September 14, 2010
— DrewM Yes, there's some obligatory Palin and Gingrich bashing but credit where credit it due, a WaPo columnist reminds his liberal readers that the First Amendment isn't just a good idea, it's who we are.
Jones is neither a great man nor the leader of a great cause. But what he wanted to do was both permissible under our system and, in a sense, valued. He was attempting to make a statement. It was chaotic and bigoted, but it was a political statement nonetheless, and he had every right to make it. Still, President Obama and Defense Secretary Robert Gates and Afghanistan War commander Gen. David Petraeus urged him to stand down -- the lives of American soldiers were at stake. Jones stood down.This was not the first time the threat of violence in the Islamic world has had a chastening effect here -- nor will it be the last. I have yet to see the cartoons of the Prophet Muhammad published originally in the Danish newspaper Jyllands-Posten. The one drawn by Kurt Westergaard and considered particularly objectionable generated riots and, ultimately, an attack on Westergaard himself. The violence, actual or threatened, intimidated the Western media.
Westergaard survived the attack, a horrific home invasion, summoning the police from his panic room. As the novelist Salman Rushdie once did, he lives under police protection. Rushdie, of course, had his life threatened for his 1988 novel "The Satanic Verses," which was characterized as insulting to Islam. As with Westergaard, Rushdie was condemned both by certain Muslims and by certain non-Muslims. More frequently, the fatwa was greeted by a studied indifference -- a pox on both their houses, that of the Ayatollah Ruhollah Khomeini who ordered Rushdie's death and the insensitive Rushdie who did not understand that post-colonial peoples are always right.
Into this maelstrom of conflicting values has stepped German Chancellor Angela Merkel. Just this month she honored Westergaard with a media prize. She did so even though Germany has about 4,600 troops in Afghanistan, the third-largest NATO contingent. "The secret to freedom is courage," she said at the awards ceremony, citing the role a free press had played in freeing her native East Germany. It turns out that some values are more valuable than others.
I still think Obama was wrong to go after Jones in a public way. He and his administration should be explaining to peaceful (unless they aren't) Muslims around the world that this is what America is all about. We hash these things out amongst ourselves and the government only gets involved to keep the participants safe. If they don't like it, that's their business but we aren't changing who we are and the US Government is not in the business of enforcing Islamic (or any religion's) blasphemy laws.
You may think I'm giving Cohen too much credit for stating the obvious but it's important to note that not everyone is on board with this basic notion of freedom. Justice Breyer might actually be willing to enforce religious limitation on speech.
Breyer is working really hard to be one of the worst Justices ever (read his book Active Liberty and you'll see how hard he works at it). The only thing that keeps him from being at the top of that list is he's never really written anything of consequence. He's got no Roe or Lawrence or Hamdan to his name.
I have qualms about the idea that the safety of the troops is a consideration in regulating speech. Mostly because I don't think terrorists need excuses or provocations to kill American servicemen and women, it's what they do.
Still, that's a somewhat minor quibble considering it's probably the first time most of Cohen's readers will have heard about the attack on Westergaard, let alone a direct attack on the cowardice of the west's reaction to the Islamic world's response to the cartoons.
Cohen, also gets credit for 'connecting the dots' between the speech he cites and the thing they all have in common...Islam*. Add all of that to a full throated defense of speech and that's a good day's work for your average WaPo columnist not named Will, Krauthammer or Thiessen.
*I corrected that sentence because Cohen did cite the common thread "the Islamic world". My apologies for the mistake.
Posted by: DrewM at
08:05 AM
| Comments (77)
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Posted by: Blue Hen at September 14, 2010 08:08 AM (R2fpr)
Posted by: Truman North at September 14, 2010 08:12 AM (G5JPI)
Posted by: Tom In Korea at September 14, 2010 08:13 AM (+gX1+)
Posted by: Luca Brasi at September 14, 2010 08:13 AM (YmPwQ)
"The secret to freedom is courage,"
Profound. She's a regular Maggie Thatcher.
For Obama, the path to peace is apparently appeasement.
You can quote me on that.
Posted by: AoS Pirate...now with extra-absorbent wings at September 14, 2010 08:14 AM (uFokq)
Posted by: Moi at September 14, 2010 08:16 AM (Ez4Ql)
Posted by: SurferDoc at September 14, 2010 08:17 AM (RKpGM)
As for idiot Breyer, I already weighed in on that. Drew, aren't you a lawyer? The courts have weighed in on this hate speech shit several times. It is now muddier than the Mississippi at flood stage.
The last ruling involved a cross burning. If the "speech" involves an "act" of intimidation it is not protected speech. The current locus seems to be whether or not the speech damages liberal thought or conservative thought. Or, as in the case of the cross burning, attacks a "protected class" favored by the liberals.
