...In February 2010, members of UC Irvine's Muslim Student Association systematically interrupted a speech by Israeli Ambassador Michael Oren. On September 23, an Orange County jury found ten of the students guilty of misdemeanor charges and sentenced them to three years of informal probation...
To be clear, I'm not defending the content of the protests, nor do I support the students' outbursts. Freedom of speech doesn't include a heckler's veto, and the students could have protested the ambassador in more constructive ways...
But, Dr. Smith also wisely points out that the heckler's veto wasn't the only First Amendment question in this case. There was also the issue of whether Muslim students were singled out and selectively prosecuted because of their views.
"There is no doubt in my mind that the District Attorney selectively prosecuted," said Hussam Ayloush, Executive Director of the Council on American-Islamic Relations - Greater Los Angeles Area, "because the students were Muslim, the speaker was an Israeli diplomat, and the verbal protests centered on Israel's long history of war crimes."
It strains credulity to think that the politics of the speakers didn't affect the decision to prosecute. Had this been a raucous student council meeting about the cost of tuition, the case would have ended in a campus administrative hearing. You'd be laughed out of any prosecutor's office if you tried to turn it into a criminal case. Most hecklers not only avoid prosecution, but get a bigger platform because of their disruptions. Anyone remember Rep. Joe Wilson and Joe the Plumber?
In Orange County, Muslim Americans have other reasons to believe that there's a double standard for free speech. Earlier this year, Villa Park City Councilwoman Deborah Pauly protested an Islamic charity event and exclaimed, "I know quite a few Marines who will be very happy to help these terrorists to an early meeting in paradise." Just this month, San Juan Capistrano City Councilman Derek Reeve said at a council meeting that he named his dog Muhammad to intentional provoke Muslim Americans and make a statement about free speech. These incidents explain why Erwin Chemerinsky, dean of the UC Irvine School of Law, described the verdict as keeping an "open wound" in the community.
If you protect the offensive, anti-Islamic rhetoric of Orange Curtain councilmembers, you have to protect the rights of the UC Irvine Muslim Student Association. As Ayloush put it, "No topic should be off limits and no public official or country should be above criticism."
When controversial speakers are prosecuted under ridiculous "disturbing the peace" statutes, it sets up a forced choice for freedom. Every speaker must live in fear of prosecution, or worse, only the dissenting speakers get quashed. Either scenario is unacceptable because both outcomes lead to less speech.
Our natural reaction to contrasting views should always be to speak out ourselves, not shut our opponents up. Muslim students get the same First Amendment protections as Israeli ambassadors. I'm entitled to my review of Dead Poets Society; and Roger Ebert has a right to his -- even if he's wrong.
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- Hussam Ayloush
- Hussam has been a lifelong human rights activist who is passionate about promoting democratic societies, in the US and worldwide, in which all people, including immigrants, workers, minorities, and the poor enjoy freedom, justice, economic justice, respect, and equality. Mr. Ayloush frequently lectures on Islam, media relations, civil rights, hate crimes and international affairs. He has consistently appeared in local, national, and international media. Full biography at: http://hussamayloush.blogspot.com/2006/08/biography-of-hussam-ayloush.html