Mocking Religion

Not all speech is protected by the First Amendment. Is this merely art? Or is this yelling “fire” in a crowded movie theater, where the consequences of one’s action, chaos, was foreseeable?

The question on Facebook the other day, I’m only mildly paraphrasing: “Should the US government be condemning a movie” – we know which movie, I think – “to improve diplomatic relations?” For me, it’s an unequivocal “yes.” Not that the audience of Secretary of State Hillary Clinton’s denunciation really cares. They seem to be of the opinion that the United States should arrest the filmmakers, or worse.

This leads me to all sorts of further questions. Should a government official comment on art at all? I use the term “art” loosely. In 1992, Dan Quayle, then the Vice-President, complained that TV character, Murphy Brown, deliberately had a child out of wedlock. Should he have been allowed to do that? Indeed, there are devotees who believe Quayle was right. I say yes, he should have said it, though I disagreed with him.

(When controversial art is paid for, in part or in toto, with public money, that becomes a whole new level of controversy.)

Should the Innocence of Muslims filmmaker be arrested? The film trailer is certainly crude and vile, and misleading even to some of the actors in the film, who swear Mohammed wasn’t even mentioned by name in the copies of the script THEY read. Seems as though some sort of fraud has taken place, but I’m not a lawyer.

Not all speech is protected by the First Amendment. Is this merely art? Or is this yelling “fire” in a crowded movie theater, where the consequences of one’s action, chaos, was foreseeable? The Supreme Court case Brandenburg v. Ohio (1969) allows proscribing “speech” if it will incite imminent lawless action, such as riots. It would SEEM that the Danish cartoon situation of a half-decade ago would suggest that the film would be received badly. But could the filmmakers have foreseen such a violent outcome? Don’t know.

In any case, Nakoula Basseley Nakoula, the alleged filmmaker, who was convicted of bank fraud, could go back to jail because the terms of his release stipulated that he be barred from accessing the Internet or assuming aliases without the approval of his probation officer.

Should the sensitivities of religious folks be taken into consideration? I remember the uproar over the Monty Python comedy Life of Brian (1979) and Martin Scorsese The Last Temptation of Christ (1988), directed by Martin Scorcese (1988), not to mention Mel Gibson’s The Passion of the Christ (2004). All appear on a list of The 50 most controversial movies ever, at #14, #1, and #20, respectively. I’ve only seen Brian, which I personally found uproariously funny, not to mention clearly NOT speaking about Jesus. Didn’t see the other two, but I think people, including politicians, can express their dismay without banning them outright.

And not so incidentally, I think artists should be able to make political statements, whether it be Barbra Streisand or Toby Keith. If people are annoyed by them and decide not to buy their albums, see their films, etc., that’s the way the marketplace works.

If this is more rambling than usual, blame Facebook.

The One Good Thing Is That We Learn About the US Constitution

There was a truly horrific ruling by the US Ninth Circuit Court in August 2010 allowing warrantless GPS tracking by law enforcement.


Hey, kids, it’s Constitution Day again! And boy, have we learned about the application of the foundation of the United States in the past year or so, or what?

Article I, Section 8. The Congress shall have Power
[8] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

The notion of “limited” gets longer every revisiting of the Copyright law, contrary, in my opinion, to the original intent of the Founders.

Article II [5] No person except a natural born Citizen…shall be eligible to the Office of President

Yes, don’t hear as much about them lately, but the birthers, who claim President Obama is not eligible to be President, are still out there.

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

This, of course, is at the heart of the so-called “Ground Zero mosque” debate; the usual line about this is that they have a RIGHT to build the Islamic center but that they OUGHT NOT TO.

There are some other interesting sidelights, such as some politicians suggesting that they should investigate the financing of the facility. This is right and proper as long as they likewise check out the funding of every new church, synagogue, and temple, and existing ones, while they are at it.

Amendment I Congress shall make no law…abridging the freedom of speech

Interestingly, action has been defined as “speech”; e.g. flag burning. So the Koran-burning controversy falls here. Again, people used the RIGHT TO/OUGHT NOT to conversation.

Amendment II A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Supreme Court’s ruling a couple of years ago protecting personal gun ownership, not just the militia part, has meant that jurisdiction after jurisdiction with gun control laws are having them challenged, forcing them to more narrowly define the restrictions on gun ownership, such as insanity of the would-be owner.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There was a truly horrific ruling by the US Ninth Circuit Court in August 2010 allowing warrantless GPS tracking by law enforcement. Other courts have ruled otherwise, as this TIME magazine article notes. What’s REALLY irritating about the Ninth’s decision is this:

The courts have long held that people have a reasonable expectation of privacy in their homes and in the “curtilage,” a fancy legal term for the area around the home. The government’s intrusion on property just a few feet away was clearly in this zone of privacy.

The judges veered into offensiveness when they explained why Pineda-Moreno’s driveway was not private. It was open to strangers, they said, such as delivery people and neighborhood children, who could wander across it uninvited.

Chief Judge Alex Kozinski, who dissented from this month’s decision refusing to reconsider the case, pointed out whose homes are not open to strangers: rich people’s. The court’s ruling, he said, means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes. People who cannot afford such barriers have to put up with the government sneaking around at night.

