Justice Stephen Breyer: Is Burning Koran ‘Shouting Fire In A Crowded Theater?’
Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on “GMA” that he’s not prepared to conclude that — in the internet age — the First Amendment condones Koran burning.
“Holmes said it doesn’t mean you can shout ‘fire’ in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”
Click here to read what advice Breyer has for incoming Justice Kagan.
Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on “GMA” that “just because you have a right to do something in America does not mean it is the right thing to do.”
For Breyer, that right is not a foregone conclusion.
“It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”
Breyer, the author of “Making Our Democracy Work,” told me it’s a “rickety system” — but it’s worked “fairly well” for a long time.
or click here to become a fan on Facebook.
Email
Rick Santorum Defends Earmarks
Ron Paul Ad's Call Santorum a 'Fake'
Liberal college profs have attacked, mocked, and outright blasphemed Christianity during lectures for the last 40 years. Everyone who went had to enduring their mockery, and would even get a lower score for lack of participation in the discourse. Now all of a sudden, these same professors want to protect the koran! I actually wish that I was taking classes again, because I would mess with them for leaving Islam alone. like . . . “would this same ‘fairy tail’ reasoning apply to islam as well?”. . . . . “what’s wrong prof, cat got your tongue?”
Posted by: Ozarkess | September 14, 2010, 7:31 am 7:31 am
Christianity deserves to be mocked along with Islam and all other religions.
“All of a sudden” — what is that? What does it mean? Do you mean “suddenly”?
Posted by: fasteddie | September 14, 2010, 7:37 am 7:37 am
We already accept that harassing and threatening speech aren’t granted First Amendment protection. SCOTUS also decided that KKK cross burnings are not protected speech. Holy book burnings are deeply offensive to believers. But does it rise to the level of obscene, threatening, or inciteful speech? Kudos to Breyer for discussing the point.
Posted by: tiffany | September 14, 2010, 7:46 am 7:46 am
And like that (snap) your liberties are gone. Thanks “progressives.”
Posted by: Fan of Jefferson | September 14, 2010, 7:55 am 7:55 am
Due to the fact that the media now sensationalizes these nuts, maybe new laws have to be enacted. One new law maybe against any media outlet that turns these crackpots into front page fodder.
Posted by: Kathy | September 14, 2010, 7:57 am 7:57 am
Maybe building a[CORDOBA] near the 9/11 site is as bad as yelling fire in a crowded theater, it will lead to a lot of problems for Muslims,there are of course nuts running around that are capable of violence and it will probably come forth. Not all Americans hate Muslims,and that needs to be the headlines!!!
Posted by: earl | September 14, 2010, 8:24 am 8:24 am
So..is it time to admit Moslems have a disability and that they should be treated differently just like other ‘special’ groups in our society?
Posted by: GiveThemaBreak | September 14, 2010, 8:33 am 8:33 am
How can a justice even began to compare the two? One is based on fear of a real threat to your safety and the other is over a book. To even make this ridiculous statement makes you wonder about this guy.
Posted by: pgdion | September 14, 2010, 8:42 am 8:42 am
So what Justice Breyer is saying is that it’s ok to burn a bible because christians are not violent? And it’s ok to burn a flag because American’s do not threaten violence against those who do? But it’s not ok to burn a koran because muslims are violent? Do I have this correct? Just asking.
Posted by: cml | September 14, 2010, 8:45 am 8:45 am
This illustrates the point well….we are a nation run by lawyers, which in my estimation is NOT a good thing…..
Posted by: anguus | September 14, 2010, 9:03 am 9:03 am
This illustrates the point well….we are a nation run by lawyers, which in my estimation is NOT a good thing…..
Posted by: anguus | September 14, 2010, 9:03 am 9:03 am
“Liberal college profs have attacked, mocked, and outright blasphemed Christianity during lectures for the last 40 years. Everyone who went had to enduring their mockery, and would even get a lower score for lack of participation in the discourse…..”
BS!!! …How about ya didn’t study hard enough and that is what really caused your lower score!!! …its all about accountability! Now… have a blessed day!
Posted by: mytakeonthis61 | September 14, 2010, 9:06 am 9:06 am
cml good question, but the answer is obvious. action-reaction. yell fire in a theater, reaction is possible stampede
burn a bible, reaction is.. nothing(not ssaying I like this byw) but christians as a whole are not going to start killing people who are from the same counntry as the idiot attention seeker who is doing the burning….
burn a koran, its understood the radical factions , and borderline moderates overseas who only see the sensationalized version of this moron pastor who didnt deserve 10 seconds of airtime, will almost CERTAINLY endanger american lives.. so there is your difference…
this pastor in my opinion, needed a “visit” from some gov agency… this BS has to stop, inciting these loose uslim cannons is the hieght of stupidity, possibly resulting in many unneccassary deaths…
Posted by: pauly | September 14, 2010, 9:08 am 9:08 am
Burning Korans, or even implying that Korans will be desecrated (or really, doing anything that in any way insults Islam) triggers violent riots where people are injured or killed. We have seen this already, just this past weekend. That is why I have to question any assertion that Islam is a “peaceful” religion.
Long ago Christianity was also a brutal, violent religion. The Crusades, the Inquisition, the persecution against men of science, etc. But that was centuries ago and we are past that now.
Why must Islam continue to be practiced like it is still the 12th century?
Posted by: Steve Z | September 14, 2010, 9:20 am 9:20 am
Ask a judge something, and get a corrupt answer.
Our judicial system is in just as bad a condition as our Congress. The judiciary is totally corrupt, with no equity in sentences, between, for instance a celebrity, and a street corner black person. One will get a slap on the wrist for possession of drugs, while the other will get significant jail time.
The judiciary also is making decisions that are highly questionable, for many things, which are in effect creating injustice. 6 yrs. for murder, is hardly an appropriate sentence, especially when they are then released in 3 yrs.
Further, criminals who are given lengthy sentences are serving almost none of them. A criminal was just released, only 6 yrs. into a 40 yr. sentence.
No, the judiciary is no longer a protector of the public. They interpret the laws for their own benefit, not the public’s.
Posted by: Rick McDaniel | September 14, 2010, 9:26 am 9:26 am
Right on Tomebaden! Why aren’t the same standards applied to the Ground Zero Mosque? You remember that people actually DIED there?! Injustice Stephens seems to be leaning toward a double standard: Christians bow down and muslims rule. Is that it Injustice Stephens? Maybe if Christians adopted the tactics of muslims we would win the elitists approval. Christians have been tolerant for far too long.
Posted by: Cindy, NC | September 14, 2010, 9:29 am 9:29 am
pauly, bibles and flags are burned on foreign soil as well and still we do not retaliate. I think my point is made. I understand that these are radical factions that are making threats, but the justice said that we need to rethink because burning a koran may insight violence. Should we all just roll over and become slaves, and watch bibles and flags be burned, or should we stand our ground. I don’t believe in the mistreatment of any religious item or any flag here or abroad. The pastor was wrong because it disrespects a religious item, not because it would cause violence. The violence is already here, Jones had a misguided reaction to it.
Posted by: cml | September 14, 2010, 9:32 am 9:32 am
“BS!!! …How about ya didn’t study hard enough and that is what really caused your lower score!!! …its all about accountability! Now… have a blessed day!”——————This blurb by a college porfessor is everything thats wrong with our colleges. Our college professors teach our children to hate the United States and its history, they teach children that christianity is wrong they teach children to be ashamed of our country. College is the biggest waste of money. Our education system prepares our kids to fail. They leave school with no real world skills or knowledge. Just look at our president.
Posted by: Brian | September 14, 2010, 9:39 am 9:39 am
The important lesson that will be taken from this is that violence works…at least against liberals. That we will have our basic Rights modified to mollify violent, religious fanatics.
I really wish I understood the need for liberals to accommodate these monsters. Are they simply afraid? Or is it as simple as the enemy of my enemy is my friend?
