washington Post telling us about Al Jazeera:

Reading a British tabloid newspaper in 2015, you might wonder if Europe was again at risk of being conquered by the Mongol Empire. The continent is under “siege,” the papers report, facing an “invasion” from a “horde.” Parts of Europe have become like a “war zone,” they say, as“marauding” foreigners “swarm” the borders. The reality, of course, is that there is no army at the gates. The migrants that cause Europe such angst aren’t arriving in warships. Instead, most arrive in a human trafficker’s dinghy, if they arrive at all.

It’s not hard to see that using sort of language could have a dangerous impact on the discourse surrounding migrants. “Words that convey an exaggerated sense of threat can fuel anti-immigration sentiment and a climate of intolerance and xenophobia,” Alexander Betts, director of the Refugee Studies Center at Oxford University, told WorldViews recently. Critically analyzing the derogatory words used to describe migrants is clearly prudent, but some want to go even further: Last week, Al Jazeera English broke with other major news organizations to announce that it was ditching the word “migrant.”

“The umbrella term migrant is no longer fit for purpose when it comes to describing the horror unfolding in the Mediterranean,” Barry Malone, the online editor of Al Jazeera English, explained in a blog post. “It has evolved from its dictionary definitions into a tool that dehumanises and distances, a blunt pejorative.” Instead, Malone wrote, his news organization would use the term “refugee” to describe those crossing the Mediterranean. “Migrant is a word that strips suffering people of voice,” Malone concluded. “Substituting refugee for it is – in the smallest way – an attempt to give some back.”

For more and for embedded links go here.

By the way, the word “refugee” holds an even greater meaning when one understands that in much of the first world it entitles those so designated to be given welfare goodies of all sorts.

I kind of like some of those words in the first paragraph, words like “swarm!” I’ll have to remember that one for future use.

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Can Millennials [And Academia] Take a Joke? by Clark Conner

Millennials can be a hypersensitive bunch, and nowhere is this more apparent than in the academy. American institutions of higher learning have become veritable minefields of trigger warnings, safe zones, and speech codes.

It appears we can add another line item to the growing list of things too radical for college students: humor. Comedian Jerry Seinfeld recently joined an expanding group of high-profile figures in denouncing higher education’s culture of hyper-sensitivity.

In an interview with ESPN Radio’s Colin Cowherd, Seinfeld discussed why comics are reluctant to take their act on campus:

COWHERD: Does the climate worry you now? I’ve talked to Chris Rock and Larry the Cable Guy; they don’t even want to do college campuses anymore.

SEINFELD: I hear that all the time. I don’t play colleges, but I hear a lot of people tell me, “Don’t go near colleges. They’re so PC.” I’ll give you an example: My daughter’s 14. My wife says to her, “Well, you know, in the next couple years, I think maybe you’re going to want to be hanging around the city more on the weekends, so you can see boys.” You know what my daughter says? She says, “That’s sexist.”

COWHERD: That’s amazing.

SEINFELD: They just want to use these words: “That’s racist”; “That’s sexist”; “That’s prejudice.” They don’t know what they’re talking about.

It took roughly 24 hours for Seinfeld’s point to prove itself. The day after the Huffington Post ran an article on Seinfeld’s comments, an open letter appeared on the site addressed to Mr. Seinfeld from a “College Student.”

The letter touches on a myriad of topics, including racism, sexism, offending the “right” people, and (for reasons unknown) “the underlying culture of violence and male domination that inhabits high school football,” but its overarching spirit is summed up in the author’s ironic introduction:

Recently, I’ve heard about your reluctance to perform on college campuses because of how “politically correct” college students are… As a college student that loves and appreciates offensive, provocative comedy, I’m disheartened by these comments.

So, a college student was “disheartened” by Jerry Seinfeld’s observation that college students are too sensitive. Let that sink in.

Seinfeld isn’t the only comedian to denounce the current sensitivity epidemic on campus. In a discussion with Frank Rich, Chris Rock espoused the same views as Seinfeld:

RICH: What do you make of the attempt to bar Bill Maher from speaking at Berkeley for his riff on Muslims?

ROCK: Well, I love Bill, but I stopped playing colleges, and the reason is because they’re way too conservative.

RICH: In their political views?

ROCK: Not in their political views — not like they’re voting Republican — but in their social views and their willingness not to offend anybody. Kids raised on a culture of “We’re not going to keep score in the game because we don’t want anybody to lose.” Or just ignoring race to a fault. You can’t say “the black kid over there.” No, it’s “the guy with the red shoes.” You can’t even be offensive on your way to being inoffensive.

Former Tonight Show host Jay Leno, too, shared his experience with a college intern who conflated his dislike of Mexican food with racism.

The experiences of Seinfeld, Rock, and Leno obviously can’t be projected on the whole of entertainment media, but their willingness to criticize the don’t-offend-me culture indicates a growing sense that American campuses are becoming hostile to humor. 

And their criticisms aren’t unfounded: the uptrend in campus outrage over even mildly provocative humor is inescapable. Ask Robert Klein Engler, formerly of Roosevelt University, who received his walking papers after telling his class a joke he overheard as a way of stimulating conversation about an Arizona immigration bill.

“There was a sociological study done in Arizona,” Engler said to the students, “and they discovered that 60 percent of the people in Arizona approved of the immigration law and 40 percent said, ‘no habla ingles.’”

That caused a student, Cristina Solis, to file a written complaint with the university, which in turn opened a harassment investigation against the professor.

According to reporting from the Foundation for Individual Rights in Education, Engler was summoned by university officials to discuss the harassment charges, but they wouldn’t disclose the nature of accusation, nor the identity of the accuser. Engler agreed to cooperate with the university’s investigation, but only if the accusations were put in writing.

