Daily Archives: April 20, 2012

Tarek Mehannas political speech was controversial and offensive. But the prosecution did not show that he was willing to actually engage in violence.Terrorists win hearts and minds when the US government prosecutes Muslims in America with little regard for the Constitution.

On April 12 the United States government successfully convicted another young Muslim male who believed he had the right to express his deep disdain for American foreign policy in the Middle East and Asia. Tarek Mehanna, an American-born Bostonian, took his First Amendment rights quite seriously when he vocally condemned his government for killing thousands of Muslims abroad. As a result, he was convicted of conspiring to help Al Qaeda.

While his prosecution may appear to be another success in the nebulous war on terror, it is in fact a victory for terrorists abroad who win hearts and minds when the American government bends over backward to prosecute Muslims in America with little regard for the Constitution.

Without a doubt, Mr. Mehannas political beliefs and speech were controversial if not outright offensive. Indeed the prosecutors highlighted a website run by Mehanna that often posted English language translations of Islamic teachings in favor of self-defense and circulated gruesome jihadi videos.

But what the prosecution was unable to show was Mehannas willingness to actually engage in violence in furtherance of his political beliefs. At numerous junctures during which Mehanna was under surveillance, Mehanna rebuked overtures by government informants and others to join them in a terrorist attack. To the contrary, Mehanna limited his actions to speaking out and writing against US foreign policy as well as translating controversial extremist materials into English.

In addition, Mehanna traveled to Yemen in 2004. He claimed his visit was to study Arabic and Islam. The government alleged he went to join Al Qaeda and later returned home to assist the terrorist organization expand its influence in the US. But both admit that Mehanna never actually planned or attempted to execute a violent terrorist act.

But for the 2010 Supreme Courts flawed decision in Humanitarian Law Project v. Holder (HLP), it is doubtful the prosecution would have stood a chance at a conviction. The ruling in HLP criminalized coordinated advocacy with a designated terrorist group as unlawful material support to terrorism, while independent advocacy remained protected by the First Amendment.

Thus the case came down to whether Mehannas vocal criticism of US military practices in Afghanistan, Iraq, and other Muslim majority countries was coordinated with Al Qaeda operatives. Similarly, when he translated Islamic literature and Al Qaeda propaganda, the government labeled it coordinated advocacy such that he was providing unlawful material support to terrorism.

Ultimately, the case depended on whether the jury believed the governments explanation for Mehannas 2004 trip to Yemen. Had he not taken the trip, perhaps he would never have been convicted of conspiring to aid Al Qaeda, though he likely would still have been prosecuted.

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Tarek Mehanna: Punishing Muslims for free speech only helps Al Qaeda

Last month, Michigan teacher Brooke Harris was fired for allegedly helping students organize a 'hoodie' fundraiser for the family of Trayvon Martin. By all means, give Harris her job back. But lets also support the free-speech rights of all of our teachers, not just the ones we agree with.

The Trayvon Martin case has claimed a new martyr. The first one was Martin, the Florida teenager gunned down on Feb. 26 by neighborhood watchman George Zimmerman. Now theres Michigan teacher Brooke Harris, who was fired last month, allegedly for helping her 8th-grade students organize a fundraiser for Martins family.

Ms. Harris quickly became a cause clbre on the Internet, where more than 200,000 people have signed a petition calling for her reinstatement. As the petition correctly noted, dismissals of this type create an atmosphere of fear in American schools. We will not tolerate the silencing of our nations best teachers, the petition declared.

But we do tolerate it, and increasingly so. Harriss firing comes at a historic low point for teacher freedom in the United States. And most of us have stood idly by, because we dont really believe that teachers should have freedom. Instead, we want them to echo our own views.

Consider the case of Jillian Caruso, who was fired from her Massapequa Park, N.Y., elementary school after her principal objected to a picture of George W. Bush that she displayed in her classroom during Bushs 2004 re-election campaign. A member of the Republican National Committee, Ms. Caruso alleged that the principal who was married to a Democratic state assemblyman violated her First Amendment rights to free speech and association.

