There is an interesting en banc ruling out of the United States Court of Appeals for the Sixth Circuit where the court held that Christian evangelists who were “preaching hate and denigration to a crowd of Muslims” are entitled to damages for being ejected from participation as protesters in the 2012 Arab International Festival. The case raises the long-standing concern over the “heckler’s veto” where a speaker is silenced to appease an angry mob or crowd. The case is Bible Believers v. Wayne County, 2015 FED App. 0258P (6th Cir. 2015)
In his famous law review article coining this term, Harry Kalven observed “If the police can silence the speaker, the law in effect acknowledges a veto power in hecklers who can, by being hostile enough, get the law to silence any speaker of whom they do not approve.” See Harry Kalven, Jr., The Negro and the First Amendment 140 (Ohio St. Univ. Press 1965).
The Sixth Circuit clearly agreed. The Court detailed how in a prior year, the Christians were forced to end their protests. In anticipation of similar efforts by Deputy Chief Mike Jaafar and others involved in the earlier crackdown, the Bible Believers wrote to reconfirm that they would not be targeted to appease the crowd. They received a letter largely denying their account of the prior protests and reminding them that the police would act to stop any potential violence.
In the 2012 protests, the Christians would again be surrounded by irate Muslims and the police would again remove the Christians to avoid any violence. Muslims were incensed by one Christian carrying a severed pig’s head on a spike in a belief it would keep the Muslims at bay. Another declared that “You believe in a prophet who is a pervert,” and, “God will reject you.” Muslims counter-protesters started to take violent action like throwing objects at the Bible Believers.
In summary, the Bible Believers attended the 2012 Festival for the purpose of exercising their First Amendment rights by spreading their anti-Islam religious message. When a crowd of youthful hecklers gathered around the Bible Believers, the police did nothing. When the hecklers began throwing bottles and other garbage at the Bible Believers, a WCSO officer intervened only to demand that the Bible Believers stop utilizing their megaphone to amplify their speech. Virtually absent from the video in the record is any indication that the police attempted to quell the violence being directed toward the Bible Believers by the lawless crowd of adolescents. Despite this apparent lack of effort to maintain any semblance of order at the Festival, each time the police appeared on the video—to reprimand the use of the Bible Believers’ megaphone, to suggest that the Bible Believers had the “option to leave” the Festival, to trot by on horseback while doing next to nothing, and to expel the Bible Believers from the Festival under threat of arrest—the agitated crowd became subdued and orderly simply due the authoritative presence cast by the police officers who were then in close proximity. Only once is an officer seen removing one of the bottle-throwing teens. Israel, when faced with the prospect of being arrested for disorderly conduct, observed, “and you would think we would be complaining, but we’re not.” (R. 28-A, Raw Festival Footage, Time: 00:55:16). The Bible Believers were thereafter escorted from the Festival and ticketed by a large group of WCSO officers for removing the license plate from their van.
It is clear that the police were targeting the speakers rather than those who were threatening to take violent actions or actually taking such actions in response to their exercise of free speech. The Bible Believers were being blamed for “inciting” others — a dangerous standard that would gut the first amendment. Indeed, we have seen the erosion of free speech in the West based on such notions of incitement This includes some efforts in the United States by groups to ban free speech in subway advertisements and other forums.
The Sixth Circuit refused to join this trend:
Notably, a heckler’s veto effectuated by the police will nearly always be susceptible to being reimagined and repackaged [*63] as a means for protecting the public, or the speaker himself, from actual or impending harm. After all, if the audience is sufficiently incensed by the speaker’s message and responds aggressively or even violently thereto, one method of quelling that response would be to cut off the speech and eject the speaker whose words provoked the crowd’s ire. Our point here is that before removing the speaker due to safety concerns, and thereby permanently cutting off his speech, the police must first make bona fide efforts to protect the speaker from the crowd’s hostility by other, less restrictive means.
For me, the role of Corporation Counsel in this flagrantly unconstitutional action is the most disturbing. The Sixth Circuit noted “Corporation Counsel informed the Bible Believers by way of letter that ‘under state law and local ordinances, individuals can be held criminally accountable for conduct which has the tendency to incite riotous behavior or otherwise disturb the peace.'” That position is not only in direct conflict with core constitutional cases and principles, it would negate much of our free speech values in the United States. Fortunately, the Sixth Circuit has not lost sight of those values but it is a dangerous thing to have key police and lawyers in Wayne County who maintain such ill-informed and abusive views.
“Sylvester, You do, of course, realize that you’re fighting against prejudice by employing prejudice. ”
Is that anything like fighting fire with fire?
And those outside the church, I might add.
http://faithpresby.org/archives/sermons/written/files_4ded75a75d7fc.pdf
“One of the most important things that our Lord ever said about love is found in John 13:34-35. There we read these words from Jesus:
“A new command I give you: Love one another. As I have loved you, so you must love one another. By this all people will know that you are my disciples, if you love one another.”
How will people in the world know that you are a Christian? Will it be the fish on your bumper or the cross around your neck? Will it be the fact that you go to church on Sundays? Is it because they see you reading your Bible? Is it because they hear you talk about God? How will they know?