Roosevelt wouldn’t do so, and also refused Engler the right to be accompanied by his attorney at investigation meetings. Stripped of due process, Engler chose not to participate in the sham investigation, which resulted in Roosevelt University terminating his employment.

What’s worse, Ms. Solis voiced her approval with the university’s decision to terminate Engler. In a quote to the student newspaper preserved on Minding the Campus she proclaimed:

If that [Mr. Engler’s firing] is what it took to give him a reality check, and to make sure that no other student has to go through that, maybe it’s for the best. It’s just something you don’t say in a classroom, not coming from a professor, and especially not at a school like Roosevelt University, which is based on social justice.

What a dangerous precedent this is, that a lone student infatuated with the idea of social justice can spearhead a movement to fire a professor over a throw-away joke.

Teresa Buchanan, formerly an associate professor at Louisiana State University, also knows what it means to offend the wrong people.

Buchanan was known by her students as a “gunslinger” who sometimes incorporated profanity or sexually charged jokes in class. For example, Reason reports that one of her zingers came in the form of advice to female students that their boyfriends would stop helping them with coursework “after the sex gets stale.”

After the Fall 2013 semester, Buchanan was informed by the university that she was being placed under suspension pending an investigation for “sexual harassment” and promoting a “hostile learning environment.”

The investigation dragged on, and 15 months later a faculty committee upheld the university’s accusation of sexual harassment. The committee, however, decided that termination was not the solution, but rather that LSU should ask that Buchanan tone down her language.

This suggestion was ignored by university president F. King Alexander. Buchanan was fired on June 19, 2015.

Not only are American academics under fire for using semi-edgy humor, British academics, too, are learning the hard way to leave the one-liners at home.

The saga of Sir Tim Hunt illustrates how even the most prestigious careers can be derailed by pitchfork-wielding mobs feigning outrage over innocuous comments.

Hunt, a Nobel laureate, found himself to be the object of scorn, stemming from a joke he made while presenting to the World Conference of Science Journalists in South Korea:

It’s strange that such a chauvinist monster like me has been asked to speak to women scientists.

Let me tell you about my trouble with girls. Three things happen when they are in the lab: you fall in love with them, they fall in love with you, and when you criticize them they cry. Perhaps we should make separate labs for boys and girls?

Now, seriously, I’m impressed by the economic development of Korea. And women scientists played, without doubt, an important role in it. Science needs women, and you should do science, despite all the obstacles, and despite monsters like me.

This comment was first reported by Connie St. Louis, a journalism professor at University College London (UCL) who was present for Hunt’s speech. She claimed his comments induced a “stony silence” on the crowd.

In reaction, an armada of social media warriors descended on Hunt, resulting in his resignation from multiple honorary positions, including at UCL. Although Hunt incessantly apologized for his “transgression,” his opponents continued to besmirch his character and career.

In making the comments public, however, St. Louis only mentioned some of Hunt’s remarks. She omitted the part where Hunt clearly stated he was joking and praised the role of women scientists.

A few weeks later, a report from a European Commission official recalled a different version of events. Unlike St. Louis, the report included Hunt’s entire statement and claimed that Hunt’s joke was received by laughter, not the agitation asserted by St. Louis.

Despite the EC report vindicating Hunt and dispelling the charges of sexism, the damage is done. Hunt’s top-shelf academic career is now in shambles after being sullied by a throng of raging speech oppressors.

A joke was all it took.

Anything Peaceful

Anything Peaceful is FEE’s new online ideas marketplace, hosting original and aggregate content from across the Web.

EDITORS NOTE: A version of this post first appeared at the Pope Center for Higher Education Policy. The featured image is courtesy of FEE and Shutterstock.

How Economic Control Threatens Political Liberty, Free Speech and the Rule of Law by Jon Guze

John Cochrane (aka “The Grumpy Economist”) has posted a long meditation entitled “Rule of Law and the Regulatory State,” in which he makes a very important point:

The United States’ regulatory bureaucracy has vast power. Regulators can ruin your life, and your business, very quickly, and you have very little recourse. That this power is damaging the economy is a commonplace complaint. Less recognized, but perhaps even more important, the burgeoning regulatory state poses a new threat to our political freedom.

What banker dares to speak out against the Fed, or trader against the SEC? What hospital or health insurer dares to speak out against HHS or Obamacare? What business needing environmental approval for a project dares to speak out against the EPA? What drug company dares to challenge the FDA?

Our problems are not just national. What real estate developer needing zoning approval dares to speak out against the local zoning board?

Readers who doubt that this is an urgent problem should read the whole thing, which includes numerous chilling descriptions of regulatory abuse, but here I want to focus on an issue he raises in passing: how best to refer to this urgent problem?

Cochrane says he hasn’t found “a really good word to describe this emerging threat of large discretionary regulation, used as tool of political control.” He considers “socialism,” “regulatory capture,” and “cronyism,” but he rejects all three. Regarding the last two, he notes:

We’re headed for an economic system in which many industries have a handful of large, cartelized businesses — think 6 big banks, 5 big health insurance companies, 4 big energy companies, and so on.

Sure, they are protected from competition. But the price of protection is that the businesses support the regulator and administration politically, and does their bidding. If the government wants them to hire, or build [a] factory in unprofitable place, they do it.

The benefit of cooperation is a good living and a quiet life. The cost of stepping out of line is personal and business ruin, meted out frequently. That’s neither capture nor cronyism.

The fact is, we’ve seen this system of political economy before — most notably in Mussolini’s Italy and in Hitler’s Germany — and there’s a commonly used term for it. It’s fascism. Maybe Cochrane thinks that term is too emotionally charged. However, I’d have thought a bit of emotional charge was warranted. As Cochrane says:

The power of the regulatory state…lacks many of the checks and balances that give us some “rule of law” in the legal system. …

The clear danger we face is the use of regulation for political control. Each industry gets carved up into a few compliant oligopolies. And the threat of severe penalties, with little of the standard rule-of-law recourse, keeps people and businesses in line and supporting the political organization or party that controls the agencies. …

A return to economic growth depends on reforming the regulatory state. But… preservation of our political freedom depends on it even more.

