Saturday, April 23, 2011

ACLU files brief supporting Koran-Burning Pastor Terry Jones


Christine Ferretti / The Detroit News
Dearborn— The American Civil Liberties Union of Michigan has weighed in on the Terry Jones saga, filing a brief supporting the controversial pastor's right to protest this afternoon in front of a mosque.

In the eight-page brief to the 19th District Court, the ACLU argued that efforts to make Jones pay a peace bond to protest outside the Islamic Center of America constitute prior restraint of his rights to free speech and assembly.

"The ACLU vehemently disagrees with the content of Pastor Jones' speech, but we feel equally strongly that if the First Amendment is tohave any meaning, it must mean that the government cannot suppress free speech because it, or anyone else, disagrees with that speech," ACLU Staff Attorney Jessie Rossman told The Detroit News today. "While we are not representing Pastor Jones, we filed this friend of court brief to help provide additional analysis with respect to the critical constitutional issues at stake here."

Staffers for Wayne County Prosecutor Kym Worthy declined comment.

But prosecutors argued in court today that Jones' protest could compromise public safety because the Ford Road mosque is located in a heavily trafficked area near churches, a senior center and schools. Police also argued that Jones — who has burned a Quran — has had threats against his life.

The city has said Jones can move the protest to other "free speech zones" elsewhere in the city or pay a peace bond — as much as $100,000 — to cover police costs if he demonstrates at the mosque. He refused, setting up today's court battle.

The ACLU's brief argued that the government cannot suppress speech by making Jones pay a bond based on the cost of police services necessary for anticipated actions of others, calling it an "unconstitutional prior restraint of free speech." The group also cites a 1992 Supreme Court ruling that said it's unconstitutional to have a group bear the cost of police protection due to the content of their message.

Former Macomb County Prosecutor Carl Marlinga agreed the procedure being used against Jones runs contrary to Supreme Court precedent.

"There appears to be no evidence, no allegation even that Rev. Jones has made a threat against a person or has made a threat against the property of another," Marlinga said. "The Dearborn Police and Wayne County prosecutor are mixing apples and oranges."

Marlinga said regardless of the outcome of today's trial, Jones will have grounds for legal action. The city is better off if it loses in court today, because they "won't have this mistake to be looking at," Marlinga said.
"Even if you think someone will say something that will inflame a crowd, you cannot use the court process in advance to rule on whether or not a person can speak," he said. "Constitutionally, you just can't do it. You can't say if you don't put up money for a bond we're not going to let you speak."

The fact that the city's ordinance does provide "free speech zones" for people who want to speak out does put them on "stronger ground," he said, but added appellate case law makes it clear they "cannot pigeonhole someone into a free speech zone if they have a valid reason for wanting to conduct speech in a different public place."

Dearborn has tangled with the civil liberties group in the past.

The ACLU sued over a 1989 ordinance that required protesters to secure permits 30 days in advance. The state Court of Appeals sided with the ACLU in 2005.

Several portions of the ordinance have since been changed.

4 comments:

Always On Watch said...

The ACLU does seem to have a strong case with this brief.

Maybe the ACLU will get a fatwa?

Damien said...

Pastorius,

Good. I'm glad someone is defending his rights.

Alexander Münch said...

Just wrote a comment to sheikyermami on this:-

===" Is Terry Jones right to burn the Koran? "===

Terry Jones has the right to do with the Koran what ever he pleases ! Smoke grass in it, wipe his ass with every second page or make a hole in it and use it as a lunch box for his ham sandwich ... provided that the Koran is his personal property and legally purchased !
Doing any of the a/m in public ( out side of his house/church ), is an offence and should be dealt by law enforcement BUT FOR COMPLETELY DIFFERENT REASONS !

Back at the 80's ( when the dinos walked the earth... ), While on duty and wearing a uniform, I was provoked by a Lefto-Zomboid calling me names like :- "Nazi ! Gestapo! Murderer ! Fascist ! " etc. but when the moment of setting the flag on fire came... I mobilized all my good manners and whispered politely into the Zomboid's ear :-
"If you burn the flag, I'll have to kill you !"
"But, there is no law against it !" replied the Zombo-lawyer.
"You are absolutely right, Sir !" I said.
" And there is no law that prevents me from spending 25 years of my life in jail - either !
" Take the 'Shmate' ( rag ) you stinking rotten Nazi" etc.

I took it, and I'm going to put it on my balcony in two week time for the 63rd independence day !...

P.S.
The thing I said to the Zomboid, was not a threat !
It was a Vow !!!
-

perchonthis said...

Here we go again, and correct me if I am not right, exactly who did everyone see on TV screaming violently, sure wasn't Jones. I don't agree with what this man has to sell but I sure do believe in what our Constitution gives us, and Rev Jones was deprived of it. And it won't be long before what the Reverend was trying to get out will happen. I am as Snow white as you can get, live in Dearborn and had children go through the Public School system there. I will tell you from experience that the majority of the Arab student body there terrorizes the rest of the Student body. Is everyone forgetting the incident just last year of the T-Shirts a year ago with the depiction of the Twin Towers and the Edsel Ford Mascot of a Thunderbird flying next to them. The whole School Board tried to broom everything under the carpet. Nothing was done to the Juniors over this and tell me one thing, where were the Parents leading up to this? You can go any day during the School year and witness how the Arab boys have no respect for anyone, I invite you too just sit in the parking lot of the Students and see for yourself who is causing all of the problems, don't take my word for it. Then there was 9-11 and what I saw tagged on a brand new school the next morning would have made anyone sick except for the radical element of Islam that no doubt the Reverend was going to make reference about.( NYC you got what deserved). This was spray painted all over a middle school in a predominantly Arab neighborhood. Here is another bit of how the Arab population here in Dearborn Michigan acts and again let me ask where are the Parents? During Commencements every year Edsel Ford HS holds their event outside on the Football Field. Every year the Arab element of Edsel Ford HS past & present show total Disrespect to all who attend by blowing emergency air horns in celebration of one of theirs upon hearing their named called. Totally drowning out the next person’s name being called out over the football PA system. Again where are the Parents, and I leave you with how I started, here we go again. I don't believe what Rev Jones has to say but I can't wait to see how much my Taxes go up to cover the law-suit that Judge Somers will bestow onto the Rev Jones & I hope it is Millions