Hell, I’d be satisfied if they treated Muslims as badly as they treat American Christians.
A teenager who wants to thank Jesus at a graduation ceremony? A teacher who wants to wear a crucifix around her neck? The Coming Theocracy. Actual violent, murdering religious fanatics?
Them we tip toe around so as not to startle them.
Unbelievable.
Posted by: Bob | September 14, 2010, 9:44 am 9:44 am
Actually, it’s STARTING a fire in a crowded theatre so you can yell “fire” legitimately.
Posted by: Hosfac | September 14, 2010, 9:47 am 9:47 am
The comparisons are apples and oranges.
Shouting fire causes IMMEDIATE panic that can directly harm people. Burning a koran causes PLANNED retaliation. The muslims did not hold those protests the MOMENT the news got out. They talked about it, planned it, and executed it. The burden of guilt lies on THEM, not us. Regardless the right or wrong of the burning, the muslims had plenty of time to think about what they were doing, and they bear the guilt for making a poor choice – you can’t put that back on us.
Posted by: bob | September 14, 2010, 9:51 am 9:51 am
If burning a Koran is shouting fire in a crowded theater, is building a mosque at ground zero “shouting fire in a crowded theater”? The bottom line is that anything that is politically incorrect is shouting fire in a crowded theater. Eventually the government makes up the rules it wants to and ignores the ones it wants to.
Posted by: Ricky | September 14, 2010, 9:52 am 9:52 am
“BS!!! …How about ya didn’t study hard enough and that is what really caused your lower score!!! …its all about accountability! Now… have a blessed day!”——————This blurb by a college porfessor is everything thats wrong with our colleges. Our college professors teach our children to hate the United States and its history, they teach children that christianity is wrong they teach children to be ashamed of our country. College is the biggest waste of money. Our education system prepares our kids to fail. They leave school with no real world skills or knowledge. Just look at our president.
_______
I don’t know what college you went to, but my college profs didn’t teach me to hate the U.S. Barack Obama was Editor of the Harvard Law Review, expert community organizer (make fun of that, it still takes skill to do), ran an expert campaign, was elected President, and got a good part of his agenda passed. Yeah, and he did it on his own without riding Daddy’s coattails. I’d say that shows a lot more real-world skills than somebody who obviously was a failure in college and blames the profs. Besides, who would you replace President Obama with? The Governor who quit after a half term? The drug-addled college dropout? The deranged blackboard artist who sobs? Conservative voices are EPIC fail in everything they do except for blame. People who fail always find some way to blame somebody else.
Posted by: Big John | September 14, 2010, 9:58 am 9:58 am
I see this as giving in to bullies. It seems that it’s OK to burn the holy book of the Christian religion because its followers won’t go beserk and kill people, but it’s not OK to burn a Muslim holy book because its followers will become violent. First of all, could we just acknowledge that it’s BARBARIC to be violent???!!! Secondly, stop showing a double standard. You can be on the side of free speech (burning whatever symbols you want) or on the side of respect for others’ religions (not burning holy symbols), but you can’t pick only ONE religion and say, “Don’t burn THEIRS because they’ll kill people if you do.” Kowtowing to violence is cowardly.
Posted by: Lisa | September 14, 2010, 9:59 am 9:59 am
If someone burned my scripture, I’d feel anger and hurt in my heart, but if my God is true, the reaction they’ll get from Him is far worse than anything I could deliver, so I let God be the Judge, and I let God defend Himself, as He is more than capable! This goes for anyone of any faith.
Posted by: Gerald | September 14, 2010, 10:02 am 10:02 am
Koran burning and GZ mosque. No one has a problem with antiChristian art, NEA taxpayer funded or otherwise. No one has First Amendment trouble with community pushback for Christian churches in residential neighborhoods. No one has a First Amendment problem with pushback against Christian private schools in residential neighborhoods. As a Christian, I find the desecration of things I hold sacred abhorent. But, that is the price of a free society. That free society tells me to get over it. And I do. So to the Muslim world: Get over it.
Posted by: Red Element | September 14, 2010, 10:04 am 10:04 am
We need to remember that we are a civil society. My brother-in-law is from Iran. I have met his family. They are very kind people. The first time my brother in-law met me he brought me flowers. My niece and nephew are raised to respect people. The muslims that I know respect our religion and our holidays such a christmas. I have a son serving in Iraq. He respects the people and knows my brother-in-law. I am worried for him because of what has happened here in the United States. People just need to educate themselves and stop being so ignorant.
Posted by: cindy | September 14, 2010, 10:08 am 10:08 am
If that pastor wants curses he should go ahead and burn the quran.
Posted by: kemigisha shamim | September 14, 2010, 10:13 am 10:13 am
“If someone burned my scripture, I’d feel anger and hurt in my heart,…”
I pretty much agree with you here except my feelings would not be of anger. My feelings would be very aggrieved mixed with overwhelming saddness that someone would do something so horrific. But, I would equally feel this way if someone burned/destroyed a Qu’ran, a Torah, or the Holy Bible.
Posted by: mytakeonthis61 | September 14, 2010, 10:23 am 10:23 am
Muslims constantly burn the US flag without any consideration to the feelings of American patriots. Why shouldn’t Americans with 1st amendment protection be able to burn Korans or Pakistani flags? It is the sworn duty of the Taliban and Al Qaeda to kill Americans AND Muslims in their quest for world domination via Sharia law. The pastor has backed down on the burning of Korans. Why shouldn’t the Imam now compromise in the interest of peace and relocate his mosque somewhere else? Is it really too much to ask? Will the Islamic world really cry foul? Would they want a Christian church built near Mecca? Heck NO! Christians are actually persecuted in Muslim countries like Saudi Arabia. Things are tilted to far in favor of Muslims because of their violent radical fringe.
Posted by: Bob | September 14, 2010, 10:28 am 10:28 am
What Justice Breyer proposes is an Anti-Blasphemy Law that protects only Islam. All it would take to outlaw criticism of Islam, would be for its most deranged and violent followers somewhere to riot – then our Court could cite that as proof that the insult, no matter how minor, is somehow outside the bounds of First Amendment protection.
Who’d have thought it: we have a Supreme Court that protects live sex shows as core free speech, but is willing to consider banning criticism of one particular religion as beyond the pale. So much for the Establishment Clause.
Posted by: Joe Blow | September 14, 2010, 10:42 am 10:42 am
Anguus, got news for you: Thomas Jefferson, John Adams, and James Madison were lawyers. They helped establish this nation.
Posted by: JohnJCorbin | September 14, 2010, 10:47 am 10:47 am
Shouting fire in a Theater and burning a book are two different things….unless you burn the book in a Theater.
Posted by: Boris | September 14, 2010, 10:47 am 10:47 am
Why would it be illegal to burn the Muslam holy book but it is perfectly fine to burn the christian bible or the American flag.
Posted by: Bill | September 14, 2010, 10:47 am 10:47 am
with one religion pitted against the other, Bill O’Riley’s new book Pinheads & Patriots & the list goes on. What I see is division. I now turn the volume down when anyone starts talking politics on TV. It’s not about the good of mankind or our country. It’s about ‘our side is right & your side is wrong’. That is the problem…but watch out cause there is such thing as being too liberal also. What the answer is , I don’t know. I just know what the problem is. Barack seemed like he might be able to unite us (his speeches were grand) but the right wing has shot down everything he’s tried to do (division). The right wing is giving us nothing except division. If the right wing had a great mind/speaker like william f buckly they’d be ok. But all they have is Gingrich, Palin & O’Riley & Beck & all these people do is divide us. FOX NEWS is out to divide us. That is not patriotic at all. So O’Riley ,you would be listed as a pinhead because you surely aren’t a patriot. You’re a divider. America is killing itself & it’s not because of Socialism. It’s because of large egos. God help us all.