Read the rest here.

This post first appeared at the John Locke Foundation.

EDITORS NOTE: See Steve Horwitz’s “Why the Candidates Keep Giving Us Reasons to Use the “F” Word“; Jeff Tucker’s “Trumpism: The Ideology“; and Jason Kuznicki’s “The Banality of Donald Trump.”

Jon Guze

Salman Rushdie: World Learned ‘Wrong Lessons’ from His Iran Fatwa

peace with iran tshirts

‘Fear disguised as respect’

“The writer said that the controversy that surrounded the PEN prize to Charlie Hebdo this year convinced him that, if the attacks against ‘The Satanic Verses’ had occurred today, ‘these people would not come to my defence and would use the same arguments against me by accusing me of insulting an ethnic and cultural minority.’” Indeed so. That was what happened after our free speech event in Garland, Texas: the international media, including many “conservatives” such as Bill O’Reilly and Laura Ingraham, excoriated Pamela Geller and declared that she should have shown more “respect” — which really meant that she should have submitted in fear, as they were doing.

The freedom of speech is seriously imperiled, and most Americans have bought into the idea that “hate speech,” which they assume to be an entity that can be objectively established, does not deserve protection. They have no idea that they’re thereby paving the way for authoritarianism and totalitarianism.

“Salman Rushdie says the world learned the ‘wrong lessons’ from his Iran fatwa ordeal,” Agence France-Presse, July 22, 2015:

More than a quarter century after being slapped with a fatwa from Iran [sic] calling for his murder over his book “The Satanic Verses”, Salman Rushdie says the world has learned the “wrong lessons” about freedom of expression.

The British author, in an interview published Wednesday by the French news magazine L’Express, said his ordeal by religious fanatics determined to violently avenge what they construed as blasphemy should have served as a wake-up call to the world.

Instead, after the September 11, 2001 attack on America and the massacre in Paris in January this year of cartoonists and staff at the Charlie Hebdo satirical weekly, and with the ongoing rampage of the brutal Islamic State group in the Middle East, Rushdie saidsome writers and other people were too cowed to talk freely about Islam.

“It seems we learned the wrong lessons,” he said in the interview printed in French.“Instead of concluding we need to oppose these attacks on freedom of expression, we believed we should calm them through compromises and ceding.”

The “politically correct” positions voiced by some — including a few prominent authors who disagreed with Charlie Hebdo receiving a freedom of speech award at a PEN literary gala in New York in May — were motivated by fear, Rushdie said.

– ‘Fear disguised as respect’ –

“If people weren’t being killed right now, if bombs and Kalashnikovs weren’t speaking today, the debate would be very different. Fear is being disguised as respect,” he said….

The writer said that the controversy that surrounded the PEN prize to Charlie Hebdo this year convinced him that, if the attacks against “The Satanic Verses” had occurred today, “these people would not come to my defence and would use the same arguments against me by accusing me of insulting an ethnic and cultural minority”….

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Don’t Agree with the Mayor’s Politics? No Permits for You! by Walter Olson

Boston mayor Martin Walsh gives Donald Trump the Chick-Fil-A rush* over his immigration opinions. Via the Boston Herald:

If Donald Trump ever wants to build a hotel in Boston, he’ll need to apologize for his comments about Mexican immigrants first, the Hub’s mayor said.

“I just don’t agree with him at all,” Boston Mayor Martin J. Walsh told the Herald yesterday. “I think his comments are inappropriate. And if he wanted to build a hotel here, he’d have to make some apologies to people in this country.”

More on the use of permitting, licensing, and other levers of power to punish speech and the exercise of other legal rights at Overlawyered’s all-new regulatory retaliation tag. (And no, I’m not exactly thrilled with Mayor Walsh for making me take Trump’s side in an argument.)

* In case you’d forgotten the infamous Chick-Fila-A brouhaha, here’s Overlawyered’s coverage:

The uproar continues, and quite properly so (earlier here and here), over the threats of Boston Mayor Thomas Menino and Chicago alderman Proco (“Joe”) Moreno to exclude the Chick-Fil-A fast-food chain because they disagree (as do I) with some of the views of its owner.

Among the latest commentary, the impeccably liberal Boston Globe has sided with the company in an editorial (“which part of the First Amendment does Menino not understand?…A city in which business owners must pass a political litmus test is the antithesis of what the Freedom Trail represents”), as has my libertarian colleague Tom Palmer at Cato (“Mayor Menino is no friend of human rights.”)

The spectacle of a national business being threatened with denial of local licenses because of its views on a national controversy is bad enough. But “don’t offend well-organized groups” is only Rule #2 for a business that regularly needs licenses, approvals and permissions. Rule #1 is “don’t criticize the officials in charge of granting the permissions.”

Can you imagine if Mr. Dan Cathy had been quoted in an interview as saying “Boston has a mediocre if not incompetent Mayor, and the Chicago Board of Aldermen is an ethics scandal in continuous session.” How long do you think it would take for his construction permits to get approved then?

Thus it is that relatively few businesses are willing to criticize the agencies that regulate them in any outspoken way (see, e.g.: FDA and pharmaceutical industry, the), or to side with pro-business groups that seriously antagonize many wielders of political power (see, e.g., the recent exodus of corporate members from the American Legislative Exchange Council).

A few weeks ago I noted the case of Maryland’s South Mountain Creamery, which contends through an attorney (though the U.S. Attorney for Maryland denies it) that it was offered less favorable terms in a plea deal because it had talked to the press in statements that wound up garnering bad publicity for the prosecutors. After that item, reader Robert V. wrote in as follows:

Your recent article about the [U.S. Attorney for Maryland] going after the dairy farmers reminded me a case in New York state where the Health Department closed down a nursing home in Rochester. They claim is was because of poor care, the owner claims it was because he spoke out against the DOH.

