Sharia Law and Impeachment

Andrew McCarthy, writing for National Review Online last Friday, described a shocking—and revolting—development in American jurisprudence.

Before I go into that, though, let me digress and provide a couple of quotes from the Pennsylvania Constitution.  First is a state judge’s oath of office, from Article VI, Section 3:

I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity.

Next is the state constitution’s view of free speech, from Article I, Section 7 (I won’t go into the Federal Constitution’s 1st Amendment statement on free speech—a statement which a Pennsylvania state judge also is sworn to support, obey and defend):

The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.

Now to cases.  It seems that Ernest Perce was the victim of a criminal assault.

Ernest Perce wore a “Zombie Mohammed” costume and pretended to walk among the dead (in the company of an associate who was the “Zombie Pope….”  The assailant, Talag Elbayomy, a Muslim immigrant, physically attacked Perce, attempted to pull his sign off, and, according to police, admitted what he had done right after the incident.

State Judge Mark Martin

dressed the victim down for failing to appreciate how sensitive Muslims — including the judge himself [a converted Muslim] — are about Islam.

The (now twice over) victim recorded the audio of Martin’s shameful performance and has posted it on YouTube.

Here is an excerpt from Martin’s…ruling (there’s more at the NRO link above).

Before you start mocking someone else’s religion you may want to find out a little bit more about it. That makes you look like a doofus.

And Mr. Thomas [Elbayomi’s defense lawyer] is correct. In many other Muslim speaking countries – excuse me, in many Arabic speaking countries – call it “Muslim” – something like this is definitely against the law there. In their society, in fact, it could be punishable by death, and it frequently is, in their society.

Thus, what goes on in “other countries” must, of necessity, supersede domestic law governing behaviors done domestically.  Even when what goes on in those countries is patently barbaric.

Courtesy of The Volokh Conspiracy, Martin explains himself:

This story certainly has legs. As you might imagine, the public is only getting the version of the story put out by the “victim” (the atheist). Many, many gross misrepresentations. Among them: I’m a Muslim, and that’s why I dismissed the harassment charge (Fact: if anyone cares, I’m actually Lutheran, and have been for at least 41 years).

I also supposedly called him and threatened to throw him in jail if he released the tapes he had made in the courtroom without my knowledge/permission (Fact: HE called ME and told me that he was ready to “go public” with the tapes and was wondering what the consequences would be; I advised him again to not disseminate the recording, and that I would consider contempt charges; he then replied that he was “willing to go to jail for (his) 1st amendment rights”- I never even uttered the word “jail” in that conversation).

He said that I kept a copy of the Quran on the bench (fact: I keep a Bible on the bench, but out of respect to people with faiths other than Christianity, I DO have a Quran on the bookcase BESIDE my bench, and am trying to acquire a Torah, Book of Mormon, Book of Confucius and any other artifacts which those with a faith might respect).

He claims that I’m biased towards Islam, apparently because he thinks I’m Muslim. In fact, those of you who know me, know that I’m an Army reservist with 27 years of service towards our country (and still serving). I’ve done one tour in Afghanistan, and two tours in Iraq, and am scheduled to return to Afghanistan for a year this summer. During my first tour in Iraq, I was ambushed once, attacked by a mob once, sniped at once, and rocketed, bombed, and mortared so many times that I honestly don’t know how many time I’ve been attacked. Presumably by Muslim insurgents. My point: if anyone SHOULD be biased towards Muslims, one would think it would be me. I’m not, however, because I personally know or have met many good, decent people who follow Islam, and I shouldn’t characterize the actions of those who tried to kill me as characterizations of all Muslims.

When I asked him why he dressed up as “Muhammad zombie,” he told me that it was because he was reflecting the Muslim belief that Muhammad rose from the dead, walked as a zombie, and then went to heaven. That was one of the reasons I tried to spend 6 whole minutes trying to explain and de-mystify Islam through my own knowledge, and in an attempt to prevent an incident like this recurring in my community. Unfortunately, the message was obviously not received in the vein that I had intended. And, in the interest of full disclosure, I did use the word “doofus,” but didn’t call him that directly; I said something akin to “ if you’re going to mock another religion or culture, you should check your facts, first- otherwise, you’ll look like a doofus.”;

In short, I based my decision on the fact that the Commonwealth failed to prove to me beyond a reasonable doubt that the charge was just; I didn’t doubt that an incident occurred, but I was basically presented only with the victim’s version, the defendant’s version, and a very intact Styrofoam sign that the victim was wearing and claimed that the defendant had used to choke him. There so many inconsistencies, that there was no way that I was going to find the defendant guilty.

