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| Judge Rejects Prof.'s Free-Speech Claim |
| 2004-03-19 |
| I didn't remember seeing this posted, from Monday: A federal judge has rejected a former professor's claims that the government infringed on his right to free speech by prosecuting him on charges he helped raise money for terrorists. U.S. District Judge James S. Moody Jr. refused Friday to dismiss a part of the 50-count indictment against Sami Al-Arian, who is charged with using an Islamic charity and an academic think tank as a front to raise money for the Palestinian Islamic Jihad. Al-Arian is scheduled to go on trial in January, along with Sameeh Hammoudeh, Hatim Naji Fariz and Ghassan Zayed Ballut, on charges that they provided financial and other support to the Palestinian Islamic Jihad, which has claimed responsibility for suicide bombings in Israel. Al-Arian's attorneys were not immediately available for comment Monday. They have argued he is being prosecuted for his political beliefs and for supporting an organization that is involved in legitimate political and charitable activities. Well, when your political beliefs include blowing people up, yeah, we'll prosecute you for that. The prosecution responded that Al-Arian was a leader of a government-designated terrorist organization and was being prosecuted for facilitating acts of violence. He "assisted in funding the bloodshed in the Middle East," prosecutors argued in court papers. "This court agrees with the government that the indictment does not criminalize pure speech," Moody wrote. "Instead the ... indictment utilizes the speech of defendants to show the existence of the conspiracies, the defendants' agreements to participate in them, their level of participation or role in them, and the defendants' criminal intent." Using their own words against them, how novel. The defense also argued that raising money for the group should be protected by the First Amendment. Sorry, if raising money for political parties isn't protected by the First Amendment, raising money for IJ isn't either. But Moody said fund-raising does not have constitutional protection. Moreover, Moody concluded, "Stopping the spread of terrorism is ... a compelling governmental interest." Moody also rejected defense motions to strike the words "terrorism" and "terrorist" from the indictment because it could inflame jurors. The judge said the allegation of supporting a terrorist organization is an "essential element of two of the charges." I'd say so. |
| Posted by:Steve |
| #19 Dr. Sami is probably rethinking his decision to go on the Bill O'Reilly show last year. Among other things O'Reilly questioned him about this: In -- in 1988, you did a little speaking engagement in Cleveland, and you were quoted as saying, "Jihad is our path. Victory to Islam. Death to Israel. Revolution. Revolution until victory. Rolling to Jerusalem." Did you say that? O'Reilly ended the interview with, ....I appreciate you coming on the program, but if I was the CIA, I'd follow you wherever you went. Apparently they took the hint. Someone should suggest that O'Reilly invite Boris for an interview. |
| Posted by: GK 2004-3-19 11:10:28 PM |
| #18 ...I am amazed that this troll has so much time to post all stuff. Successful street beggars have plenty of time to frequent the libraries that are not protected by ''smell of urine" abatement ordinances. Well, I also hear prostitutes also have plenty of time since they don't usually start work until evening... |
| Posted by: Pappy 2004-3-19 9:50:36 PM |
| #17 With regard to Boris, I am amazed that this troll has so much time to post all stuff. Successful street beggars have plenty of time to frequent the libraries that are not protected by ''smell of urine" abatement ordinances. Overall this person consistently demonstrates a level intelligence, eloquence and coherence well below that which would be necessary to survive by one's wits as an urban storyteller. This person's ability to communicate effectively is consistent with someone who would have to invest a considerable time dumpster diving for their three square meals. Even if he/she has staked out a primo area zoned for commercial use and heavily populated with fast food joints, this person should not have such consistent access to wireless technology. Its not like the shopping carts at Walmart, that this person uses for his or her doublewide on casters, come with neutrino equipped with laptops. The only plausible explanation I can fashion for this person's actual occupation is that he or she is a denizen of a college or university's Education Department - either instructor or student. Oh, this person would also have to dabble in inhaling ether available to a person who works part time in a veterinary clinic. |