The state just lost a lawsuit where the jury found the DOH targeted the nursing home operator because he spoke out against them.

According to Democrat and Chronicle reporters Gary Craig and Steve Orr, the jury found state health officials had engaged in a “vendetta” against the nursing home owner:

Beechwood attorneys maintained that an email and document trail showed that Department of Health officials singled out Chambery for retribution because he had sparred with them in the past over regulatory issues. The lawsuit hinged on a Constitutional argument — namely that the state violated Chambery’s First Amendment rights by targeting him for his challenges to their operation.

The Second Circuit panel opinion in 2006 permitting Chambery/ Beechwood’s retaliation claim to go forward is here. It took an extremely long time for the nursing home operators to get their case to a jury; the state closed them down in 1999 and the facility was sold at public auction in 2002.

Versions of these posts first appeared at Overlawyered.com, Walter Olson’s indispensable law blog, published by the Cato Institute. 


Walter Olson

Walter Olson is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

Did Oregon Gag the Anti-Gay Marriage Bakers? by Walter Olson

Readers who follow the battles over forfeiture law may recall the recent case in which a North Carolina convenience store owner from whom the government had seized $107,000 without any showing of wrongdoing decided to fight the case in the press as well as in court, backed by the Institute for Justice.

Lyndon McLellan’s decision to go public with the dispute drew a menacing letter from a federal prosecutor about the publicity the case had been getting:

“Your client needs to resolve this or litigate it,” Mr. West wrote. “But publicity about it doesn’t help. It just ratchets up feelings in the agency.” He concluded with a settlement offer in which the government would keep half the money.

That case ended happily, but the problem is much broader: many individuals and businesses fear that if they seek out favorable media coverage about their battle with the government, the government will find a way to retaliate, either informally in settlement negotiations or by finding new charges to throw against them.

That such fears might not be without foundation is illustrated by last week’s widely publicized Oregon cake ruling, in which a Gresham, Oregon couple was ordered to pay $135,000 in emotional-distress damages for having refused to bake a cake for a lesbian couple’s commitment ceremony.

Aside from the ruling’s other objectionable elements, the state labor commissioner ruled it “unlawful” for the couple to have given national media interviews in which they expressed sentiments like “we can see this becoming an issue and we have to stand firm.”

Taking advantage of an exception in free speech law in which courts have found that the First Amendment does not protect declarations of future intent to engage in unlawful discrimination, the state argued — and its commissioner agreed — that the “stand firm” remark along with several similarly general comments rallying supporters were together “unlawful.”

That ought to bother anyone who cares about free speech. I’ve got a piece up at Ricochet.com, my first there, exploring the question in more detail:

Suppose someone began a sentence with the words “I don’t think I should have to serve [group X] at my shop….”

If they follow with the words “but since it’s the law, I’ll comply,” the sentence as a whole would clearly count as protected speech under current law. If they follow with the words “and I won’t, law or no law,” it loses protection.

But suppose the speaker were to end the sentence at “…my shop.” Up to that point, the speaker has expressed only an essentially political opinion, not a forward-looking intention to defy the law.

Such speech is all the more of core First Amendment interest when it takes place not in a local, commercial context but as part of broader political discussions between citizens as to whether laws are unjust or government too heavy-handed.

Read the rest here.

Walter Olson

Walter Olson is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

RELATED ARTICLE: Hypocrisy ALERT: Gay Bakeries Refuse to Make Pro-Christian Cakes [+Videos]

EDITORS NOTE: This piece cross-posted from Cato at Liberty and Overlawyered.

How Team Obama helps The Organization of Islamic Cooperation wage Jihad on Freedom of Expression

Washington, D.C.: The Organization of Islamic Cooperation (OIC), the largest Islamic organization in the world – comprised of 56 UN Member states plus the Palestinian Authority — has long been trying to silence, and ultimately criminalize, all criticism of Islam, specifically targeting America and the West.  What has largely gone unremarked is the help the OIC has received from the Obama administration to this end.

Deborah Weiss, attorney, author and expert on Islamist efforts to stifle free speech reveals in a new monograph published by the Center for Security Policy Press how the OIC is working through UN resolutions, multilateral conferences and other international vehicles to advance its agenda.  The goal of these efforts, according to the OIC’s 10-year program of action, which was launched in 2005, is to combat so-called “Islamophobia” and “defamation of religions”.  In practice, this means banning any discussion of Islamic supremacism and its many manifestations including:  jihadist terrorism, persecution of religious minorities and human rights violations committed in the name of Islam.

Upon the publication of her monograph entitled, The Organization of Islamic Cooperation’s Jihad on Free Speech, Ms. Weiss remarked:

The Organization of Islamic Cooperation is the largest and most powerful voting bloc in the United Nations and yet most Americans have never heard of it. Of particular concern is the OIC’s ten-year program which amounts to an international effort to suppress freedom of expression under the guise of protecting Islam from so-called “defamation.” This initiative, however, is in the service of OIC’s long-term mission: the world-wide implementation of Shariah, a legal-political-judicial-religious doctrine which favors Muslims over non-Muslims, men over women, and denies basic human rights and freedoms.

Ms. Weiss’ monograph documents how the Obama Administration has collaborated with the Organization of Islamic Cooperation in ways that, whether intentional or unwitting, have advanced the OIC’s supremacist agenda.  As it happens, recently released State Department documents obtained by Judicial Watch through court-enforced Freedom of Information Act requests underscore the extent of Team Obama’s collusion with the OIC.

Specifically, these emails offer insights into how, in September 2012, Secretary of State Hillary Clinton and the White House worked with the OIC to fabricate a narrative that falsely blamed an online video “Innocence of Muslims” for the violent uprising at the U.S. special mission compound and CIA annex in Benghazi, Libya.

