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Sunday, February 26, 2012

Pennsylvania Judge Throws Out Charge For Harassing Atheist While Calling The Victim A Doofus


There is a surprising story out of Mechanicsburg, Pennsylvania that seems the perfect storm of religious tensions. You begin with Ernie Perce, an atheist who marched as a zombie Mohammad in the Mechanicsburg Halloween parade. Then you add Talaag Elbayomy, a Muslim who stepped off a curb and reportedly attacked Perce for insulting the Prophet. Then you have a judge (Judge Mark Martin) who threw out the criminal charges against Elbayomy and ridiculed the victim, Perce. The Judge identifies himself as a Muslim and says that Perce conduct is not what the First Amendment is supposed to protect.


Perce is the American Atheists’ Pennsylvania State Director and marched with other atheists, including one dressed as a creepy Pope. Here is the tape of the incident:



Perce says that Elbayomy grabbed him and tried to take his sign. Elbayomy was at the parade with his wife and children and said that he felt he had to act in the face of the insult. The officer at the scene, Sgt. Brian Curtis, correctly concluded that Perce was engaged in a lawful, first amendment activity. He therefore charged Elbayomy. While it looks like an assault, he was only charged with harassment.
The case, however, then went to District Judge Mark Martin who not only threw out the charge of harassment but ridiculed Perce as a “doofus.” He also proceeds to not only give an account of his own Muslim faith (and say that he was offended personally by Perce’s action) but suggests that Elbayomy was just protecting his “culture.” The judge not only points to his own Koran but his time in Muslim countries as relevant to his deliberations. Putting aside the problem of ruling in a case where you admit you have strong personal feelings, the lecture given on the first amendment is perfectly grotesque from a civil liberties perspective. Read the rest on the place of:

JONATHAN TURLEY


by eperce on Feb 19, 2012

The parading atheists marched in the Mechanicsburg Halloween Parade on Oct 11, 2011 as the Zombie Messengers of God. Talaag, a Muslim, attacked a parade participant in defense of the Prophet of ISLAM. Blasphemy shall not be tolerated in the Borough of Mechanicsburg, PA.
This is the entire trial and we ask you to make your decision whether he acted appropriately or not and then call Judge Mark Martin at 717-766-4575.
He may hold me in contempt of court for releasing this audio. Please spread this video in celebration of FREEDOM OF SPEECH IN AMERICA!
I didn't speak out because the Judge ordered me to not release the audio and said I would violate section 112 of the Rules of Pennsylvania Court. However, this rule does not apply to me. I'm in the boundaries of the law and I'm tired of his contempt court bullying. I'm releasing the video and fully aware of the results that I could and will be illegaly jailed or fined under this action. FREEDOM OF SPEECH IN AMERICA is our founding rights.
No appeal is allowed since that would be double jeopardy.

Muslim attack
http://www.youtube.com/watch?v=yP-X3hpCfR

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