Jonathon Turley, a law professor at George Washington University, reports on a disturbing case in which a state judge in Pennsylvania threw out an assault case involving a Muslim attacking an atheist for insulting the Prophet Muhammad.
I believe it was the Ayatollah Khomeini who once observed: "There are no doofuses (doofi?) in Islam." How right he was!Judge Mark Martin, an Iraq war veteran and a convert to Islam, threw the case out in what appears to be an invocation of Sharia law.
The incident occurred at the Mechanicsburg, Pa., Halloween parade where Ernie Perce, an atheist activist, marched as a zombie Muhammad. Talaag Elbayomy, a Muslim, attacked Perce, and he was arrested by police.
Judge Martin threw the case out on the grounds that Elbayomy was obligated to attack Perce because of his culture and religion. Judge Martin stated that the First Amendment of the Constitution does not permit people to provoke other people. He also called Perce, the plaintiff in the case, a "doofus." In effect, Perce was the perpetrator of the assault, in Judge Martin's view, and Elbayomy the innocent. The Sharia law that the Muslim attacker followed trumped the First Amendment.
Words almost fail.
Update: Jonathan Tobin concludes:
It is hardly a stretch to point out the connection between this case and something all too common in Muslim countries where insults or perceived attacks on Islam — such as the recent incident in Afghanistan — are treated as justifying riots and murder. For all of the unsubstantiated talk about a rising tide of Islamophobia, critics of Islam are still far more likely to be subjected to attacks than are Muslims. Like all Americans, Muslims are entitled to the full protection of the law for the expression of their beliefs. But attempts to enshrine their notion of what is a sacrilege into secular law are a path to the destruction of the Constitution.