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Thursday, January 05, 2012

California judge deems Muslim ramming Jew with shopping cart 'protected speech'

One can only wonder what Mr. Justice Holmes would say. A California judge has found that a Muslim student who rammed a Jewish student with a shopping cart was simply exercising a right to free speech.
On Thursday U.S. District Judge Richard Seeborg said the harassment, even if true, constituted protected political speech and dismissed the case against the university.

Seeborg said the university did not have any obligation to intervene in any dispute where a private individual on campus was allegedly interfering with another’s constitutional rights. He instead appeared to indicate that the incident was an outcome of Felber’s counter protest.

Felber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
“The incident in which Felber was assaulted with a shopping cart, for example, did not occur in the context of her educational pursuit,” Seeborg stated. “Rather, that event occurred when she, as one person attempting to exercise free speech rights in a public forum, was allegedly attacked by another person who likewise was participating in a public protest in a public forum.”

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At 7:02 AM, Blogger Sunlight said...

This is from one of those Hitler Youth river to the sea weeks at a UC... Berserkely to be exact. I remember reading about this last year. So the court is saying that a Jewish person saying anything about their campus being taken over by holocaust promoters with unavoidable "exhibits" can be physically attacked to shut them up. Way to go University of California! We'll have to make sure the MSA at UCSD has heard so they can up their assault on Library Walk!

From the link: "Back in June of 2010 a leader of a pro-Palestinian student group at University of Berkeley allegedly rammed a Jewish woman with a shopping cart as she staged a counter-protest to an anti-Israel “Apartheid Week” rally conducted by the Muslim Student Association and Students for Justice in Palestine. The counter-protest was dubbed “Israel Wants Peace Week.”"

At 9:52 AM, Blogger Pasta Fajoule said...

The university did have an obligation to intervene in any dispute where a private individual on campus since it was on the university's campus. Whether it was allegedly interfering with another’s constitutional rights or not since it was on the campus owned by the university, the university has the obligation to protect every single individuals. U.S. District Judge Richard Seeborg, instead appeared to indicate that the incident was an outcome of Felber’s counter protest regardless whether it was on university campus or not. Knowing that there was a protest potential of ending violently should have been taken into account and afforded everyone equal protection. U.S. District Judge Richard Seeborg . was wrongful in his decision and an appeal should be leveled to correct this miscarriage of justice.

At 2:52 PM, Blogger Sunlight said...

Univ. of California and CA law enforcement and judges, NO ONE is allowed to ram someone else with a shopping cart. Even if it is a JEW that is being rammed. What is wrong with you? The guy should have been handcuffed and hauled off for criminal assault. California is turning out to be a huge disappointment on the planet. (I spent some years living in CA.)

At 7:29 AM, Anonymous Anonymous said...

if that judge believes that free speech always includes the right to physically attack another person, there's a bigger problem in California than just at the University.

At 10:16 PM, Blogger Sara Peters said...

This is poor reporting. The opinion is not saying it is okay to ram people with shopping carts. It only pertains to whether the University had a duty to put additional restrictions on the protest in advance (to prevent such incidents). Anytime a public forum puts restrictions on protests in advance, there is obviously some restraint on free speech. Apparently, the judge found that here the University could not have prevented this incident without unduly quenching free speech. Obviously, nobody is arguing that the shopping cart ramming itself was okay. Stop knocking down straw men.


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