Posted by: Vic at September 14, 2010 08:17 AM (/jbAw)
That's because his "opinions" are incoherent legal drivel paying inconsistent selective attention to precedent, with liberal helpings of MSU sauce, that no rational justice, even an arch liberal like Ginsburg, could use to form a rational system of law.
Posted by: MikeTheMoose at September 14, 2010 08:17 AM (0q2P7)
Posted by: Gregory of Yardale at September 14, 2010 08:18 AM (YPivX)
Has Nat Hentoff weighed in on this yet?
I'm a lot more interested in what he has to say about the First Amendment that this WaPo weasel.
Posted by: logprof at September 14, 2010 08:19 AM (CE2wR)
The top brass of the entire admin came down on Jones, including the FBI.
Now remember the fit the Left had when Ashcroft covered the marble boobie statue.
Posted by: AoS Pirate...now with extra-absorbent wings at September 14, 2010 08:19 AM (uFokq)
Quite an understatement - if Bush and the military establishment publicly and privately tried to get an anti-war protest stopped, wouldn't that have gotten the the same level and type of coverage as the Plame affair?
The president certainly has the right to condemn someone engaging in his free speech rights, but having the military and FBI lean on him is beyond the pale.
Posted by: 18-1 at September 14, 2010 08:19 AM (7BU4a)
Wow. Came across this beaut of an article during a google news search. It's translated from a spanish newspaper. Read what "the world" is saying about the current electoral goings on in the U.S.
Actually, it's just two or three hairs away from an MFM story.
Posted by: The Mega Indepedent at September 14, 2010 08:21 AM (T4igz)
The religion of unabated rage.
Posted by: Jane D'oh at September 14, 2010 08:21 AM (UOM48)
This should be a Republican talking point through the election. Heck, they should be calling for Breyer's impeachment.
Posted by: 18-1 at September 14, 2010 08:22 AM (7BU4a)
Posted by: George Orwell at September 14, 2010 08:22 AM (AZGON)
Burning the Koran? Unconstitutional because it would make a religious group mad.
Defunding Piss Christ? Unconstitutional because the government cannot stop expenditures just because they might make a religious group mad.
Posted by: 18-1 at September 14, 2010 08:24 AM (7BU4a)
Posted by: George Orwell at September 14, 2010 08:24 AM (AZGON)
Posted by: garrett at September 14, 2010 08:24 AM (HcvB0)
Posted by: Mr Pink at September 14, 2010 08:25 AM (RgDfL)
Posted by: The Man For Our Times, Barack Obama at September 14, 2010 08:26 AM (FcR7P)
Cohen's daily dose of kool-ade hadn't kicked in yet when he wrote this. He'll be back in regular full-lib mode soon.
Posted by: MrScribbler at September 14, 2010 08:26 AM (Ulu3i)
Posted by: The Man For Our Times, Barack Obama
Sucks to be you....
Posted by: MikeTheMoose at September 14, 2010 08:27 AM (0q2P7)
Posted by: FreakyBoy at September 14, 2010 08:27 AM (uKraB)
Posted by: t-bird at September 14, 2010 08:29 AM (FcR7P)
Posted by: Monkeytoe at September 14, 2010 08:29 AM (sOx93)
Don't rush me gringo. I'll get to it, mañana.
Posted by: Sonja Sotomayor at September 14, 2010 08:30 AM (F/4zf)
Posted by: Don at September 14, 2010 08:31 AM (tTj19)
He made a pretty strong point too, whether or not he meant too.
There is a severe double standard in the US Government-Media complex.
How would the media react to the President trying to stop someone from burning a bible? How would the "Christian community" react?
Now why is it so different with Islam?
The left spends a lot of their time trying to draw a comparison between conservative Christians and Islamists but as we can see with this event, there is no comparison.
Posted by: 18-1 at September 14, 2010 08:31 AM (7BU4a)
Posted by: Zombie Robert Mapplethorpe at September 14, 2010 08:31 AM (AZGON)
Posted by: Justice "Bobby" Breyer at September 14, 2010 08:32 AM (AZGON)
Posted by: toby928 at September 14, 2010 12:28 PM (S5YRY)
So we've got an international socialist complaining about national socialism? Isn't that like those Star Trek characters with half white half black faces that hated each other because one was white on the right and the other on the left?
Posted by: 18-1 at September 14, 2010 08:32 AM (7BU4a)
And about the "it will put our troops in danger" losers....that is what we are there for assholes, to kick ass and preserve our freedoms.
Posted by: Mr Pink at September 14, 2010 12:25 PM (RgDfL)
They are big boys (and girls) and they can take care of themselves- just ask any of Saddam Hussein's "Elite Republican Guards", that is if you can find any of them.
Sun-Tzu said that "...if your opponent is temperamental, seek to irritate him..." I'm sure the military intel types will be able to leverage all the frothing rage that American free speech can generate into any number of military advantages.