Posted by: xyz | September 14, 2010, 10:50 am 10:50 am
So apparently the new standard of “free” speech would be that you’re not allowed to say anything that would upset someone enough that they would commit criminal acts? Speech would be protected only if large enough numbers threatened sufficient violence.
Somehow I just don’t think our founding fathers had that standard for free speech in mind when they were seeking to protect it from the likes of Breyer and other similar fascists. As a matter of fact, I think they had just the opposite in mind. Namely, our founders protected free speech precisely because it had incited the British to do violence against those who spoke freely.
Posted by: Asok | September 14, 2010, 10:50 am 10:50 am
I find it astounding, the percentage of these posters who are obviously incapable of reasoning!
Posted by: James Oglesby | September 14, 2010, 10:51 am 10:51 am
if you are a sincere spiritual person you ll know that god is in your fiber beyond the church religon and holy books. pastor jones was just testing everyone out.
Posted by: phoenix | September 14, 2010, 10:52 am 10:52 am
As long as Breyer is consistent and views burning the Holy Bible in the same way as burning the Koran–I’d have no problems. However, I am inclined to think that liberals will only apply the laws or their thwarted views of the Constitution to their views.
Posted by: Louis | September 14, 2010, 10:52 am 10:52 am
Two can play that game, Mr Justice Gestapo. If Moslems are so volatile that we must all tippytoe around them as if they were a bottle of nitroglycerine, even to the point of suspending the Bill of Rights lest somebody annoy them, then plainly their continued presence among us is a danger to public safety.
Posted by: Inner Redneck | September 14, 2010, 10:54 am 10:54 am
XYZ, so your conclusion is that it’s Fox and the repubs against MSNBC, ABC, CBS, PBS, NBC, and the Obama administration. Fair fight huh?
Again, your left wing has had full control of the house, senate, and the media. I hardly believe that it’s Fox and friends putting a stop to this disaster….. It’s the American people.
Posted by: stickman | September 14, 2010, 10:59 am 10:59 am
In America it used to be our way or the highway. That’s how our nation’s greatness was achieved; hard, tough America.
Marxist-Leninist liberals abhorred that America and they never stopped their means to achieve their end and finally they got it. A sensitive, feeble, indecisive, soft America.
That’s why we are in our present condition. The only way we will solve our social problems is voting ultra conservative America-first politicians, kicking out all the third-world rabble and going back to good old hard ass America.
We cannot aspire to continue being a first world nation with a third world population.
Posted by: Incitatus | September 14, 2010, 11:02 am 11:02 am
The power hungry Progressive/Lefties will interpret the law any way they want for their “advantage.”
Be prepared to defend you freedoms or they will be gone forever.
Posted by: Captain Steve | September 14, 2010, 11:03 am 11:03 am
“would this same ‘fairy tail’ reasoning apply to islam as well?” — YES it would, and does.
Posted by: kemuch | September 14, 2010, 11:07 am 11:07 am
“but if my God is true”—- Considering it’s the same God, what is a God to do?
Posted by: kemuch | September 14, 2010, 11:10 am 11:10 am
What this says is that if you do not want something you believe in or love to be mocked then you should threaten violence and if provoked you should kill if necessary. I just hope all these Justin Beiber fans don’t learn this lesson. Pretty soon burning a picture of Justin could be the same as shouting fire in a theater. Maybe it is time for the morons in the theater to look around and see if there is a fire before trampling someone, and maybe the religious nuts should take a chill pill.
Posted by: Dean | September 14, 2010, 11:12 am 11:12 am
“but if my God is true, the reaction they’ll get from Him is far worse than anything I could deliver” —- Considering it’s the same Abrahamic God, I wonder what he is to do? ;)
Posted by: kemuch | September 14, 2010, 11:13 am 11:13 am
.
This is breathtaking in its perverstity. But then, lawyers are used to blaming the victims.
A rape victim’s skirt was “too short” or she “acted provocatively”.
We’ve seen and heard it all.. or so I thought.
As long as enough gang bangers or mobsters threaten enough violence they can no longer be criticized.
This paves the way to VERBOTEN speech.
George Orwell is the greatest prophet ever, never mind what mohamedans claim theirs to be!
Or is it VERBOTEN to say that too now?
.
Posted by: Ummah Gummah | September 14, 2010, 11:14 am 11:14 am
Ozarkess posted: ****Liberal college profs have attacked, mocked, and outright blasphemed Christianity during lectures for the last 40 years. Everyone who went had to enduring their mockery…”**** So YOU believe that we should be REQUIRED to honor and respect and even hold sacred certain of YOUR beliefs. WELL! In response, I demand that YOU honor and respect SCIENCE and all it’s discoveries and findings, and stop mocking those discoveries, including those that show the BIBLE is a collection of human-created fairy tales. So there!
Posted by: AlChemist | September 14, 2010, 11:15 am 11:15 am
Is see for the Muslims it is Do as I say, Not as I do. They xcan burn bibles and flags, yell at the top of their lungs about the injustices done to them. Yet, they will do the exact same thing and declare that it is right. Is it right for both sides to conmtinue this lunacy? The Muslims seem far too thin skinned about things..
Posted by: James | September 14, 2010, 11:17 am 11:17 am
Our original forays into grasping our freedom of speech resulted in the most powerful army in the world sending its troops to our soil and fighting a bloody war. We call it the Revolutionary War. The exercise of our rights is never more critical than when others threaten us for trying to exercise them. If we bow down, even once, and allow others to dictate our behavior, we set a precedent that others will follow. “You have this right, until someone threatens us if you try to exercise that right, then we are taking it away.” That is nonsense and I think another poster on this board touched on the problem; people are afraid and lack the courage of their convictions. They only want freedom if it is freely given; they are not willing to sacrifice their false sense of security to ensure that we continue to enjoy our freedoms. Sad.
Posted by: War919 | September 14, 2010, 11:17 am 11:17 am
“Muslims constantly burn the US flag without any consideration to the feelings of American patriots. Why shouldn’t Americans with 1st amendment protection be able to burn Korans or Pakistani flags?…”
Its amazing how many of you yahoos (and I do mean that kindly–well, sort of), seemingly fail to realize that we are a seperate distinct country from the OTHER sovereign countries involved. What makes you think that they operate like we do? What drugs are you taking to think that just because we can do it here, that you have some type of right to do it there? Former Dictators (now dead but remembered), Idi Amin, and Saddam Hussein would probably spare your lives because having such thoughts would have entertained them to no end, and had them laughing hysterically for days on end, on the floor!!!!
Ya see, here is what is key… any of you folks planning on traveling, or better yet, living in Iran, Iraq, Afghanistan, Morrocco (lovely place), Qatar (another lovely place), Saudi Arabia, Pakistan, and/or any of the other Arab countries???
I didn’t think so…
So you see, they don’t have to worry about terrorism coming on their soil from the nuts–no one is really coming anyway!!!
But, many in the world come here… and we welcome them. Individuals have left their brothers, sisters, mothers, fathers, and children to come here for the opportunities (less so now) So, it is not too hard for many of their extremists to come here and wreak havoc upon our nation! …and just as we have our naysayers here,(who are intellectually challenged) and easily swayed by instigators like the Becks, Limbaughs, Hannitys, and BabyDolls (DARN IT!!!…excuse me please), ..err Palins, so too do they have their instigators. Why give them an unnecessary reason to wreak havoc? They’re just looking for any excuse to do so!
So, to answer your question: “Why shouldn’t Americans with 1st amendment protection be able to burn Korans or Pakistani flags?”
ANS: BECAUSE WE KNOW BETTER!!!!
…and that has nothing to do with fear either!!!! How about; “we are much more civilized than they are?”