In the immediate aftermath of the attacks, the documents reveal that the Obama administration immediately went into damage-limitation mode, with a well-coordinated effort to scapegoat the video as the cause of the attack.  Rashad Hussain, President Obama’s envoy to the OIC, reached out to the Organization’s leadership urging it to condemn the “anti-Islamic film” and “its related violence” and to respond in a way that is “consistent with Islamic principles.”

The OIC readily obliged, issuing a statement accusing the video of “incitement” – though nothing in the video called for violence against Muslims – and claiming that it “hurt the religious sentiments of Muslims” and “demonstrated serious repercussions of abuse of freedom of expression”.

The effect was to reinforce the OIC’s goal to protect Islam from “defamation” instead of supporting the US Constitutional principle of free expression.

In her monograph, Ms. Weiss elucidates examples of the escalating assault on freedom of expression that the OIC has launched against the West and their implications. She describes the critical role freedom of speech plays in preserving religious freedom, human rights and national security efforts.  As she correctly points out, “If you look around the world, you will see that freedom is the exception, not the rule.”

Frank J. Gaffney, Jr., President of the Center for Security Policy, observed that:

Deborah Weiss’ important new book is a clarion call to Americans and their federal representatives to end all cooperation with the Islamic supremacists of the Organization of Islamic Cooperation, including cessation of participation in the anti-free speech “Istanbul Process” launched by Hillary Clinton during her tenure as Secretary of State.  Citizens and policy-makers alike should, instead, commit themselves vigorously and unapologetically to freedom of expression – including to its employment as an indispensable weapon in the execution of a comprehensive strategy to defeat the Global Jihad Movement.”

The Center for Security Policy/Secure Freedom is proud to present Ms. Weiss’s monograph as a superb addition to its Civilization Jihad Reader Series.  The Organization of Islamic Cooperation’s Jihad on Free Speech by Deborah Weiss, Esq. is available for purchase in kindle and paperback format on Amazon.com.

EDITORS NOTE: For further information on the threats shariah poses to our foundational liberal democratic values, see more titles from the Center for Security Policy’s Civilization Jihad Reader Series. Readers may purchase The Organization of Islamic Cooperation’s Jihad on Free Speech in Kindle or paperback format on Amazon. Click here for a free PDF of the newly released monograph.

Half of Democrats support laws curtailing the freedom of speech

The problems with this should be obvious, and it’s a sign of the fix we’re in that they aren’t. Who decides what speech is “intended to stir up hatred against a particular group”? Islamic supremacist groups such as Hamas-linked CAIR and other “Islamophobia”-mongers relentlessly claim that foes of jihad terror and Sharia supremacism are stirring up hatred against Muslims. This charge is entirely baseless, as any Muslim who sincerely rejects jihad terror and the imposition of Sharia in the West should be standing with us, and is welcome to do so.

But the key question here is, who decides? The allies and friends of those who believe, or claim to believe, that it is “inciting hatred” to oppose jihad terror and Sharia supremacism are in the corridors of power. If the Democrats succeed in criminalizing “hate speech,” there is no doubt that it will become illegal to speak honestly about the nature and magnitude of the jihad threat, and the jihadis will be able to advance unimpeded.

“Half of Democrats support a ban on hate speech,” YouGov, May 20, 2015 (thanks to Anne Crockett):

Most Americans support expanded federal hate crime laws, but are divided on banning hate speech

Since 1994 people convicted of federal crimes motivated by the ‘actual or perceived’ identity of victims have faced tougher sentences. Many other states had passed ‘hate crime’ statutes in earlier years, and in recent years many states have been adopting laws which make crimes motivated by the victim’s sexual orientation of gender identity hate crimes which face tougher sentences, something the federal government did in 2009. Unlike much of the rest of the developed world, however, the United States does not make it a criminal offense for people to make statements which encourage hatred of particular groups. For example a prominent British columnist, Katie Hopkins, is being investigated by the police for referring to African migrants crossing the Mediterranean as ‘cockroaches’.

YouGov’s latest research shows that many Americans support making it a criminal offense to make public statements which would stir up hatred against particular groups of people. Americans narrowly support (41%) rather than oppose (37%) criminalizing hate speech, but this conceals a partisan divide. Most Democrats (51%) support criminalizing hate speech, with only 26% opposed. Independents (41% to 35%) and Republicans (47% to 37%) tend to oppose making it illegal to stir up hatred against particular groups.

Support for banning hate speech is also particularly strong among racial minorities. 62% of black Americans, and 50% of Hispanics support criminalizing comments which would stir up hatred. White Americans oppose a ban on hate speech 43% to 36%.

When it comes to crimes motivated by hatred, most Americans do back the current federal hate crime laws, including the expanded definition of hate crime passed in 2009. 56% of Americans back the federal law mandating tougher penalties for cimes motivated by race, religion or gender, and 51% support expanding that to include sexual orientation, gender identity and disability. Democrats (68%) tend to be much more supportive of the law than either independents and Republicans. Republicans (38% to 39%) are split over the expanded definition of hate crime, while independent tend to support (46%) rather than oppose (28%) it….

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Garland, Texas imam calls for restrictions on the freedom of speech

That is always the endgame for Islamic supremacists: to destroy the freedom of speech so that Islam cannot be criticized and the jihad cannot be opposed, so that it can advance unimpeded. People have no idea what is at stake in this controversy.

“Group that hosted Prophet Muhammad Cartoon Contest has Houston supporters,” by Joel Eisenbaum, Click2Houston.com, May 13, 2015 (thanks to Pamela Geller):

But other Houstonians, including a Houston area Muslim imam, who condemned the Garland attack, but supports restrictions on free speech, believes incendiary language should be restricted by law.