Posted by: Nighhawk at September 14, 2010 08:33 AM (OtQXp)
Posted by: nevergiveup at September 14, 2010 08:33 AM (0GFWk)
I still think Obama was wrong to go after Jones in a public way.
Where he was wrong, and you made this point pretty much, is that Obama came down with some enthusiasm on the side of the NY mosque with an exclamation point on freedom. By his arbitrary application of 'freedom for thee but not for thee' he opens the door once again, for people to question his loyalties - his affilitations. To him, the koran burnings were distastful while for a whole bunch of Americans, the NY mosque is. His inability to keep from weighing in on these divisive controversies, or at least his inability to come in on the correct side, is the gun he keeps shooting himself in the foot with.
Posted by: Hussein the Plumber at September 14, 2010 08:34 AM (RkRxq)
Posted by: Your Milquetoast Monarch at September 14, 2010 08:34 AM (FcR7P)
Question: Does not Freedom of Religion, also give you the RIGHT to disagree with, and preach against, other religions if that is YOUR Religious belief? I know modern Christianity has become Non Confrontational... but that is just MODERN Christianity...
Posted by: Romeo13 at September 14, 2010 08:34 AM (H+oXM)
Posted by: Mr Pink at September 14, 2010 08:36 AM (RgDfL)
Posted by: Have Blue at September 14, 2010 08:38 AM (mV+es)
It's at least likely that some nutcases in Astan or Iraq or someplace else who would have stayed home will, with this as the final straw, decide to go out and kill Americans. Or blow up a nursery school if it's closer.
The point, however, is that this is a larger war. The nutcases will be out with their suicide vests or grenades or IEDs or AKs, or whatever eventually, with or without Jones' antics or anything like it. If we keep it from blowing up in, say, Astan this week, there will be more nutcases left over to make trouble next week.
The guys who would have died stopping Hitler's militarization of the Rhineland in 1936 would have died later on in 1940. They had four years of life, but the cost was WW II.
Posted by: Richard Aubrey at September 14, 2010 08:38 AM (yeF2+)
Posted by: George Orwell at September 14, 2010 08:39 AM (AZGON)
Posted by: The DNC at September 14, 2010 08:41 AM (AZGON)
Worry not... I'll be free soon to feast on your souls anyway...
But don't burn my books dammit... or its a hate crime!
Posted by: Cthulu at September 14, 2010 08:41 AM (H+oXM)
You will love this one, I haven't stop laughing yet.
For those of you who have never traveled to the west, or southwest, cattle guards are horizontal steel rails placed at fence openings, in dug-out places in the roads adjacent to highways (sometimes across highways), to prevent cattle from crossing over that area. For some reason the cattle will not step on the "guards," probably because they fear getting their feet caught between the rails.
A few months ago, President Obama received and was reading a report that there were over 100,000 cattle guards in Colorado . The Colorado ranchers had protested his proposed changes in grazing policies, so he ordered the Secretary of the Interior to fire half of the cattle guards immediately!
Before the Secretary of the Interior could respond and presumably try to straighten President Obama out on the matter, Vice-President Joe Biden, intervened with a request that...before any cattle guards were fired, they be given six months of retraining for Arizona border guards. 'Times are hard', said Joe Biden, 'it's only fair to the cattle guards and their families!'
Posted by: Guy Fawkes at September 14, 2010 08:42 AM (L8kaT)
Hmmm... sooooo... does this mean that anyone speaking out against us restarting the sacrifices, is a bad evil person?
Let the Reconquista continue!
Posted by: Jose, Head Priest, Aztec Temple of Los Angelas at September 14, 2010 08:43 AM (H+oXM)
Posted by: The Mad Arab Abdul Al-Hazred at September 14, 2010 08:45 AM (AZGON)
Posted by: Yo Mama at September 14, 2010 08:48 AM (gbCNS)
So following Breyer's reasoning, since there have been documented cases of violent reaction to abortion clinics, we should seriously consider restricting abortion as a possible incitement to violence.
Maybe I'll drop in at Feministing or Pandagon and make that argument. I'm sure I'd get a thoughtful, well reasoned response.
Posted by: gebrauchshund at September 14, 2010 08:48 AM (ADeN1)
As to Breyer. What he is saying is that "since we've limited FREE SPEECH before, we can limit it again, you see, we are the law."
Making someone MAD does not make them dangerous. The CHOOOOOOOSE to be dangerous.
Right Stevie Breyer???? You are PRO-CHOICE?? RIGHT??
Posted by: gus at September 14, 2010 08:49 AM (Vqruj)
Posted by: Penfold at September 14, 2010 08:51 AM (1PeEC)
Posted by: Johnnyreb at September 14, 2010 08:53 AM (Mv/2X)
Posted by: Matt at September 14, 2010 09:18 AM (yeT3s)
She cut government spending, also, and now Germany's GDP is increasing by 9%. A certain "humble" US president could learn a thing or two.