Posted by: mytakeonthis61 | September 14, 2010, 11:18 am 11:18 am
And burning the flag, which the court says is free speech is not controversial and inflames passions? What does the “internet age” have to do with the unalienable rights we were created with? How stupid that enhanced communications can overturn (in this man’s mind) our constitutional rights. I guess Sam Adams would be just too inflamatory in today’s age and would have to be gagged because his audience could potentially be quite large. Who knows what he might incite with his words. Maybe even revolution that would result in lots of death and destruction.
Posted by: RDH | September 14, 2010, 11:19 am 11:19 am
So I guess the criteria for free speech will be based on the reaction to it and not the underlying principle. I wonder what his answer would be if it were Christians rioting in the streets after seeing a crucifix suspended in urine, I am betting that the underlying principle of free speech would be upheld.
Posted by: Ferrari5555 | September 14, 2010, 11:27 am 11:27 am
I think everyone should burn a Koran. It is just a book, a piece of paper. It is only special because Muslims have a firm belief that Allah and Mohammed are beyond criticism. Might as well throw some bibles and torahs on the flames also. It really amounts to nothing but flame, smoke, and ash.
Posted by: babyMuslim | September 14, 2010, 11:39 am 11:39 am
Not all Muslims are terrorists. Just because a few are giving the good name of Islam a bad name, does not justify the burning of the Quran or any persons Holy Book. What is the messaging we are sending. If not Islam someone else will come up with burning Bible, Bagava Gita, Torah among other faiths. This has to stop if we dont speak out in unity it will only bring chaos. And the media feeding into what the disgusting form of fame he is trying to get only feeds to division and hatred. Then how as we American are any different that the ignorant ppl who wish to cause division. The British rule was conquer and divide. Our forefathers fought against that that is why we are the UNITED states of America!
Posted by: ray | September 14, 2010, 11:44 am 11:44 am
Wow – I think the pastor who suggested that was 100% misguided, but…
the reactions have been even more illogical or even unconstitutional. (btw, I actually vote democrat in most elections – not a libertarian, or repub, just so you know where I’m coming from) Why would this be fire in a crowded theatre? If people are in danger of their lives, then yes. We are treating a religious belief (allah being blasphemed) above free speech. We can sit here and talk about whatever given to other religious groups in the past, blah blah, but the past is all “blah blah”. Let’s talk about right not and the future. We are abidcating the rights of Americans’ free speech based on the crazed acts of a fringe element of a religious group who threatens from afar… and has people here.
I never understood the first gulf war. Action in Afganistan made a little more sense, but why now shift gears and give “the enemy” (based on our previous war efforts is my definition), home ground in our country and shift our own citizens’ rights? Possibly the worst idea I’ve heard, and if this is going to be the direction of our politics, I’m regretting my previous vote for presidency.
Posted by: Matt | September 14, 2010, 11:44 am 11:44 am
Radical muslims can burn bibles and the American flag all they want. A southern pastor says hes going to burn a few Korans and the radical muslims riot and people are killed. Remembering the fact that the pastor did not burn anything. What does this say about these people….. The administration says we should show tolerance for them…. should we? I say HELL no.
Posted by: truth | September 14, 2010, 11:45 am 11:45 am
Wake up, Americans.
Liberals are not our friends.
Vote for freedom by voting Democrats OUT.
ALL OF THEM.
Posted by: Jackson D | September 14, 2010, 11:46 am 11:46 am
Does this notion mean that if Americans started assaulting and killing those who burn our flag then burning the flag would stop being free speech? Or if truthers and the “we deserved 9/11″ crowd (e.g. Rev Wright) were physically attacked every time they uttered such vile thoughts, then uttering those thoughts would no longer become free speech?
Clearly being a leftard is a mental handicap, since none of those propositions are valid.
Posted by: iconoclast | September 14, 2010, 11:47 am 11:47 am
Burning any book, like any flag, is protected free speech. This is truly terrifying to hear a Supreme Court justice say this publically.
Posted by: TheLastBrainLeft | September 14, 2010, 11:47 am 11:47 am
Big John, that’s not a list of accomplishments, it’s a list of failures.
Posted by: TheLastBrainLeft | September 14, 2010, 11:48 am 11:48 am
When a Supreme Court starts to issue un-constitutional rulings based on their activism, it’s time to stop listening to them. Would he have said the same thing about Bible burning? And how about pornography? This guy is a leftist, activist judge. And as far as the two that the illegitimate Muslim President put on the bench. We look forward to removing them.
Posted by: aprilnovember811 | September 14, 2010, 11:49 am 11:49 am
Well, I guess building the mosque is equal to yelling ‘fire’ in a crowded theater.
Posted by: Dan | September 14, 2010, 11:50 am 11:50 am
So it is not the act but how people react to it that results in something being a right….so if Conservatives start acting like muslims everytime a conservative idea or candidate is criticized then according to Byer it will soon be illegal Conservative ideas and candidates to be criticized.got it
Posted by: Lettia | September 14, 2010, 11:51 am 11:51 am
Okay Truth… I asked this before of people (and I admit I could have overlooked it–but it does smell of naysayer’s miscomprehension of actual facts… which is usually the case), …I know of flag burning but can you (or anyone else for that matter)provide me with a recent example of when the Holy Bible has been burned… by anyone?
Posted by: mytakeonthis61 | September 14, 2010, 11:53 am 11:53 am
Posted by: Big John | Sep 14, 2010 9:58:05 AM
I do not care about your college professors or who quit what and who won, answer the question, Is Burning Koran ‘Shouting Fire In A Crowded Theater?’
My answer is NO.
Posted by: JOE | September 14, 2010, 11:53 am 11:53 am
Western Socialists are ready to cast The West’s greatest gift to the modern world–constitutionally protected Free Speech–onto the fire, to appease violent Islamic extremists.
Posted by: Fahrenheit 411 | September 14, 2010, 11:55 am 11:55 am
I believe the media are the ones
that “yelled fire” not the
paster of 30 people in Fl.
So now the Supreme court will attach
our free speech rights….????
Posted by: Samson | September 14, 2010, 11:56 am 11:56 am
Does Bryer feel the same way about submerging a crucifix in urine, burning a Bible or burning the American flag? I highly doubt it, liberal cretins have no objections to insulting Americans, but insult a muslim and the leftwing groveling cowards are on their knees proclaiming their new found respect and admiration for religious tolerance.
Liberals are mental defectives; it’s no wonder this country is in the mess that it’s in.
Posted by: The Great Satan™ | September 14, 2010, 11:56 am 11:56 am
Give me a break. It’s ludicrous for a Supreme Court Justice – even a loberal justice – to even begin to equate the quran burning with the likes of shouting Fire in a Theater.
What would that make flag burning in America — similar to planting a bomb in an airplane?
Posted by: Mr.Data | September 14, 2010, 11:57 am 11:57 am
So, what is being suggested metaphorically is that for the Christian religion to start being respected, they have to become violent like Islam when some idiot desecrates their symbols. You know like when some “artist” puts urine on the Virgin Mary or puts crap on Jesus and calls it art and gets Government money to do it. Good to know.
Posted by: Jaimo | September 14, 2010, 11:58 am 11:58 am
“All of a sudden” == valid language. Look it up.
Posted by: Maurice | September 14, 2010, 12:01 pm 12:01 pm
Funny that a partisan judge from the left would be against something the ACLU should be FOR. They usually say things like “let the Klan march” or “it’s OK to burn the flag.”
Why are we suddenly not allowing the kooks to do kooky things? Is it fear? Then that’s exactly why we should allow it. Don’t let yourselves be bullied.
Posted by: Edward | September 14, 2010, 12:04 pm 12:04 pm
Thanks to liberals, radical Islam is winning the clash of civilizations. Muslims aren’t the problem, liberals are the problem.
Posted by: potvin | September 14, 2010, 12:06 pm 12:06 pm
I suppose Breyer thinks Muslims are too savage to be treated equally? What’s the difference between burning a Koran and an American flag? American’s are refined enough not to behead Muslims who burn the flag. On that basis, Muslims have to be treated with kid-gloves because they are too immature to handle free speech? How very progressive, Mr. Breyer.