They will know you are a Christian, Jesus said, because of the way you love the other people, all the other people, in your church.”
David:
I believe you’re mistaken about liberals being emotional. If any of the conservative economic policies, like deregulation and cutting taxes for the wealthy, had ever been shown to work, then I’d be all in. But they don’t.
T. Hall wrote: “If any of the conservative economic policies, like deregulation and cutting taxes for the wealthy, had ever been shown to work, then I’d be all in.”
These policies worked under Ronald Reagan. Mostly, though, it is just common sense. Where does the money come from to drive the economy? Does it come from government or from private enterprise? The money comes from private enterprise. So the less regulations and less taxes the government takes, the stronger the economic engine is. This is what made America blossom in its early history. America did not have the baggage of big government.
I don’t know what you’re taking issue with, Schulte. Hobby Lobby refused to cover abortion and contraception for female employees under its employer provided health insurance.
Gay marriage is legal, according to no less than Jack’s vaunted Supreme Court, and Kim Davis refused to issue marriage licenses, just like the paragraph said.
And those Southern states are vigorously trying to impede citizens from voting by, among other things, making it difficult to obtain the necessary identification.
What is it that you think is so ignorant about these statements?
Hall – Hobby Lobby refused to pay for it, which the Supreme Court agreed with. Voter I.D.s have been approved by the Supreme Court for local and state elections but not federal, so Arizona continues to use them. Kim Davis tried to get the legislature or the governor to help her with her problem, in case it became a problem because her oath of office required her to obey the state constitution and law which included marriage only between a man and a woman. She felt she had taken an oath and had to keep to it.
As far as voter IDs go, Arizona will come to your house if you are impaired and it is at no cost to you. Could not be easier.
Jack
What’s with all the orders? People are usually allowed to enjoy the blog, guilty pleasures and all. It’s not often that people are told to do something or leave. People also often change subjects without objection from others.
As to Cato and R. Levy, I’m unimpressed with his support of SS marriage. Their mission and political philosophy is abhorrent.
“The Right. Absolutely no compunction in lying, double down lying, dirty tricks, and bullying. They are REALLY good at that.”
Sylvester, You do, of course, realize that you’re fighting against prejudice by employing prejudice. Don’t you?
[youtube http://www.youtube.com/watch?v=rKW3DvYD1Tc&w=420&h=315%5D
Paul, “Liberals find it difficult to lie” Or if they’re wrong, “They feel shame.” ROTFLMAO!! You really can’t make this stuff up.
People of ALL stripes lie. That’s how I’ve made a very good living, catching liars, lying. Caught many liberals, after all I’m in Madison. But, caught plenty of conservatives as well. No one is immune to the 7 Deadly Sins. To make a statement like the one I quoted shows incredible dissociation from reality. But, here’s what I’ve found. Some people can make incredibly illogical statements like “Liberals find it difficult to lie” and pass a polygraph. George Costanza explained it well.
David, thank you.
Annie, I think you are very mistaken. Ruben is not a good man. He is a vile man who was bullying, insulting, hectoring, provoking peaceful families who were on their way to worship. People who couldn’t fight back even if they wanted to. They can’t afford that. They’re Muslims in a country full of Islamophobia. Since we’re so into Nazis today, it was a confrontation like a Nazi guard would have with Jews being rounded up in the ghetto. It was a disgusting performance that he hope would provoke some violence. Proselytizing? BS. It was vile, vile, vile.
“I don’t believe you’re…” Confirmed?
Sylvester, You might not like it, but Robert Levy and the Cato Institute were big proponents of same-sex marriage.
po, “to ridicule!
Guilty pleasure, I admit it.” — Knock it off. That’s not permitted here. Either participate in the discussion or leave.
Sorry, name correction, I wrote the above to Jack
Jack:
First: I extend an apology if, and I mean if you are as credentialed as you claim. I qualify my apology because it’s only too easy, as you must admit, for someone to make the incredible claims for themselves in a forum like this. Indeed, we see it everyday from one or two of these regulars.
But if you have earned what you say, then I apologize for suggesting that you haven’t done your reading.
Nevertheless, if you have, then you know you’re stripping these quotes from their context.
You have dropped into a conversation that’s been running across several blog entries. If you go back to the thread following the blog entry about the road rage incident in Albuquerque, you’ll see where I provide over a dozen quotes from cases dealing with Second Amendment jurisprudence. I’ll go back and grab them for you if time allows, but feel free to go back and bring yourself up to speed.
But honestly, you’re the one who appealed to yourself as an authority.
David, he sounds like a good man, which makes it all the more distressing that he has been so misled. His preaching is not Biblical, at least not as it pertains to the New Testament. The New Testament and the teachings of Jesus are all about love, not about preaching hate.
Annie wrote: “His preaching is not Biblical, at least not as it pertains to the New Testament. The New Testament and the teachings of Jesus are all about love, not about preaching hate.”
Well, if you actually study the New Testament, you might be surprised. Certainly there is love taught there, but that is not all. No other teacher taught more about the damnation of hell fire than Jesus. They didn’t crucify him because he was teaching the kind of love taught in most churches today. Jesus said that the world hated him because he testified that its works were evil.