“I think there needs to be a change to the law where people do not disrespect especially high people,” Imam Mobasher Ahmed said.

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Blurred Lines: When Guns Become Speech by JEFFREY A. TUCKER

Suing the government is always risky. It’s mostly unsuccessful. But the inventor of the first 3-D-printed gun (“The Liberator”) is forging ahead anyway. He has filed suit against the U.S. Department of State for forcing him to take down his digital files from the Internet.

The New York Times quoted several constitutional attorneys who believe that Wilson case is non-trivial and could possibly be decided in his favor. First Amendment attorney Floyd Abrams told the Times: “On the face of it, it seems to me like a serious claim.”

The grounds he has chosen are interesting and compelling. He says that by forcing his data offline, the government violated his free speech rights. He did nothing but post a file type with digital content, essentially just a series of 1s and 0s

The State Department scrambled to find some old regulation to use to force it down. They scrounged up Cold War-era regulations concerning “International Traffic in Arms” — legislation designed to control the flow of arms from the U.S. to Soviet-bloc territories in Eastern Europe.

But Wilson never trafficked in guns. He didn’t even manufacture any with an attempt to market them, much less transport them across national borders. He merely shared an idea through the medium that is the primary vehicle for the exercise of speech in our time. How can a law designed to prevent guns exports pertain to the sharing of an idea?

What is the difference between a real gun and a digital model of a gun? Guns are physical, weighty, take up space, and subject to the constraints of scarcity. To be transported, they have to be packed and shipped.

But what if you can take the model for printing a gun and render it in an infinitely malleable, portable, reproducible, weightless file that can shared like an email? Anyone who obtains that file can print a functioning gun.

Under those conditions, a gun leaves the physical world to become part of the realm of ideas. To invent it, change it, and share it is no different from inventing, changing, and sharing any other idea. It is a human right. And that is precisely what the First Amendment seeks to protect. For any government to forbid it is to muzzle the freedom to think and to speak.

Wilson publicly posted his computer-aided design (CAD) files on a distributed network. He did nothing more. It’s a form of speech. But the government said no. Over the following two years, Wilson tried his best to comply with the regulations to which the government claimed he was subject, but never did receive a green light.

Meanwhile, this being the Internet, his CAD files migrated to a thousand other places online. Wilson very cleverly assured that this would happen by releasing his file with a compelling video that garnered massive media attention. Millions of downloads took place. Just days after the files had been posted, crowd-sourced improvements to his 3-D gun were all over the Internet, and YouTube was hosting video tutorials in how to print and assemble them.

The case really pushes us to think about the implications of government regulation in the digital age.

Over the last 20 years, we’ve seen the acceleration of a great migration of the physical world to the digital world. It began with messaging, moved to images, and then onward to sound files and movies.

With 3-D printing, potentially any object can be digitized and ported peer-to-peer anywhere in the world, making a mockery of production controls, consumer regulations, trade barriers, patents, taxes, and a thousand other government restrictions. With the migration of money from physical to digital, and from national to global, as with Bitcoin, the same new reality presents itself.

The more this revolution progresses, the more we become aware of just how outmoded our systems of government control really are. They were created in an analog age where all sources of economic value seemed to be instantiated exclusively into scarce, physical goods. When government sought to control them, they were really controlling physical things and persons. This is what government does well, by use of its monopoly of coercive control in a particular geography. Government is a uniquely analog institution.

But what happens in a digital age when the physical inhabits a digital space in which “things” become infinitely portable (regardless of borders), infinitely malleable (regardless of regulations), and essentially indestructible (regardless of how much coercion is used)?

Government experiences a loss of control. It becomes ineffective, outmoded, and obsolete. Inner contradictions begin to reveal themselves.

In a digital world, government attempts to control really amount to an intervention in fundamental civil liberties such as speech that nearly everyone believes must be protected.

The American left — which has long believed it could heavily regulate the “economy,” while leaving civil liberties intact — will have trouble making sense of this one. The American right — with its belief that free enterprise can live happily alongside censorship — faces a similar cognitive dissonance.

What’s beautiful in this case is that Cody Wilson knew of this tension all along, and his gun was designed to underscore the point: If you try to control the Internet, you are really attempting to control people in ways that are unconscionable. He is a student of the libertarian tradition, and his passions are fundamentally with the cause of human liberty. He is not a “gun nut” so much as a “human rights nut”; now he can fairly be said to be a free speech nut. Matters are playing out exactly as he had hoped.

Regulating in the world was much easier when we are talking about land, heavy machinery, and other things that take up space. It all comes down to who has the most manpower and firepower.

But when the truly valuable things in the world cross that great divide between material and merely intellectual, the balance of power shifts too. The cause of freedom has the advantage. This is the single most salient feature of the politics and economics of our time.

I truly hope that Wilson wins his case. But even if he loses, he has made his point: Either we shut down the progress of the world toward ever more sharing of information, or we stop trying to impose atavistic forms of coercion and control.

Meanwhile, I just Googled for CAD files of printable guns. In a fraction of second, 2,000 different models filled my screen. In some ways, Wilson has already won. You can’t stop the signal.

Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.

The Thinning Skin of America

While reading a column this week about the pernicious effects of “micro-aggressions” on the psychological development of America’s young men and women, I thought to myself: what has happened to this rugged country?

police speechThis idea, born out of academia, that “micro-aggressions” and “trigger words” can cause lasting damage to the “delicate” human spirit is surely an insult to the memories of the millions of Americans, my grandparents included, who suffered through the Great Depression, fought in the trenches, cities, beachfronts and the forests of the World Wars, and the many millions more who labored through a lifetime of arduous, back-breaking, manual labor without the benefits of advanced safety equipment or robotics.

Does anyone really want to live in a country where the language police stand ready to declare a word as “triggering” at a moment’s notice and to subsequently label and stain the speaker with an unflattering adjective, while having to immediately provide a “safe space” for the delicate flower on the receiving end?