Posted by: Dailydanet | September 14, 2010, 12:07 pm 12:07 pm
It’s perfectly all right to shout “Fire!” in the theater IF THE THEATER IS ON FIRE. In other words, it’s not the trampling of people caused by the shout that’s the problem, it’s the trampling of people caused by a knowingly false statement that’s the problem. Even if you merely believed the theater was on fire, you wouldn’t be wrong to shout “Fire!”
This case is completely different from that. Burning a Koran, Bible or copy of “Atlas Shrugged” is nothing but a political statement, and those are protected speech. What’s next — can’t get up and declaim for government healthcare because someone somewhere might get all bent out of shape and start a riot?
And this guy is a SC justice? God (or your deity of choice) help us all.
Posted by: JamesS | September 14, 2010, 12:10 pm 12:10 pm
As I read on twitter the other day, liberals treat the koran better than unborn babies.It’s a sad statement
Posted by: Jake | September 14, 2010, 12:11 pm 12:11 pm
Breyer’s analogy is all wrong. Shouting fire in a crowded theater is going too far because people will panic, and in their effort to get away will likely trample one another to death. There is also no reason for it — the theater is not actually on fire.
Burning the Koran, however distasteful, is a political statement. It is among the highest forms of protected speech. Moreover, the violent reaction is caused by those OFFENDED by that speech, who then run towards the speaker and try to kill him (ironically, the very knee jerk violence that is being protested in the first place). That Breyer either can’t or won’t see the difference between the two is pretty terrifying for a Supreme Court Justice. Yet somehow I suspect that if a far left anarchist burned a U.S. flag and was stomped to death by enraged conservatives, Breyer would find flag burning to be the most amazingly awesome kind of free speech ever.
Remember, these are the same liberal Justices that through the Heller and Conn. Firefighter decisions have talked themselves into the position that private citizens can’t own guns to defend themselves, AND the first responders instead sent to help them don’t even need to be competent so long as they are diverse. We are 1 vote away from living in this terrifying liberal dream world where only the state is allowed to defend you, but then it refuses to at all times.
Posted by: Tim | September 14, 2010, 12:11 pm 12:11 pm
mytakeonthis61…I can do you one better..google muslims burn Christians….google muslims decapitate 12 yearold Christian school girls on way to school, muslims burn Christian Churches, muslims hang little boys for watching world cup soccer…..want more…cause there is plenty…islam is a cult of animals pure and simple…these are NOT extremists…just your basic run of the mill muslim in a muslim majority country
Posted by: Lettia | September 14, 2010, 12:15 pm 12:15 pm
why do they allow flag and bible burning but question Quran burning?
Posted by: AtlasShrugged | September 14, 2010, 12:20 pm 12:20 pm
What this is really telling me is that anytime I am offended, and want to put an end to the thing that offends me, I should riot, kill, maim,and blow things up.
That is the logic of this argument. What a cowardly crock of crap.
Posted by: Dave | September 14, 2010, 12:21 pm 12:21 pm
Like shouting fire in a crowded theater? Why? Because someone might be offended? If I had a dollar for every time I was offended I’d be rich.
Posted by: david | September 14, 2010, 12:21 pm 12:21 pm
Did he mention that after the arguments are made the Judge has to apply the Constitution? No, he said they’re supposed to “think”. Could you imagine if this guy was around at The Founding of America? Well, you can’t speak against King George, someone might get hurt? This is what is wrong with these liberal/progressive Justices…
Posted by: Jeff NY | September 14, 2010, 12:24 pm 12:24 pm
The message from Breyer is unless Christians become violent, as the Muslims, you will not have equal rights.
There are lots of guns in Christian America.
Okay, that can be accomplished.
Time to join a militia?? I am now much more open to that concept. But I hope the militias become much more violently oriented.
“When the people fear the government there is tyranny. When the government fears the people there is liberty.”
(Samuel Adams)
Posted by: MM | September 14, 2010, 12:25 pm 12:25 pm
I’m sick of hearing about Islam. Is there anything else to talk about??
Posted by: oleironleg | September 14, 2010, 12:27 pm 12:27 pm
.
What is it that causes liberals to detest the Constitution so much?
Who can save us from Supreme Court Justices who put the KKKoran über alles?
I never thought that I would see the day that an AMERICAN Supreme Court Justice would ever hold the fascist KKKoran higher than our Constitutional rights!
The fact that he went PUBLIC with this is an open invitation to rogue lame duck session lawmakers and jihadists world-wide.
IMPLY AMAZING..
.
Posted by: Ummah Gummah | September 14, 2010, 12:36 pm 12:36 pm
When I was a kid, liberals were *for* free speech. No longer, apparently.
Posted by: DW | September 14, 2010, 12:39 pm 12:39 pm
The Koran is an inanimate object of which millions of copy’s exist… only irrational simple people get upset over burning it.
Posted by: Bob | September 14, 2010, 12:40 pm 12:40 pm
“Justice Stephen Breyer: Is Burning Koran ‘Shouting Fire In A Crowded Theater?’”
If that is going to be the deciding factor then we may as well burn our own U.S. Constitution, bend over and kiss our formally non-Shariah behinds goodbye as we have submitted to Islamic supremacy. Our Founding Fathers weep. Abraham Lincoln Weeps. Martin Luther King weeps.
Posted by: FeralCat | September 14, 2010, 12:42 pm 12:42 pm
This is asinine logic. I can’t believe the guy is actually a Supreme Court Justice.
In a crowded theater, shouting “fire” when there isn’t a fire means folks will trample over each as they succumb to their human INSTINCT to LIVE.
While he may have a point that the Internet is the new crowded theater, burning the Koran (or threatening to do so) in no way provokes an instinct in humans to save their lives and, thus, inadvertently kill others in a stampede.
No, the only law here that ought to be enforced is the one that says you may not riot or kill others just because someone has offended you.
What the heck is so difficult to understand about that.
Posted by: brent | September 14, 2010, 12:45 pm 12:45 pm
In America, a Black male, Martin Luther King, fought for equal rights for Blacks. Just imagine how far a Muslim woman equivalent of Martin Luther King who fought for equal rights for woman would get in most Muslim societies, say Saudi Arabia. She would likely be stoned to death or beheaded if she was half as persistent as Martin Luther King was.
Islam is the most retrograde force in the world. It is a absolute disgrace to mankind and an absolute abomination to womankind. Martin Luther King weeps. Abraham Lincoln weeps.
Posted by: FeralCat | September 14, 2010, 12:46 pm 12:46 pm
If burning a Koran is akin to shouting fire in a cowrded theater, doesn’t that imply that there will be a violent reaction from Muslims if the koran is burned?
Posted by: Dookiestain LaFlair | September 14, 2010, 12:48 pm 12:48 pm
Forced to choose between Shariah and Russian or Chinese authoritarianism, which would you choose? Foe me it would not even be close and I am not a woman.
Posted by: FeralCat | September 14, 2010, 12:49 pm 12:49 pm
Is passing Obamacare against the will of the people “yelling fire in a theatre”?
Is building a mosque in the name of the “to the victor go the spoils” Cordoba mosque in Spain “yelling fire in a theatre”?
Is the Federal government’s refusal to enforce the border of my state, and then suing my state for trying to do what it can to enforce our border, “yelling fire in a theatre”? Because the drug and human smuggling trade, among other crimes committed by the resulting flood of illegals, have certainly led to the murders, robberies, and rapes of the legal citizens of my state.
Is a Supreme Court judgement for a legal right to end the life of millions of embryos/babies “yelling fire in a theatre” when there are so many in our country who believe abortion is equivalent to murder?
I could go on and on. Thanks for giving us so much to think about, Brewer.