Carusos dismissal generated a few columns and blog posts from outraged Republicans. But from Democrats? Not a peep. Nor did I hear much protest from any side of the aisle when a federal jury ruled against Caruso in 2007.

In instructing the jury, the presiding judge emphasized that Caruso had freedom of speech in her capacity as a citizen, but not as a teacher. So she was free to support President Bush on her own time and on her own dime but not while she was in school.

Here the judge invoked the Supreme Courts 2006 decision in Garcetti v. Ceballos, which said that public employees have no First Amendment rights when they are speaking as part of their official duties. The state hires employees to deliver a certain message, the court said, so it can also penalize those who deviate from it.

Since then, federal courts have used Garcetti to uphold the removal of an Indiana teacher who told her students she opposed the war in Iraq, and of an Ohio teacher who asked her class to report on examples from the American Library Associations 100 most frequently challenged books. The right to free speech...does not extend to the in-class curricular speech of teachers in primary and secondary schools, the Ohio ruling flatly declared.

Thats a huge problem for anyone who cares about American democracy. Teachers do not simply work for the government; theyre supposed to help students learn how to function within it. So they also need to model the skills and habits that democracy demands, especially the ability to analyze and evaluate different points of view.

Here is the original post:
The firing of Brooke Harris: a teachable moment about free speech

Last month, Michigan teacher Brooke Harris was fired for allegedly helping students organize a 'hoodie' fundraiser for the family of Trayvon Martin. By all means, give Harris her job back. But lets also support the free-speech rights of all of our teachers, not just the ones we agree with.

The Trayvon Martin case has claimed a new martyr. The first one was Martin, the Florida teenager gunned down on Feb. 26 by neighborhood watchman George Zimmerman. Now theres Michigan teacher Brooke Harris, who was fired last month, allegedly for helping her 8th-grade students organize a fundraiser for Martins family.

Ms. Harris quickly became a cause clbre on the Internet, where more than 200,000 people have signed a petition calling for her reinstatement. As the petition correctly noted, dismissals of this type create an atmosphere of fear in American schools. We will not tolerate the silencing of our nations best teachers, the petition declared.

But we do tolerate it, and increasingly so. Harriss firing comes at a historic low point for teacher freedom in the United States. And most of us have stood idly by, because we dont really believe that teachers should have freedom. Instead, we want them to echo our own views.

Consider the case of Jillian Caruso, who was fired from her Massapequa Park, N.Y., elementary school after her principal objected to a picture of George W. Bush that she displayed in her classroom during Bushs 2004 re-election campaign. A member of the Republican National Committee, Ms. Caruso alleged that the principal who was married to a Democratic state assemblyman violated her First Amendment rights to free speech and association.

Carusos dismissal generated a few columns and blog posts from outraged Republicans. But from Democrats? Not a peep. Nor did I hear much protest from any side of the aisle when a federal jury ruled against Caruso in 2007.

In instructing the jury, the presiding judge emphasized that Caruso had freedom of speech in her capacity as a citizen, but not as a teacher. So she was free to support President Bush on her own time and on her own dime but not while she was in school.

Here the judge invoked the Supreme Courts 2006 decision in Garcetti v. Ceballos, which said that public employees have no First Amendment rights when they are speaking as part of their official duties. The state hires employees to deliver a certain message, the court said, so it can also penalize those who deviate from it.

Since then, federal courts have used Garcetti to uphold the removal of an Indiana teacher who told her students she opposed the war in Iraq, and of an Ohio teacher who asked her class to report on examples from the American Library Associations 100 most frequently challenged books. The right to free speech...does not extend to the in-class curricular speech of teachers in primary and secondary schools, the Ohio ruling flatly declared.

Thats a huge problem for anyone who cares about American democracy. Teachers do not simply work for the government; theyre supposed to help students learn how to function within it. So they also need to model the skills and habits that democracy demands, especially the ability to analyze and evaluate different points of view.

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The firing of Brooke Harris: a teaching moment about free speech