Judge Kozinski is a leading conservative, appointed by President Ronald Reagan…

The conflicting rulings at the Circuit level make this almost a certain Supreme Court case in the future.

Amendment XIV – The Fourteenth Amendment was proposed on June 13, 1866, and ratified on July 9, 1868.
Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

This WAS initially all about slavery. This IS, suddenly, about illegal immigrants coming to the United States and have their babies here, making the children U.S. citizens. How frequently this is happening is an open debate.

There have been other fun Constitutional issues, such as Arizona’s immigration law, in probable violation of Article I, Section 8, but this has gone on long enough. US citizens: go read your Constitution, while you still can.

What Have We Learned?

Murfreesboro, TN is about 890 miles from Ground Zero, yet someone set on fire some of the construction equipment at the site of the planned mosque there recently.


We can agree that September 11, 2001, was a terrible day in the US, indeed, world history. But can we agree on anything else?

What are the lessons we have learned from 9/11? Is it to be more suspicious of others, or try to be more understanding? Is it that most practitioners of Islam are decent people, as President George W. Bush had suggested several times, or is it, as an increasing number of Americans feel, a religion they just don’t like, so much so that a Florida minister says he was called by God to threaten to burn Korans, despite admitting not even knowing what’s in it, and inspires potential copycats in at least three states?

Taking off the table the Islamic cultural center in Manhattan mislabeled as the “ground zero mosque”, the lesson seems to be to have no more mosques anywhere in the country. Murfreesboro, TN is about 890 miles from Ground Zero, yet someone set on fire some of the construction equipment at the site of the planned mosque there recently. Other facilities from Wisconsin to California have also run into difficulties. And I won’t even get into the “Obama is a Muslim” thing.

Meanwhile, we are concluding, it appears, the war in Iraq, except for the 50,000 left behind to continue training the Iraqis. This war, built out of post-9/11 hubris when we seemed to have forgotten Afghanistan altogether, was one I openly opposed at the time. It WAS a good opportunity for some to bash the French, who like many of our major allies, also opposed the conflict; “Freedom fries,” indeed. The separate question of whether it was “worth it” remains at best open, as long as there is no operational Iraqi government.

But what do you think are the lessons of 9/11?
***
Jaquandor calls for a National Read a Qur’an Day TODAY, which seems like an inspired idea.

 

H is for Halal and Haram

So is kosher halal, or vice versa?


I was watching ABC News (US) last month, and there was a piece about Air National Guard members from Illinois putting pallets of meals onto a C-130H at Bagram Airfield, Afghanistan. The Meals Ready to Eat would be delivered to Pakistan as part of a relief mission after the devastating floods. What I noticed is that every single box I saw was labeled, in a very large font, HALAL.

So what IS halal? The best site I’ve come across is from IFANCA, the Islamic Food and Nutritional Council of America, which defines it: “Halal is an Arabic word meaning lawful or permitted. The opposite of halal is haram, which means unlawful or prohibited.

Halal and haram are universal terms that apply to all facets of life.” So the terms are not in reference to food, though this discussion will be. “While many things are clearly halal or haram, there are some things which are not clear. Further information is needed… Such items are often referred to as mashbooh, which means doubtful or questionable.
All foods are considered halal except the following (which are haram):
Swine/Pork and its by-products
Animals improperly slaughtered or dead before slaughtering
Alcoholic drinks and intoxicants
Carnivorous animals, birds of prey, and certain other animals
Foods contaminated with any of the above products
Foods containing ingredients such as gelatin, enzymes, emulsifiers, and flavors are questionable (mashbooh), because the origin of these ingredients is not known.”

There is a growing number of businesses in countries that are not predominantly Muslim producing foods that are certified as halal. This is less a function of cultural sensitivity than good business practice. A market research report from Packaged Facts suggests that food manufacturers consider kosher and halal certification for wider appeal, driven not just by religious considerations. “Companies should consider the marketing push and public perception of safety that comes with kosher certification and the far broader export opportunities that come with halal certification.

“Regarding halal foods, the market researcher said that there is ‘a dearth of reliable market data’ but cited the Malaysian Ministry of International Trade and Industry – where halal trade is of increasing importance – which estimates the market value for halal foods in the US at $11.6bn, and $548bn worldwide.

“The report also suggested that Canada presents broadening market opportunities for halal foods, with the number of Canadian Muslims set to double from 600,000 in 2000 to 1.2m in 2010, and a lack of convenient outlets for halal foods.”

KFC is going halal in the UK, and there are hundreds of halal Subway restaurants there. The US halal product directory includes foods from companies ranging from Ben & Jerry’s ice cream and Cabot Creamery to General Mills, Gerber and Kraft. Here’s the list of organizations accredited by the Halal Certification Authority in Australia – which means Vegemite is halal. (Not that I would ever eat it again.)

So is kosher halal, or vice versa? Well, yes and no. Certainly, both sets of food laws come from Abrahamic traditions, though there are specific rituals involved in slaughtering meat, e.g.; not incidentally, the rules for both kosher and halal are exceptions to the general rule in the United States that animals should be stunned before being killed. PunkTorah asks, Can Jews Eat Halal Meat, and if so, might that be a way toward peace?

Muslim-American Demographic Facts

ABC Wednesday – Round 7

 

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