Posted by: MostlyRight | September 14, 2010, 12:50 pm 12:50 pm
I find appalling the lack of response to Islam and it’s Koran not only on the part of women in the USA but also in Europe and throughout the West. It is exactly this type of response, ignoring the obvious in the false hope that what you are seeing isn’t really happening that allowed Hitler to rise to power in Germany. I would encourage every woman to read Brigitte Gabriel’s “Because They Hate.” Perhaps if you hear the truth from a woman who has first-hand experience of how Islam and the Koran affected her and her family you will begin to see that your silence is condemning women to a fate that is horrifying and appalling. By raising your voices and standing in unison you would send a message that leaves absolutely no doubt that you disapprove of how women are treated under Islam and the Koran and Sharia law and that it will NOT be tolerated in any shape, form, or fashion here in these United States. The women of the United States can be a very powerful voice for positive change in the world but it needs to be heard. I encourage you. As not enough men will denounce Islam and the Koran and Sharia in no uncertain terms, you must do so, and maybe by doing so, you can shame them into speaking up more like real men.
Posted by: TJM | September 14, 2010, 12:50 pm 12:50 pm
Wow! The opinion has to be based on reason? How ludicrous. The opinion has to be based on the LAW!!!!!
These liberal judges are destroying this country. This is scary.
Posted by: Bill | September 14, 2010, 12:51 pm 12:51 pm
“Conservative voices are EPIC fail in everything they do except for blame. People who fail always find some way to blame”
November can’t get here quick enough! ‘Epic Fail’ will be voted out of office…0bama, the man/child, will be responsible for a major GOP victory.
Posted by: Harry | September 14, 2010, 12:53 pm 12:53 pm
Breyer…
Posted by: MostlyRight | September 14, 2010, 12:54 pm 12:54 pm
@pauly: Sorry but muslims are still about 600 years away from advancing to the 12th century.
Posted by: A Kafir | September 14, 2010, 12:55 pm 12:55 pm
“Our college professors teach our children to hate the United States and its history, they teach children that christianity is wrong they teach children to be ashamed of our country.”
BALONEY! I don’t know what college you went to (if any), but that is not what happens at the college I am at. You obviously have no clue what you are talking about.
Posted by: Jim | September 14, 2010, 12:57 pm 12:57 pm
Yes indeed, as any leftist ideologue masquerading as a jurist can tell you, the First Amendment will only shield the burning of the American flag or Christian Bibles
Posted by: Susan in NY | September 14, 2010, 12:58 pm 12:58 pm
People have every reason to dislike the quran and every right to distroy or burn it ! We are not an islamic state and I pray we never will be.
However, what is really needed is to outlaw the quran based upon hate speech and incitement laws.
It is dangerous to those who are not muslim and i’m getting sick and tired of bush and obama lying to america saying ” we are not at war with islam.” Enough bull ~ Every !@#$% day islam attacks the USA.
Posted by: johnee | September 14, 2010, 12:59 pm 12:59 pm
Islam is not nearly as much a religion as it is a sociopathology, and should be treated as such.
This moron judge does not seem to even comprehend that he has basically said that Muslims have an IQ no higher than does a fire. A fire is mindless and he thinks Muslims are mindless too.
Posted by: TJM | September 14, 2010, 1:01 pm 1:01 pm
The first five verses of Sura 9 explain 9/11 perfectly. As perfectly as Chapter 11 of the First Volume of Mein Kampf explains the Holocaust.
Posted by: AT | September 14, 2010, 1:02 pm 1:02 pm
Exactly. Finally someone has said it…it should not just be assumed that this act is a protected form of free speech. Not only is free speech limited wrt shouting fire in a crowded theater, it has been limited in times of war and for national security reasons (which applies here) AND the SCOTUS has ruled that states have the right to outlaw cross burnings, even on private land, IF the intent is to “intimidate a person or group of people” (and Justice Thomas went further in his remarks, arguing that by definition, such an act was one intended to intimidate and should never be allowed). That certainly applies here..Jones stated that his intent was to send a “warning” to Muslims. Obviously an act of intimidation. Free speech has never been absolute, nor should it be.
Posted by: Raven | September 14, 2010, 1:03 pm 1:03 pm
I don’t think Jones should have burnt the Korans. I wish he and his group had never brought it up.
But I do NOT think America needs to slide any further down that slippery slope of what is and isn’t OK to do or say.
Where would we be if the colonists had never fought against Britain?
Where would we be if Americans had never spoke out against slavery?
Where would we be if brave women had not demanded the right to vote?
Where would we be if civil rights protestors had never protested?
All of those were inflammatory. All of those caused danger and harm. But the results….were magnificent.
What is being considered is changing the very fabric of one of this country’s greatest freedoms. The right to speak out against what one believes to be wrong…….even if it’s not popular, not what the majority wants or thinks.
With each freedom we allow to be changed is the groundwork for the next change and the next and the next.
Many brave men and women since America was a British colony have fought and died to defend our freedoms. How can we dishonor their service and sacrifices because we are afraid of what others may do?
Posted by: malcat | September 14, 2010, 1:04 pm 1:04 pm
The Koran, with it’s Sharia, is an instruction manual for the extermination of all liberty and all decency and all of humanity that gets in the way
Posted by: FeralCat | September 14, 2010, 1:06 pm 1:06 pm
Justice Breyer professes a great faith in international law and believes that, as members in an international society, we should incorporate such law into our own. Nice, why don’t we just put up a friggin’ sign that says, ‘America, under New Management’. Thirty plus years of insults to this nation from Islam and this fairy thinks we’re being too harsh, the idiot. I truly fear for the species.
Posted by: david | September 14, 2010, 1:06 pm 1:06 pm
I thought that Supreme Court Justices, as with Presidents and Military Officers, swore an oath to the U.S. Constitution, not to the Koran. Silly me.
Posted by: FeralCat | September 14, 2010, 1:15 pm 1:15 pm
It once was ‘Give me liberty or give me death!’
Now: ‘Give me the right to speak, unless you are going to get mad.’
Posted by: malcat | September 14, 2010, 1:16 pm 1:16 pm
People who fail always find some way to blame somebody else.
________
Are you referring to Obama who can’t seem to quit blaming Bush for everything that is wrong even though he now has been in power almost 2 years and had control of congress for almost 4 years. By your own definition, Obama is a failure, and I agree.
Posted by: NS | September 14, 2010, 1:23 pm 1:23 pm
“SCOTUS also decided that KKK cross burnings are not protected speech,”
Uh, wrong. Perhaps you should look up the Supreme Court precedent. The Court struck down prohibitions on Cross burning in Virgina and Minnesota. And it is absurd to put forth the notion that burning a Koran is not protected speech because it offends Muslims. Yeah, so did the Muhammaed Cartoons. So do any depictions of Muhammed. Should those then be illegal. Should Islamic Jokes be made illgal? When someone burns the American flag, it offends me. But causing offense is not sufficient to outlaw it, thank God.
Posted by: Obama is Carter | September 14, 2010, 1:23 pm 1:23 pm
Thinking of that movie ‘Bruce’ or whatever it was, where God gave Bruce his powers for a while. If I was ‘Bruce’ I would turn Breyer into an Islamic woman in say Saudi Arabia, or better yet Afghanistan, and see how he likes it. What a putz!
Posted by: FeralCat | September 14, 2010, 1:24 pm 1:24 pm
Big John, so tell me, what were Obama’s grades? His SAT scores?
Affirmative Action empty suit
Posted by: JamesJ | September 14, 2010, 1:25 pm 1:25 pm
I really find it hard to believe that Christians/Catholics would turn the other cheek if say someone held a Bible Burning Day in America or somewhere in the world. It’s a holy book to them, so to see it get burned is not a nice image for them to take.
So it’s the same with the Koran. Jones may have his Free Speech, but it would have been an immoral act to burn a holy book that means so much to Muslims all over the world.
Posted by: GWP | September 14, 2010, 1:28 pm 1:28 pm
Big John: Hey, who would I prefer over Obama? ANYBODY!
