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Wednesday, April 20, 2011

Freedom of Religion verses Freedom of Speech

Does someone have the right to protest anywhere he desires or can a City restrict the right to freedom of speech?  Can someone whose speech is despicable to another person, still have the right to talk?  Can some one's religion have rights that exceed another person's right of speech.  Those are the questions facing Dearborn, Michigan and Reverend Terry Jones.

Reverend Terry Jones is the minister who threatened to burn the Quran and is now threatening to do a protest on Friday in Dearborn, Michigan.  The City of Dearborn has refused to give him a permit to do the protest in front of the Islamic Center but has offered him a couple "free speech" locations, one of which is in front of City Hall. Should he accept the offer or continue with his protest?  That is the question.

Both freedom  of speech and religion are guaranteed by the Constitution and in the past have been in conflict. For example, the American Nazi party was given a permit to march through Skokie, Illinois, a predominately Jewish neighborhood. 

There are many, including Reverend Jones, who feel the Islamic movement throughout the world is the greatest challenge to freedoms of the western world. Should he be able protest wherever he wants regardless of the freedom of religion.

This issue is contentious due to the conflict of these two rights and the very nature of Dearborn which has the largest Arab population outside of the Middle East as well as a very large Muslim community.(Not all Arabs are Muslim, some are Christians.)  Additionally, last year Christians handing out religious materials during the Arab Festival were arrested even though they were outside the festival grounds, were on a sidewalk and were only talking to those who approached them. Additionally, their video camera was seized which backed up their contentions. Their trial resulted in a non-guilty verdict.  So, the City of Dearborn does not come to this event with clean hands.

The burning of ANY book regardless of the nature of that book is horrendous and should never be allowed nor should it be celebrated in any way.  A book should rise or fall on its own merit or lack thereof.  Therefore, I  am very disturbed by the threat of burning the Quran that Reverend Jones made.  So, neither does Reverend Jones come to this fight with the high moral ground.

To complicate things, there are Churches down the street from the Islamic Center. If the protest goes on as Reverend Jones has threatened on Friday, it would interrupt the churches Good  Friday services.  Now it starts effecting others.

In most situations in life, there is a lot of gray in between the white and black that makes up our days. This case is the same. Which way should the situation be resolved?

My opinion is that the Reverend should be given a permit to do his "show." If not, in front of the Islamic Center, somewhere within a  block or two.  This would allow him to have his "speech rights" protected in the proximity of the Islamic Center which he feels is vile.  At the same time, it would not be shoving the protest into the faces of the Muslims who might go to the Center.  Lastly, the churches down the street would not be effected.

Now is this a satisfactory result? I doubt that anyone associated with this case will be happy.  But in the end, the the freedom of speech would have been preserved as well as the freedom of religion.  I think that this is the best we can accomplish.  What do you think?

I have attached a copy of the latest from the Detroit News. It is the latest on the situation.


.Dearborn denies permit, says Quran-burning minister could face arrest

Oralandar Brand-Williams / The Detroit News

Dearborn — Dearborn denied a permit Wednesday for Quran-burning Pastor Terry Jones' planned protest outside the Islamic Center of America on Good Friday.

Jones could be arrested if he goes ahead with the protest outside the mosque without a permit, said city spokeswoman Mary Laundroche. She added that the permit had been denied for "public safety reasons."

Jones said he had not received notification that the permit had been turned down but that he was undeterred.

Jones is due in 19th District Court in Dearborn on Thursday to answer prosecutors' claims that his demonstration could cause a riot and demands he post a "peace bond" to cover police costs.

Dearborn officials said Jones can still demonstrate at one of two "free speech zones," including City Hall. Before denying the permit, city officials expressed concern about public safety, traffic and disruptions to nearby churches.

Jones isn't likely to relent. He's said for weeks that he plans to demonstrate outside the Ford Road mosque with or without a permit. Earlier today, Jones said the mosque is the ideal site for his protest against "radical Islam" and Sharia, or Islamic, law.

"There is no place better than there to present this message," said Jones, the pastor of the Dove World Outreach center in Gainesville, Fla.

Jones said he is planning to bring a pistol to protect himself in case of violence, but has no plans to burn an Islamic holy book.

"We are coming there totally in peace," said Jones, who said he will be joined by several other people including a rabbi.

Earlier today, Dearborn Mayor John B. O'Reilly Jr. released a copy of an "open letter" he wrote to Jones in a last-ditch effort to persuade him to cancel his protest.

In the three-page letter released to the media, O'Reilly urged Jones to conduct his demonstration at one of the city's "free speech zones." O'Reilly also questioned the logic of protesting Sharia in Dearborn.

"Our commitment to the Constitution is unwavering, not merely convenient, which makes your hyperbole about Sharia Law being practiced in the courts or civil law of Dearborn nonsensical," O'Reilly wrote. "So, you are coming to protest against an imaginary threat that doesn't exist in our community. Not in our courts, not at our City Hall, not on our streets and not in any of our places of worship."

The mayor also pointed out to Jones that several churches in the vicinity of the mosque will be conducting Good Friday services and Jones' protest outside the mosque will be disruptive to their traffic as well.

"The members of the Christian churches on Altar Road asked me last week if they should cancel their Good Friday services because of your planned visit. I assured them that they should not because the Constitution does not allow you to violate their rights. I don't know why you selected Good Friday but it wasn't very considerate of the significant Christian services being held at that time. I assure you that you will not make them forfeit their services," O'Reilly wrote.

bwilliams@detnews.com

(313) 222-2027

From The Detroit News: http://detnews.com/article/20110420/METRO01/104200413/Dearborn-denies-permit--says-Quran-burning-minister-could-face-arrest#ixzz1K726ABm7

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