Does anyone really want to live in a country where social and ideological pressure from academic elites and society’s “thought leaders” force people into group identifications and allegiances in order to demonstrate the implicit discrimination acting against us through “micro-aggressions”?

Does anyone really want to live in a country where controversial speech is labeled “provocative” because terrorist savages feel that gunning people down in cold blood is the appropriate remedy for being on the receiving end of words that offend them?

Should these panels of self-ordained “experts” on the use of language, and the psychological and sociological reasons for the use of the language, really be given such power? The power to mark someone with the Scarlet Letter for grievances against society either real, or imagined, is a dangerous one in the wrong hands. More dangerous is the power of savage violence to suppress speech, and to create a climate of fear indicative more of a third-world tyranny than the world’s most prosperous democracy.

The danger of restricting speech, both controversial and ideological, creates an obvious slippery slope with no clear defining limits to the speech dragnet. A growing number of Americans sense the danger of operating on this slope, but some do not. Sadly, many have bought into the false narrative that the enlightened “elites” in academia, the government bureaucracy, the cultural “thought leaders,” and the media should determine which form of speech is acceptable and which form should be restricted.

America is exceptional because anyone is free to openly speak about and celebrate our country and its political leadership. Or you are free to lob endless insults at both (free of threats), without fear of imprisonment or harm. Sadly, this is the historical exception, not the rule. In order to preserve this going forward, I have a suggestion: MAN UP!

Now, I understand that the use of “MAN UP!” rather “man up” can be perceived as potentially “micro-aggressive” because I used capital letters and an exclamation point. I also understand that it can be perceived as “triggering” because I used the word “man” instead of using the words “man and woman,” but I refuse to issue any faux apologies to placate the speech police crowd and their Hester Prynne end-game. I am the son of a resilient single mother, the husband of a first generation immigrant who fought against nearly insurmountable odds to become a successful mother and small business owner, the father to two strong and determined young ladies who never settle for second best, and the partner of a core group of determined and effective female political strategists who run my political organization. I will not now, nor ever, be lectured to by a group of academic elites, who haven’t accomplished an iota of what these powerful women have, about what constitutes both constructive and destructive interpersonal interactions.

We, as a country, need to man up. One could spend an entire lifetime pinpointing real and perceived grievances against America for reasons both legitimate and not, but the real question is – where is this getting us? Race relations, community strife and the balkanization of America into separate groups have all grown worse under this administration despite their rhetoric otherwise, and the constant attention they shower on identity politics. There are both angels and fools among us, the world is a tough place

We should focus more on what we can do to empower our young men and women growing up under tough circumstances and on how to teach them to take a punch and then get back up. A vibrant national school choice initiative, tax rates which give businesses the opportunity to expand into struggling cities, personal control over healthcare and health insurance and, most importantly, a reduced role of government in all of our lives which is stealing away the pride of ownership over our efforts, are but some of the steps we need to ensure that the next generation develops the resolve to fight on in the face of adversity and accept nothing less than the success they deserve.

EDITORS NOTE: This column originally appeared in the Conservative Review.

6 Reasons Pamela Geller’s Muhammad Cartoon Contest Is No Different From Selma

“In 1965, defying racist Democrats posed a legitimate threat to your life. In 2015, defying jihadists poses a legitimate threat to your life. Martin Luther King knowingly risked his life. Pamela Geller knowingly risks her life.”

This piece is brilliant in its clarity. Leftists and Islamic supremacists have, of course, reduced it to “Nolte likens Pamela Geller to Martin Luther King!” but that is not the point at all, although there really isn’t any problem with the comparison anyway. The point is that both “provoked” an oppressor to expose him as such, at risk to their lives. One is revered, one is excoriated. Both are heroes.

“6 Reasons Pamela Geller’s Muhammad Cartoon Contest Is No Different From Selma,” by John Nolte, Breitbart, May 9, 2015:

When you are dealing with the mainstream media, it is always difficult to tell if you are dealing with willful ignorance or just plain old ignorance-ignorance. There are plenty of moronic savants in the national media who have cracked the “hot take” code to please their left-wing masters but have no fundamental grasp of history, or much of anything much of else.

The act of willful ignorance in the media manifests itself through bias, and lies of omission conjured up to serve that bias. These dishonest liars know they are dishonest liars, and willfully choose to not tell the world pertinent facts like, say, Baltimore has been run by Democrats for a half-century, Hillary Clinton is in favor of legally aborting infants born alive, Ted Kennedy abandoned a drowning woman, and George Zimmerman is Hispanic.

Anyone who knows anything about history understands that tactically and morally, Geller’s provocative Muhammad Cartoon Contest was no different than Dr. Martin Luther King’s landmark march from Selma to Montgomery.

The first thing the spittle-flecked will scream upon reading the above is that I am comparing Geller to King. I did not know King. I do not know Geller. I am not comparing anyone to anyone. What I’m comparing is one righteous cause to another.

The second thing the spittle-flecked will scream is that King never would have held a Draw Muhammad Cartoon Contest … which brings me to the first reason there is no moral or tactical difference between Garland and Selma:

The Oppressor Chooses the Form of Protest, Not the Protester

Whether it is a bully stealing lunch money, an abusive husband “keeping the little woman in line,” a government passing unjust laws, or religious zealots demanding fealty from all, oppressors come in all shapes and sizes.

Oppressors do, however, share three important things in common: 1) The use of the threats of everything from shaming to instituting unjust laws to violence. 2) The goal of stripping others of their rights. 3) The choosing of the design and structure of whatever defiant protest might take place against them.

The protester has absolutely no say in this matter.

The only way to defy and protest against the bully who takes your lunch money, is to not give him your lunch money. Through his own actions the bully has designed the form of protest. The same is true for the abusive husband. If he is using the threat of violence to keep you “in line,” a defiant protest can only come in one form: doing the exact opposite of what he tells you to do or not to do.