A lesson learned here: there’s a very good reason for Rule 112 of Rules of Criminal Procedure- if someone makes an unauthorized recording in a Court not of Record, there’s no way to control how it might be manipulated later, and then passed off as the truth. We’ve received dozens upon dozens of phone calls, faxes, and e-mails. There are literally hundreds of not-so-nice posts all over the internet on at least 4 sites that have carried this story, mainly because I’ve been painted as a Muslim judge who didn’t recuse himself, and who’s trying to introduce Sharia law into Mechanicsburg.

Like Professor Volokh suggests, this is unconvincing.  There remains the fact of the assault, both unprovoked and unjustified.  As to “the victim’s version, the defendant’s version, and a very intact Styrofoam sign,” there’s also the police’s hearing of the assailant’s confession and the possibility of an explanation of the sign’s condition, both of which he refused to hear when he tossed the case.

This judge has willfully and deliberately applied foreign law (and he as, as a separate matter, applied foreign religious law) to a domestic American criminal case, and he has done so by replacing applicable domestic law with that foreign law.  This is a deliberate violation of his oath of office, and this should be an impeachable offense.  We’ll see in the coming days whether the Pennsylvania legislature is up to the task of protecting American, and its own state, law.  We’ll also see in the coming days whether the prosecutor involved is up to the task of appealing this willfully wrongful dismissal.

Information Flow, PRC Style

Last month the People’s Republic of China’s government news service, Xinhua News Service, carried a statement from the State Administration of Radio, Film and Television (SARFT) concerning the PRC’s decision about what the Chinese people will be permitted to see on theirthe government’s television sets.  The translation is courtesy of NightWatch.

A recently implemented rule has effectively curbed the “excessive entertainment” trend as two-thirds of the entertainment programs on China’s 34 satellite channels have been cut….  According to an SARFT directive last October, each of the country’s satellite channels would be limited to broadcasting two entertainment programs each week and a maximum of 90 minutes of content defined as entertainment every day during primetime….  The directive also required channels to broadcast at least two hours of news programming.

The restricted programs on the SARFT list include dating shows, talent contests, talk shows as well as emotional stories that were deemed ‘excessive entertainment’ and of “low taste.”  …the satellite channels have started to broadcast programs that promote traditional virtues and socialist core values.  The newly-added programs…are documentaries as well as cultural and educational programs….  The SARFT believes that the move to cut entertainment programming is crucial in improving cultural services for the public….

Nothing like limiting speech “for their own good.”  The Chinese people apparently are sufficiently bereft in judgment that they cannot be left to their own devices—or to their own decisions concerning what speech they might wish to hear.

KnightWatch reminds us that the PRC does not have freedom of speech.  It’s important to note, also, that these broadcasting restrictions are consistent with another fundamental ideological position of the PRC: free markets, free speech, freedom of association, and so on are not inalienable rights; they are privileges granted by government, to be adjusted from time to time solely according to government judgment.

Consider also, the background of this broadcasting move.  In response to increasing influence in the PRC  by Western culture and ideas, which has been facilitated by increasing foreign trade (and some loosening of economic strictures in the direction of freer markets), which in turn helps foster an increasingly prosperous peasant and middle class population (at least by historical Chinese standards), Chinese leadership is pulling back and retightening restrictions.

Last fall, the Chinese Communist Party Central Committee approved an explicitly ideological foundation for cultural activities, announcing a new policy specifically to eliminate many Western entertainment shows and so limit much foreign influence.  Moreover, the PRC government earlier this year ordered internet service providers to ensure that microblog posters (a rough equivalent to the Western Twitter facility) have registered their accounts under their real names—no anonymity here. The government also has pressured those running the microblog platforms to censor themselves “voluntarily.”

So, I ask: of what is the PRC government so afraid?  Oh, wait—it’s the men populating the government…. And I ask further: why do we want these guys for our national banker?

h/t Business Insider

First Racism, Now Bullying (Cont’d)

I first posted on this subject last week.  It’s a matter that concerns a school administrator’s definition of a student’s essay, written for a sanctioned debate, as bullying  for the sole reason, apparently, that the essay expressed opposition to adoption by gay couples.  In that post, I wrote that I had emailed District Superintendent Todd Carlson, the administrator who found the dissenting opinion an act of bullying, the following questions:

1) The hoo-raw is about a student newspaper op-ed debate in the form of an essay supporting gay couple adoption and an essay opposing gay couple adoption.  Is this a fair characterization of the newspaper’s debate?
2) I request access to copies of the student essays written in favor of and in opposition to gay couples and adoption.
3) You are reported as saying “It is a form of bullying or disrespect to a group of people” in reference to the “anti” essay.  Is this an accurate quote?  If so, please advise how the “anti” position could have made without such bullying.  What terms and arguments would have been acceptable?

Dr Carlson has chosen not to respond.

Mathew Staver, founder of the Liberty Counsel, wrote to Dr Carlson also decrying the Superintendent’s bullying.  Staver described Carlson’s own bullying.