Posted by: Comrade Sebelius at September 14, 2010 09:20 AM (Fyjeu)
Posted by: Vic at September 14, 2010 12:17 PM (/jbAw)
Could you clairify something for me? What does it mean "cross burning" is not protected? Does this mean that someone can't burn a cross on their own private property? Or that it can't be burned on public property as a protest? Or that it can't be burned on someone elses private property against their will?
Thanks.
Posted by: Ed at September 14, 2010 09:23 AM (Zsqn4)
IIRC, the law specifically punished cross burning with intent to intimidate someone based on race.
I guess you can do it on your own property but not at a protest and not on someone's lawn.Part of the law made cross burning prima facie evidence of racial intimidation but that was overturned.
In short, it was a mess. Typical of an O'Connor decision.
Scalia was in the minority and as usual had it right.
The case was Virginia v. Black.
Posted by: DrewM. at September 14, 2010 09:34 AM (ycZcD)
"Blue Hen at 2 - The ACLU did defend the rights of the KKK at Skokie but considering that the KKK is a wholly owned subsidiary of the Democrat Party that's not too surprising."
It wasn't the KKK - they defended the right of the American Nazi Party to march in Skokie. Which, for those who don't know it, is a predominantly Jewish suburb of Chicago that, at the time, was home to many Holocaust survivors.
Posted by: Brown Line at September 14, 2010 09:36 AM (VrNoa)
Could you clairify something for me? What does it mean "cross burning" is not protected? Does this mean that someone can't burn a cross on their own private property? Or that it can't be burned on public property as a protest? Or that it can't be burned on someone elses private property against their will?
Thanks.
Posted by: Ed at September 14, 2010 01:23 PM (Zsqn4)
OK I was about to respond but Drew beat me to it.
Posted by: Vic at September 14, 2010 09:40 AM (/jbAw)
DrewM: the First Amendment isn't just a good idea, it's who we are.
If they don't like it, that's their business but we aren't changing who we are and the US Government is not in the business of enforcing Islamic (or any religion's) blasphemy laws.
DrewM, I gotta tell you, your moral clarity on this issue is a breath of fresh air and much appreciated.
I remember when this first came up and I was going back and forth with Gabe and Purple Avenger.
From what I remember, Gabe's position was that this endangered our troops and our standing with moderate muslims who might otherwise attack us, and burning these Korans was evil. And was canceling the burning in light of the above too high a price to pay? I said yes, on the free speech principle, and Gabe never responded to me again.
Purple Avenger's position was that whatever violence came to this Pastor was entirely his fault and he (PA) had no problem with that.
I just couldn't believe this... And I was wondering, "am I really so out of touch with this issue?"
Ace has often times mocked people for standing on principle for what he sees as silly reasons. I.E., if I can't have my PERFECT candidate, I don't want the second best, and if that means the worst candidate gets elected, so be it.
Or making some small campaign issue way more important than was necessary.
And he'd say, "is this really the hill you want to fight and die on?"
And most of the time, I'd agree with him.
But here? The fear of riots and attacks overseas means that we must curtail our 1st amendment rights here?
Yeah, that is a principle/hill worth fighting over.
(For the record, I don't think ace has weighed in on this Koran issue, and his above reference were to other issues, not this one.)
As I said in earlier posts, I don't think burning Korans, Bibles, piss Christ, Madonna elephant dung statues etc is cool.
It's not.
But, once others say that if you do, they'll kill you for it, then it seems that you have to say "no, I won't let you use threats of violence to restrict this." And thus the otherwise uncool behavior becomes...principled. Purposeful.
Anyway, that's all I have to say about that.
I don't want a religeous war. But I don't want to live in an America where we surrender our 1st amendent to avoid one.
Posted by: Ed at September 14, 2010 09:44 AM (Zsqn4)
Posted by: Ed at September 14, 2010 09:46 AM (Zsqn4)
Shit, you're right. It's been awhile since I read it. He did sign onto parts of the plurality but also dissented in parts.
It was Thomas who was the lone dissent. But he also signed on with Scalia's partial concurrence.
It really was a mess of decisions (Heck of a job Sandy!).
Thanks for the correction.
Posted by: DrewM. at September 14, 2010 10:27 AM (ycZcD)
Thanks.
As you can tell, it's not like there's a single hive mind at work here.
Posted by: DrewM. at September 14, 2010 10:27 AM (ycZcD)
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Posted by: Lapis Lazuli Beads at January 05, 2011 07:31 AM (40NqQ)
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Tell Cohen to file this under: No shit, Sherlock.
Posted by: AoS Pirate...now with extra-absorbent wings at September 14, 2010 08:08 AM (uFokq)