And did you know that in the book of Acts which convey all the acts of the apostles that the word love is not mentioned even one time?
Consider this snippet from the teaching of Jesus:
—-
Woe unto you, scribes and Pharisees, hypocrites! because ye build the tombs of the prophets, and garnish the sepulchres of the righteous, And say, If we had been in the days of our fathers, we would not have been partakers with them in the blood of the prophets. Wherefore ye be witnesses unto yourselves, that ye are the children of them which killed the prophets. Fill ye up then the measure of your fathers. Ye serpents, ye generation of vipers, how can ye escape the damnation of hell? Wherefore, behold, I send unto you prophets, and wise men, and scribes: and some of them ye shall kill and crucify; and some of them shall ye scourge in your synagogues, and persecute them from city to city: That upon you may come all the righteous blood shed upon the earth, from the blood of righteous Abel unto the blood of Zacharias son of Barachias, whom ye slew between the temple and the altar. Verily I say unto you, All these things shall come upon this generation. O Jerusalem, Jerusalem, thou that killest the prophets, and stonest them which are sent unto thee, how often would I have gathered thy children together, even as a hen gathereth her chickens under her wings, and ye would not! Behold, your house is left unto you desolate. For I say unto you, Ye shall not see me henceforth, till ye shall say, Blessed is he that cometh in the name of the Lord.
(Mat 23:29-39)
—–
Clearly Jesus did not always teach love.
And look at the following message of John the Baptist, the man who Jesus said was the greatest prophet:
—–
Then said he to the multitude that came forth to be baptized of him, O generation of vipers, who hath warned you to flee from the wrath to come? Bring forth therefore fruits worthy of repentance, and begin not to say within yourselves, We have Abraham to our father: for I say unto you, That God is able of these stones to raise up children unto Abraham. And now also the axe is laid unto the root of the trees: every tree therefore which bringeth not forth good fruit is hewn down, and cast into the fire. And the people asked him, saying, What shall we do then? He answereth and saith unto them, He that hath two coats, let him impart to him that hath none; and he that hath meat, let him do likewise. Then came also publicans to be baptized, and said unto him, Master, what shall we do? And he said unto them, Exact no more than that which is appointed you. And the soldiers likewise demanded of him, saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely; and be content with your wages. And as the people were in expectation, and all men mused in their hearts of John, whether he were the Christ, or not;
(Luke 3:7-15)
—–
Something to think about.
David, aside from his teachings not being a Biblical, at least the way it’s taught in my church, he promulgates hatred against innocent worshippers, Muslims and Catholics alike. His interpretation of the Bible is his and yours. Thankfully there are Christians who disagree with that interpretation of Jesus’ message.
David
Neither do you bully. But man, you’re one unusual dude.
Schulte: Please explain how the paragraph you cite is ignorant.
T. Hee – what about that paragraph is factual? If it is not factual, then the author is ignorant of the facts.
Liberals don’t do confrontation, dirty tricks and ugliness well. If you want to call that feminism, well okay, but it doesn’t mean much to me. We lack a Karl Rove, Lee Atwater, Rupert Murdoch, Richard Nixon, etc.
Liberals find it difficult to lie. When confronted with a mistake, an error, they tend to say sorry. If it was bad enough, they feel shame.
The Right. Absolutely no compunction in lying, double down lying, dirty tricks, and bullying. They are REALLY good at that.
David, not you. You don’t lie, but you have very strange ideas. What did you teach?
Slyvestere wrote: “What did you teach?”
Biology. My area of study concerned the ecology and evolution of vertebrates. Now I earn a living developing computer software.
Slyvestere – you say liberals don’t lie and you have Hillary Clinton running for President? Geez, you even lie about lying.
Inga – any commenter is free to give out their email address. You can if you want.
David,
Yes I am a strong woman. I don’t think I’m an exception to the rule, I’m simply stubborn and refuse to be driven off.
David, your friend, the street preacher, do you think what he says is logical? Do you think your friend the street preacher isn’t a bit on the emotional side?
Annie wrote: “David, your friend, the street preacher, do you think what he says is logical? Do you think your friend the street preacher isn’t a bit on the emotional side?”
Ruben is very logical. Very little emotion at all. Furthermore, he is honest and sincere. No guile in him whatsoever. A real standup guy. He is not a scholar like me, but he is a doer. He believes he is serving God. While I go off on trips like JT does and enjoy other cultures, Ruben’s vacation time is spent visiting other cities to preach his message. I admire that kind of sacrifice. Every year he goes to Mardi Gras and does what he was doing at this festival. He has done it for more than 30 years I think and has not missed a single year. I have known him for about 20 years. He goes to the Super Bowl every year, not to enjoy the game and festivities, but to preach to sport idolaters. The man is dedicated to his beliefs and is a straight arrow. Few men have earned the kind of respect that I have for him. Few could keep up with his schedule and live the sacrificial life that this man lives.
Well David, I’m not going anywhere.
Annie, you are a strong woman. Apparently you don’t need emotional support. You are an exception to the general rule. 🙂