If an unjust government passes a law making it illegal to sit in the front of the bus, the only way to protest the unjust government is to sit in the front of the bus.

Martin Luther King did not choose his form of protest in Selma. Racist Southern Democrats did.

Pamela Geller did not choose her form of protest in Garland. The jihadists did.

The day that changed America is called “Bloody Sunday.” On March 7, 1965, five-hundred-plus civil rights activists provoked violence from their oppressors by defiantly gathering on the Edmund Pettus Bridge in Selma, Alabama.

It was the oppressor who chose this form of protest, not the protestors. Racist Democrats who ran Selma and the state of Alabama refused to authorize the march and pledged to stop it. Therefore the only righteous way to defy these racist Democrats who refused to allow Americans to exercise their God-given right to protest for their God-given rights, was to go ahead with the march.

What was true in Selma 50 years ago also was true in Garland 5 days ago.

It was the jihadists who told us they would oppress us with violence if we exercised our God-given rights to draw and satirize Muhammad. Therefore, to righteously defy this oppression, Pam Geller and the 200 others had no other choice but to draw and satirize Muhammad (more details on this below).

The Deliberatively Provocative Symbolism of the Site of the Protest

The launch point of the historic 1965 march from Selma to Montgomery was no accident. To poke a finger deep in the eye of their racist Democrat oppressors, civil rights organizers deliberately chose the Edmund Pettus Bridge. The bridge is named after a Grand Dragon of the Ku Klux Klan, a confederate Civil War general, and a Democrat U.S. Senator.

Starting their civil rights crusade in such a place was an intentional taunt, an open insult to a diseased culture, and an obvious act of cultural blasphemy.

For the same righteous reasons, Geller chose the site of The Curtis Culwell Center in Garland, Texas, to hold her defiant cartoon protest. Just two weeks after the Charlie Hebdo massacre in France, a Stand with the Prophet in Honor and Respect event was held at the Curtis Calwell Center. The Islamic event was a horror show of extremism.

An unindicted co-conspirator in the 1993 World Trade Center bombings was invited to the conference — a barbarian who has declared the F.B.I. a terrorist group and preaches, “This so-called democracy of America, will crumble and there will be nothing. The only thing that will remain will be Islam.”

The organizer of the event, Malik Muhammad, has advocated for Sharia Law here in America.

The entire event was premised on “defeating” those who disrespect Muhammad. This was all couched under the politically correct term of “Islamophobia,” but here is the rub:

“Frustrated with Islamophobes defaming the Prophet?” the event materials ask. … “Remember the Danish cartoons defaming the Prophet? Or the anti-Islam film, ‘Innocence of Muslims’?”

Like I said: it is the oppressor who chooses the form of protest.

A Righteous Cause for Civil Rights

In the face of a very real danger, Martin Luther King, his fellow organizers and hundreds of free Americans, stood up and defied their savage oppressors in defense of their God-given rights.

They provoked violence, taunted, and broke the law, all in furtherance of a righteous cause.

In the face of a very real danger, Pam Geller, her fellow organizers and hundreds of free Americans, stood up and defied their violent oppressors in defense of their God-given rights.

They provoked violence, taunted, and obeyed the law, all in furtherance of a righteous cause.

I Come In Peace

The Selma protesters defying their violent oppressors, did so peacefully. Their only provocation was exercising their rights.

The Garland protestors defying their violent oppressors, did so peacefully. Their only provocation was exercising their rights.

Democrat Bigots Victim-Blame

While much of the national media sided with the Selma protestors, local Democrats in the media and the political establishment blamed and demonized King, and his followers, for rocking the boat, provoking violence, insulting the local culture, and causing the violence to happen.

Last week, Democrats in the media (New York Times, CNN, Washington Post, and even some sorry corners of Fox News) and the political establishment blamed and demonized Geller, and her followers, for rocking the boat, provoking violence, insulting a culture, and causing the violence to happen.

The 1965 Democrats and today’s Democrats are also bigots. The same CNN that protects Islam from offense by blurring the Muhammad cartoons, does not blur the Piss Christ.

The same New York Times that blasts those who offend Islam, profits from Mormon bashing.

Every one of these present-day media Democrats are silent in the defense of satire and mockery directed Christianity, or they enjoy and defend it. The opposite is true of satire and mockery directed at Islam. And that is the very definition of bigotry.

For the Righteous Cause of Freedom, People Risk Their Lives

In 1965, defying racist Democrats posed a legitimate threat to your life.

In 2015, defying jihadists poses a legitimate threat to your life.

Martin Luther King knowingly risked his life. Pamela Geller knowingly risks her life.

In both good and evil ways, Sunday in Garland, Texas, history repeated itself.

The national media is hiding that fact because they are either too bigoted, cowardly, and biased to tell the truth, or too ignorant to see the truth.

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SNL skit depicts fear of drawing Muhammad

Iran Holds Holocaust Cartoon Contest, Draws Nearly a Thousand Entries

Video: Geller vs. Camerota — Free speech warrior bests advocate of Sharia submission

The stakes couldn’t possibly be higher, but no one in the mainstream media seems to understand that or to be willing to recognize it publicly. The question is this: will the free West allow thugs and murderers to dictate our behavior and force non-Muslims to conform to an Islamic religious law? Or will it stand up for the freedom of speech and recognize it as our foremost protection against an authoritarian government that would strip us of our other rights and freedoms?

CNN’s Alisyn Camerota, in this joust with Pamela Geller, exemplifies the moral blindness of the West, and its eagerness to go gently into that good night, submitting to the dictates of killers.

RELATED ARTICLES:

Brave winner of Muhammad art contest says ‘once free speech goes, it’s over’

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Texas shooter: “When will the kuffar understand and stop insulting the prophet?”