Showing posts with label Dearborn. Show all posts
Showing posts with label Dearborn. Show all posts

Friday, May 27, 2011

Detroit Christians Free Speech Victory In Dearborn

A huge win. Huge.

From: USATODAY.com

A Detroit suburb violated the free-speech rights of a Christian evangelist by barring him from handing out leaflets at an Arab-American street festival last year, a federal appeals court said Thursday.

The 2-1 decision comes less than a month before the next festival in Dearborn, which draws thousands of people to Warren Avenue in the heavily Arab community.

The festival had offered George Saieg of Anaheim, Calif., a free booth in 2010, but said he and his followers could not freely walk sidewalks with literature about converting Muslims to Christianity.

The 6th U.S. Circuit Court of Appeals said the restriction was unreasonable, especially when vendors and pedestrians were allowed on sidewalks during the festival.

Dearborn and its police department "violated Saieg's First Amendment right to freedom of speech," judges Karen Nelson Moore and Eric Clay said. "Absent an injunction, Saieg will continue to suffer irreparable injury for which there is no adequate remedy at law."

Saieg had no problems for years at the Arab festival until 2009 when Ron Haddad became Dearborn police chief. Haddad has defended the policy as a way to control foot traffic.

Mayor Jack O'Reilly said he's "fine" with the court decision but is concerned about the cost of cleaning up leaflets dropped on the ground.

It's the second time the appeals court has intervened. In 2010, a federal judge in Detroit upheld the city's restrictions. But the court stepped in on the eve of the festival and said Saieg could at least distribute information on the perimeter.

After another look, Moore and Clay said Thursday that allowing him on the perimeter still doesn't meet the pastor's free-speech rights.

"Everybody should be pleased," Saieg's attorney, Robert Muise, said. "Dearborn is getting a pretty strong reputation as being the enemy of the First Amendment. As long as they keep passing these draconian restrictions that violate the rights of everyone, we're going to challenge them."

The dissenting judge on the appeals court, Martha Craig Daughtrey, said the restrictions were "narrowly tailored" and not unreasonable.

Monday, April 25, 2011

How Dearborn Turned Terry Jones into a Free Speech Martyr

From: Commentary Magazine

Terry Jones’s planned protest outside a Dearborn mosque might have gone forward without much notice, except for the fact that Michigan prosecutors tried to stop it. In the process, they ended up turning a bigoted fool with a paltry following into a First Amendment crusader.

A jury determined yesterday that the anti-Islam protest was likely to incite violence and breach the peace. Jones was ordered to submit a $1 “peace bond,” and was jailed when he refused to pay it. In other words, he was locked up for a non-crime that he hadn’t even committed yet. And not only has the ruling generated sympathy for Jones, but it’s also likely to give him a public platform to preach his massage. As the Washington Post reported:

Saturday, April 23, 2011

Terry Jones’ Closing Remarks in Court

A foolish law from 1846 in Michigan has made Terry Jones a martyr to the First Amendment. It is inconceivable that anyone with so much as a remedial knowledge of our Constitution would seek preemptive sanction against a citizen exercising their rights to speech and expression. The notion that such an action is necessary for fear of inciting violence is a dangerous concept as it suppresses our natural rights in the name of security. It is an effort at prophecy as law enforcement. Moreover, it subjects a free man in his exercise of free speech to sanction and incarceration in anticipation of criminal behavior on as yet undetermined third parties. This is the one of the most egregious violations of Constitutional law and cannot be tolerated under any conditions.

Below is an excerpt from "Gates of Vienna which includes the video.

From: Gates of Vienna

How far do we back down? How far do we give in? When do we say there is enough?

“I mean, is intimidation and fear enough of a reason to give in? And once we start giving in, well, when do we stop?

“…I don’t think it’s a good enough reason.”


Below are the closing remarks made by pastor Terry Jones during his trial today in the Dearborn courtroom. Many thanks to Vlad Tepes for YouTubing this video:

Friday, April 22, 2011

Terry Jones released from jail after being held on $1 'peace bond'

From: The Detroit News

A controversial Florida pastor and his associate were released from jail tonight after being held briefly for refusing to pay a $1 "peace bond" after a jury ruled they would "likely breach the peace" with plans to protest a mosque.

Judge Mark Somers of Dearborn's 19th District Court jailed pastors Terry Jones and Wayne Sapp about 7 p.m. The order came after a six-member jury at 6:30 p.m. sided with prosecutors who argued the Quran-burning minister's demonstration outside the Islamic Center of America could spark a riot.

Prosecutors had sought a $45,000 bond. Somers also ordered both to stay away from the mosque for three years. The order drew gasps, confusion and shouting in the courthouse.

The pair were tried under a rarely used law originally passed in 1846 that requires those who are likely to breach the peace to post "peace bonds."

"Nobody expected this," said Charlie Langton, a lawyer and legal analyst, who added the pair could theoretically be jailed for five years if they continue to refuse to pay the bond.

"It is prior restraint, but the judge followed the letter of the law. It's purely legal because it's never been challenged. That is not right. It's an old law that I don't think applies to this case. I think they'll have to appeal it."

At the Islamic Center, a cheer went through the crowd of 100 after police announced the jailing.

"That's what should happen when people say they are going to break the law," said Neda Kardri, 29, of Dearborn.

The situation was in flux, however. Wayne County prosecutors announced at 7:20 p.m. that Jones and Sapp decided to pay the $1 bond. Seven minutes later, prosecutors announced that pair had changed their minds and wouldn't pay the bond.

"These proceedings were solely about public safety. This was never about prohibiting free speech or fearing rioting but about a situation that could potentially place the public in danger in Dearborn," Prosecutor Kym Worthy said in a statement.

"I will continue to take stands to be proactive in keeping Wayne County safe."

Rana Elmir of the ACLU of Michigan, called today's outcome a "complete abuse of the court process."

"This should have never come to this point to begin with. The judge should have dismissed the case yesterday instead of giving Jones and his cohorts a platform," she said. "It's a complete abuse of the court process and all those involved should be ashamed."

Elmir said the prosecutor's office and Dearborn court have "turned the First Amendment on its head."

"Rev. Jones came to Dearborn for his 15 minutes of fame. The judge and prosecutor's office have given him hours," she said. "Rev. Jones has never committed a crime and should not be sitting in jail for his protected speech. In a free society no one should be thrown in jail for speech, even as distasteful and offensive as Mr. Jones'. At the end of the day, he's ultimately being punished for speech that has not occurred. This is blatantly unconstitutional."

Thursday, April 21, 2011

Free Expression Denied: Dearborn denies permit to Terry Jones

What exactly is a "Free Speech" zone? Terry Jones of Koran burning fame is denied a permit to protest outside a mosque in Dearborn for "public safety reasons"? Isn't that a damning indictment of the community? Isn't it tim someone stood up for our values and principles? Apparently not in Dearborn where free speech is restricted in zones. Below is the story:

From: The Detroit News

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.
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