| Posted by: Super Hose 2004-3-19 8:39:28 PM |
| #16 Anonymous, the folks that inhabit this board are too informed to fall for your baiting or partial facts. Try the Democratic Underground, facts don't bother them, you'd have a swell time. |
| Posted by: ruprecht 2004-3-19 7:02:29 PM |
| #15 I guess Boris proves what I've suspected: There are two types of people in this world: those who support Israel, and wankers. |
| Posted by: Bulldog 2004-3-19 6:44:58 PM |
| #14 Raj, you forgot about Israel's 1967 war of aggression. http://AmericanDefenseLeague.com |
| Posted by: Anonymous 2004-3-19 6:13:38 PM |
| #13 we know that Islrael took Palestinian land by force and truth can not be censored forever. I might be sketchy on my history, oh brave Anonymous Oh, and what's the cause of Palestinians losing land? Losing wars started by Arab aggressors. That, my sackless friend, is called reality. You ought to get acquainted with it. |
| Posted by: Raj 2004-3-19 5:49:36 PM |
| #12 Scott, that's not funny; it's never OK to kill anyone, but Jews must extend respect for Palestinian lives on Palestinian land before they can expect the same on Israeli soil -- we know that Islrael took Palestinian land by force and truth can not be censored forever. http://AmericanDefenseLeague.com/palbaby1.htm |
| Posted by: Anonymous 2004-3-19 5:03:10 PM |
| #11 RC, it's pretty obvious it's Boris again. Cingold, I agree. This seems like harrasment to me. From other posts, it also looks like Boris has a history of doing this at other forums. |
| Posted by: Lil Dhimmi 2004-3-19 4:59:35 PM |
| #10 Hey, anonymous -- why are you so afraid to put a name to your posts? Is it because you're a coward? Yeah, I thought so. You're just a pussy, hiding behind your screen, trying to make yourself feel like a man by spewing hatred from the safety of your parent's basement. |
| Posted by: Robert Crawford 2004-3-19 4:55:52 PM |
| #9 Alright Anon, we got it. It's okay to kill jooooooos. Drive them into the sea. blah blah blah. etcetera. etcetera. No one here is buying what you're selling so please move along. |
| Posted by: Scott 2004-3-19 4:52:25 PM |
| #8 ruprecht, suicide bombers target the IDF hiding among civilians, but the media under Jewish control and the Jewish ADL and JDL censor the truth as they censor it on Rantburg -- if the IDF cared for the civilians their movement would be restricted to military bases. BTW, Jews have been known to target their own in order to withdraw from peace talks. http://AmericanDefenseLeague.com/palbaby1.htm |
| Posted by: Anonymous 2004-3-19 4:34:39 PM |
| #7 Anon, when your chosen target is a disco filled with young people, or a bus filled with school children, or the baby's room in a settlers home, you are targeting children. You mince words or you lie, I'm betting on the later. |
| Posted by: ruprecht 2004-3-19 4:17:08 PM |
| #6 Rafael, children on Israeli soil are not targeted, they just happened to be there; Israeli snipers target Palestinian children, see link. What would you do if God forbid that child in the picture were yours? http://AmericanDefenseLeague.com/palbaby1.htm |
| Posted by: Anonymous 2004-3-19 3:35:31 PM |
| #5 Beat me to the punch, Rafael. |
| Posted by: Raj 2004-3-19 3:19:46 PM |
| #4 Killing and maiming of children & Israeli citizens on Israeli soil is terrorism and Anonymous looks the other way. |
| Posted by: Raj 2004-3-19 3:18:48 PM |
| #3 Posted by: Anonymous [http://AmericanDefenseLeague.com/israel] 2004-3-19 3:05:40 I agree with someone's prior post that this must be some form of harassment. I was looking at the U.S. Code, and since the guy is soliciting donations for his website (under fraudulent pretenses) it could well be a RICO violation, but this is not my area of specialty. I know it’s time consuming, but I wonder if a call to your local U.S. attorney’s office might be worthwhile: U.S. Attorney's Office, Main Office 101 West Lombard Street Baltimore, MD 21201 (410) 209-4800 Since this moron is using the internet to perpetuate his harassment, it would be a federal offense if (as I suspect) the harassment can be characterized as criminal. |
| Posted by: cingold 2004-3-19 3:17:29 PM |
| #2 Shit anon, I agree. Palestinian soil of course being the Gaza Strip and large parts of the West Bank. But you forgot to mention killing and maming of children on Israeli soil. But I'm sure that's just a slight oversight on your part. |
| Posted by: Rafael 2004-3-19 3:17:24 PM |
| #1 Killing and maming of children on Palestinian soil goes beyond terrorism and the world looks the other way. |
| Posted by: Anonymous 2004-3-19 3:05:40 PM |