You must be a … “progressive”.
Posted by: JimB | September 14, 2010, 1:35 pm 1:35 pm
Big John: Hey, who would I prefer over Obama? ANYBODY!
You must be a … “progressive”.
Posted by: JimB | September 14, 2010, 1:35 pm 1:35 pm
The judge is confused. Shouting Fire in a theatre causes people to panic FOR THEIR LIVES and try to ESCAPE. This rush for self preservation in face of eminent personal danger causes trampling. That there WAS no fire, makes the WARNING to be false and it becomes a proximate cause to the harm.
In the case of an ICON that is desecrated or destroyed, it is NOT a physical threat to anyone, it is an expression of contempt and disrespect, but no one should be EXPECTED of NORMAL intelligence or maturity to FEAR FOR THEIR LIVES if the flames are not extinguished. They are not even NEAR the fire or destruction.
This merely gives support to OUTLANDISH and UNCIVILIZED REACTIONARY violence…like blaming the JURY at the Rodney King Trial of the Policement CAUSED the damage and looting riots of Los Angeles. The RIOTS were CAUSED by the actions of OUTLANDISH and UNCIVILIZED persons who were not threatened AT ALL by the Jury verdict.
This Judge is severely confused and wrong.
While it may not be nice, neither is burning the American Flag…but doing so requires one to believe that MOST MATURE and RATIONAL AMERICANS will not take up guns or riot or kill people over the mere act of destroying our national icon.
The RISK is not the SAME as PROXIMATE CAUSE. The cause is radicalization and personalization of the act of destruction by particular zealots who are willing to commit acts of extreme violence for a mere insulting act.
The Muslims, if they are unable to contain their anger, do not deserve protection nor consideration for acts not threatening their safety or lives.
Posted by: Rufus Levin | September 14, 2010, 1:35 pm 1:35 pm
hooray…now i’m free to exercise my first amendment rights as long as someone doesn’t threaten to kill someone if i do. so, the next time someone burns a flag at a war protest, it will not be protected speech, as long as some veterans threaten to kill some people over it. the “fire in a crowded theatre” argument is a totally lame analogy here. that doctrine is about creating a panic among completely innocent people…the koran issue is about allowing the threat of violence to truncate free speech. they are completely unrelated in that the former refers to a natural survival instinct and the other to an ideological stance.
Posted by: davidfrat21 | September 14, 2010, 1:35 pm 1:35 pm
First, Holmes didn’t say you can’t shout ‘fire’ in a crowded theater. Holmes said you can’t *falsely* shout ‘fire’ in a crowded theater, which is somewhat crucial distinction, and the fact that Breyer either ignores or forgets it doesn’t speak well of his competence to evaluate the First Amendment.
Second, Holmes’s opinion in that case wasn’t a ruling that you can’t shout ‘fire’ in a crowded theater. It was a ruling that you can’t hand out pamphlets opposing the draft. So, Frankly, Holmes’s opinion on the First Amendment is utterly worthless. Is Breyer really endorsing a standard of free speech that says you can’t speak out in opposition to the draft?
Posted by: Phanatic | September 14, 2010, 1:35 pm 1:35 pm
Big John: Liberals, progressives, and Democrats will experience EPIC FAIL this Nov. Stimulus is an EPIC FAIL with unemployment at 9.6%. GM is an EPIC FAIL since sales are down a record amount since the bailout. Obamacare is an EPIC FAIL since the American people hate it and it will be repealed after Nov. Even though they have total control of Congress and the presidency they cannot pass; Cap & Tax, Amnesty for illegals and their other lousy socialist ideas. Socialism doesn’t work. “Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.” – Winston Churchill
Posted by: Joey Bag O Donuts | September 14, 2010, 1:36 pm 1:36 pm
The supreme court justice should be held accountable to the US citizens and explain himself for suggesting that we undermine our most important constitutional right: the 1st amendment. The first amendment is what most differentiates America from other countries. This justice is drawing the weakest of parallels between “causing panic in a theater, deliberately or otherwise” and “making a point by burning a Koran that most Americans simply don’t like Islam from what they’ve seen so far”. The closer parallel, is someone yelling, “This movie sucks” and having certain audience members respond to the individual with death threats. No panic is caused by saying one’s opinion, the panic is caused by the REACTION of certain “theater patrons” threatening the the individual’s life. And if we’re mistaken, so be it, we are not intentionally causing panic, in fact, we are warning other Americans about the dangerous pitfalls of this religion by bringing attention it. Until Muslims show actions to the contrary, I will continue to let the actions of Muslims speak for themselves, whether it be the continued silence of the “moderates” and their insistence that we respect their religion or the violence of the fundamentalists.
Posted by: jt | September 14, 2010, 1:36 pm 1:36 pm
Burning the Koran is equivalent to burning the American Flag from a Constitutional standpoint. Both objects represent a group of people — the American Flag equally to the Koran. It’s only when religion is factored in that the two become unequal (the American Flag is not the product of a religion). But our Constitution says that the state may not set any religion to be superior to its nonreligious counterpart. So, if the court has ruled that there is a Constitutional right of expression in a person burning their (admittedly nonreligious) American Flag in protest, then there must also be an equal right for another person to burn their religious books in protest, and that right obtains regardless of the protestations of either patriots or adherents.
Posted by: unclesmrgol | September 14, 2010, 1:38 pm 1:38 pm
Would brandishing a baton by a New Black Panther, dressed in all black military garb, outside of a voter poling place, then also be potential for inciting a riot and mayhem… Clearly the Attorney General of the US does not think so.
Justice is being extremely subjective in defining WHAT CONSTITUTES A THREAT OF DANGER and what is merely a stunt.
Maybe lawyers are overeducated with law, and undereducated with common sense.
Posted by: Rufus Levin | September 14, 2010, 1:42 pm 1:42 pm
Burning a Koran is an act demonstrating contempt, not a threat. The only ‘threat’ involved in burning a Koran comes from those supposedly offended. But I wouldn’t expect a cloth-headed fool like Breyer to make such a distinction.
Posted by: aelfheld | September 14, 2010, 1:55 pm 1:55 pm
I don’t believe that Holmes’s dictum in Schenck–dealing with a false claim of fire in a crowded theater–has any application to this situation. In this country, one does not lose the right to free speech simply because others may retaliate and commit crimes because they are offended by his speech. I know that Justice Breyer was just raising the question, not answering it. However, I find very troubling his expression of doubt about the free speech principle at stake in this situation.
Posted by: Sean | September 14, 2010, 1:57 pm 1:57 pm
There’s the flip side.
Burning a Koran might be shouting fire in a theater that’s beginning to smolder and burn. Jones is a loon, but sometimes it takes a fanatic to push you in the direction you should be going in. Jones is right. Islam is a threat to our values and way of life and we need to send the message that this will never become a society that will revere the Koran, period.
Posted by: keith byrne | September 14, 2010, 2:01 pm 2:01 pm
So if we start attacking those who burn the Bible, the Talmud, the Veda, the Upanishads, the Tao-te-ching, The Analects, Dianetics, and the American Flag will that be enough to get protected status for these activities in addition to protecting the Koran?
Posted by: jcrue | September 14, 2010, 2:06 pm 2:06 pm
No comparison to shouting fire in a theater…there would be no public panic…no danger to anyone just some people being offended by the act…the left wing bias is amazing…no comparison at all..is it wise no….is it a right yes
Posted by: phillysmart | September 14, 2010, 2:07 pm 2:07 pm
Why should we have to give up our rights because some backwoods cavement in the desert find it offensive…this is scared of the bullies plain and simple
Posted by: phillysmart | September 14, 2010, 2:09 pm 2:09 pm
No wonder why this country is screwed up…you have an idiot that can’t even engage in critical thinking judging laws on the Supreme court…did he actually compare the koran burning to shouting fire in a crowded theater? Am I the only one that does not even remotely see a connection?