He’s using his position to bully this student. This is absolutely the epitome of intolerance….
When Mr. Wegner stated that he did not regret writing [the essay], and that he stood behind his beliefs, Superintendent Carlson told him that he “had got to be one of the most ignorant kids to try to argue with him about this topic[.]”

Then came the threat.  Carlson told Wegner

[W]e have the power to suspend you if we want to.

Although Dr Carlson declined to make the boy’s essay available to me; Staver obtained a copy of both essays in the debate, apparently from a copy of the student newspaper in which the essays originally appeared.  He made the essays available at the above link, and both essays can be read here, as well.

Read the essays, and decide for yourselves whether the boy is “bullying” anyone.

In the meantime, it’s curious that Carlson refuses to explain his own actions, or to explain the manner in which an opposing opinion could be couched in a non-bullying manner.

First Racism, Now Bullying

Apparently, disagreeing with a Progressive Politically Correct position is bullying, when it’s not racist.

A Wisconsin high school invited debate on the subject of gay couples and adoption, and then they censored the debate when some debaters actually came out in opposition.  The original debate was in the form of a “pro” essay and an “anti” essay in the high school’s student newspaper.  It seems, also, that the “anti” student grounded his/her argument in religious theory.

Having found some folks in their high school with the temerity to oppose the idea, the school and school district administration have fallen all over themselves to apologize for those unruly students who took the idea of open debate seriously.

Offensive articles cultivating a negative environment of disrespect are not appropriate or condoned by the Shawano School District.  We sincerely apologize to anyone we may have offended and are taking steps to prevent items of this nature from happening in the future.

Todd Carlson, the Superintendent of the school district, went further:

We do apologize.  We have a responsibility as a school district to make sure we create a positive school climate and culture. This article probably didn’t go along with the policies and the guidelines and the practices that we have as a school district.

And the pièce de résistance.  Carlson added:

It is a form of bullying or disrespect to a group of people – that’s right.

Of course the bullying and disrespect to another group of people—those opposing gay couple adoption—doesn’t enter into it.

This is bad enough, but the school not only has objected to just one side of the students’ debate, it has also refused to comply with requests of outside journalists to read the entire essay (and so I cannot offer anything from the offending essay, either, beyond the brief snippet cited at the link above).

As long ago as John Milton, the concept of freely expressing disagreement with established opinion was recognized as central to individual liberty.

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.

Our own Declaration of Independence acknowledges that among our individual endowments of inalienable rights is the right to liberty, of which absent free exchanges of ideas—free speech—there can be none.

John Stuart Mill understood this.

The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it.  If the opinion is right, they are deprived of the opportunity of exchanging error for truth:  if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.

US District Judge Roger Titus, District Court for the District of Maryland, understands in a related case,

[W]hile Mr. Cassidy’s speech may have inflicted substantial emotional distress, the Government’s Indictment here is directed squarely at protected speech: …uncomfortable…speech….

And now we have the Left’s version of free speech.  Hmm….

I’ve emailed Carlson the following questions; I’ll post again when I hear from him, or next Friday if I’ve not heard back by then.

1) The hoo-raw is about a student newspaper op-ed debate in the form of an essay supporting gay couple adoption and an essay opposing gay couple adoption.  Is this a fair characterization of the newspaper’s debate?
2) I request access to copies of the student essays written in favor of and in opposition to gay couples and adoption.
3) You are reported as saying “It is a form of bullying or disrespect to a group of people” in reference to the “anti” essay.  Is this an accurate quote?  If so, please advise how the “anti” position could have made without such bullying.  What terms and arguments would have been acceptable?

Whose Free Speech Is It, Anyway?

These days we have reports of “Occupiers” planning to disrupt the Iowa Republican Primary caucuses, with one young woman justifying the disruption by saying that “all we have is our bodies, and we need to do what we can to have our voices heard.”

Last week, Congresswoman Michelle Bachmann was disrupted during a campaign appearance in Iowa City as “Occupiers” shouted her down and drown her out—so that only “Occupiers'” voices would be heard.

The same week, Speaker Newt Gingrich’s appearance at the Iowa State Capitol building was disrupted with the same “my free speech, not yours” technique by other “Occupiers,” and for the same reason.

The “Occupiers” plainly believe that their free speech rights don’t end where anyone else’s free speech rights begin.  The “Occupiers” insist that only their speech is appropriate to be heard.  They’re not only attacking the speakers’ rights to speak, though, with their behavior; they’re destroying everyone else’s, also: they intend, as they have been doing all along, to dictate to you and me what speech we will be permitted to hear.  We’re not to be allowed to decide for ourselves.

These are the folks, and this is the philosophy, that the Democratic Party actively supports.  But the “Occupiers”—and by extension, our Democrats—aren’t upset that their voices aren’t being heard; they’re upset that they are not being heeded.  So they’ll “do what we need to do.”  Your free speech doesn’t count.