Posted by: phillysmart | September 14, 2010, 2:13 pm 2:13 pm
I think good Americans all over the Country should burn a koran or a bible or any other book and post it on youtube everyweek just because we can…we can’t have our rights dictated by a violent overeacting primitive cavemen in a backward culture in the middle east
Posted by: phillysmart | September 14, 2010, 2:17 pm 2:17 pm
Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on “GMA” that “just because you have a right to do something in America does not mean it is the right thing to do.”
For Breyer, that right is not a foregone conclusion.
“It will be answered over time in a series of cases which force people to think carefully.”
**********
One liberal judge away from the 1st Amendment going away…..
Posted by: wheresmymoney | September 14, 2010, 2:28 pm 2:28 pm
Burning a koran is nothing like shouting fire in a theatre. How incredibly stupid.
Posted by: BillBernardJr | September 14, 2010, 2:29 pm 2:29 pm
I cannot believe that this silly argument continues to gain traction, especially from a Supreme Court justice!!
I hate the term “slippery slope” because so many people use it as an improper coverall when they don’t have a more-valid argument, but, in this case, such a ruling really would put us on that proverbial slippery slope. As I understand Justice Breyer and others, the argument goes like this: We can be reasonably certain that public burning of the Koran WILL result in attacks by Muslims against Americans. Thus, just like shouting “fire” in a crowded movie theater, this specific act of supposed free speech actually puts Americans in immediate, foreseeable and grave danger. Therefore, burning of a Koran is the same as shouting “fire” and can be banned.
The crucial point of this exercise is that we are NOT basing the ruling on the biological flight/fright response that would be exactly the same in random members of the human species. In other words, if you shout fire in a movie theater regardless of culture, religion, country, ethnicity, etc., etc., etc. of the individuals in that theater, anyone understanding the language will run for their lives. The response is a biological survival instinct shared by all and NOT a reasoned response by a minority group.
In the case of Koran burning, we are not talking about an innate biological response, but instead responding to threats made by a specific group of human beings of a specific religious belief with a specific axe to grind against another specific group of human beings, Americans. By this logic, I could recruit people to move to… oh, lets say Somalia for the sake of discussion… create a religious movement there whose main tenet is hatred of Rush Limbaugh or, for reasons of equal opportunity, Rachel Maddow. Such a group might just issue threats saying that we will retaliate against Americans worldwide (or, if you like, against American troops and operatives in the horn of Africa) if the U.S. continues to allow Rush Limbaugh (or Rachel Maddow) to spout their beliefs on the public airwaves. How is this any different from what we are trying to do now?? We will be creating a precedent by which, any group can stop just about any free speech they want by issuing believable threats, like militant Muslims have regarding Koran burning. Oh, and you can rest assured that, once the evil-doers have realized that they have managed to get Koran-burning banned in the United States, they will start working toward getting more and more free speech banned. The more limits they can get us to put on free speech, the closer they are to proving their point that the West is morally bankrupt and only interested in preserving the status quo.
Posted by: KobraKai7474 | September 14, 2010, 2:29 pm 2:29 pm
Zero comparison.
Fire in a theatre, is a real and present danger, if the statement is true.
There is zero real and present danger, from the burning of any book. It is symbolism, and that’s all. The fact that Islamists get violent over it, is NOT a reasonable expectation!
Posted by: Rick McDaniel | September 14, 2010, 2:43 pm 2:43 pm
I know of flag burning but can you (or anyone else for that matter)provide me with a recent example of when the Holy Bible has been burned… by anyone?
Posted by: mytakeonthis61 | Sep 14, 2010 11:53:04 AM
—-
Yes. The US Government ordered the US military in Afghanistan in 2009 to burn Bibles sent to troops (rather than sending them back to the church which had originally sent them). How’s that for consistency?
Posted by: RickZ | September 14, 2010, 2:44 pm 2:44 pm
Breyer makes a perfect example of inductive reasoning, and how it can lead to false conclusions.
Cases to briefs to argument to opinions do not equal fact nor truth.
It is like saying all cats I have seen are yellow, therefore all cats are yellow. If the truth/facts are not in the cases, then you cannot come to correct conclusion.
Sadly Breyer has made a career out of this.
Posted by: p thomas | September 14, 2010, 2:51 pm 2:51 pm
And burning the American flag or Bible doesn’t? What a freaking moron. However, it does boggle the mind that there are those who worship a god who can be so easily destroyed/devastated over the burning of paper and ink. I am grateful that my God is greater than paper and ink.
Posted by: Cindy | September 14, 2010, 2:52 pm 2:52 pm
Most excellent, this acadamian writes his book with a telling title. If only he understood the difference between a Democracy and a Representative Republic.
Posted by: Hamish | September 14, 2010, 2:59 pm 2:59 pm
You can’t yell ‘fire’ in a crowded theater because a reasonable response to fire in an enclosed space is to get the hell out a fast as possible, and trampling may result. To place the same restriction on Koran burning, for the same reason, one must conclude that murder and mayhem are reasonable responses to burning a book.
Some may argue that “predictable response,” rather than “reasonable response” should be the yardstick. If that’s the case, then any credible threat of violence trumps your First Ammendment rights.
Posted by: Jim | September 14, 2010, 3:01 pm 3:01 pm
If the pastor had only placed the Quran in a jar of urine, he could have received a grant from the National Endowment for the Humanities, been acclaimed a sensitive and prescient artist, and received the accolades of all the adoring Left. He missed his opportunity.
European countries generally limit speech and restrict that which may be offensive. Of course, often this will lead to outlawing critical speech that brings the government into disrepute, it being offensive to those who support the Govt and who can argue that the world would not be a better place without any criticism, although a bit delusional utopian. Maybe Breyer doesn’t have enough to do in his current job and he feels a need to look for new avenues for employment in permitting the S.Ct. to control the thoughts and speech of all. Controlling the world does seem to have Harvard written all over it.
Posted by: D Roberts | September 14, 2010, 3:02 pm 3:02 pm
Just an excuse to take our Constitutional freedoms away… and by the way,,,,,we are a Republic…. If we can keep it. That time is now, We must fight for our Freedoms do not just sit back, get involved in your local government you make a difference.. As these are the times that will try a man’s soul.
Posted by: Gailmarie | September 14, 2010, 3:03 pm 3:03 pm
So will flag burning now become illegal again, since it is deeply offensive and deliberately incites violence?
How about the Westboro Baptist Church picketing soldiers’ funerals – it is deliberately designed to provoke a violent response. Will that be outlawed?
How about bible burnings, which have also occured in the past
How about building a mosque at the edge of the rubble from the 9/11 attack – clearly this has provoked outcry. Or do we say that only words that provoke violence are bad, but that actions which may provoke violence are OK?
Where is the line drawn, once this Justice’s foolish reasoning is used?
Posted by: Daniel W. | September 14, 2010, 3:11 pm 3:11 pm
“People who fail always find some way to blame somebody else.”
Very humorous. Tell me again whose fault everything is? Tell me again who caused the mess that Obama daily reminds us that he ‘inherited’. Tell me again whose tax and war policies caused our current problems… or whose lax regulation in any sector was to blame… Forget? Not seeing my point?
You make that statement without acknowledging that your Messiah, on a daily basis, blames Bush for everything wrong in the world and his narcissism compels him to claim responsibility for every good thing. The oceans stopped rising yet? I forget… Since he always blames Bush, does that make him a failure? According to your metric it does. I would call him a failure for a great many other reasons, but yours is good enough… So thanks for illustrating that Obama is a failure… as are your arguments that he’s a super-duper, awesome dude that has nothing but a record of success to stand by. Why, I heard we will have world peace, perpetual motion, cold fusion, and eternal life if we just vote him into office for 4 more years… Blah.
Posted by: Joe | September 14, 2010, 3:21 pm 3:21 pm
We forget a lot of things sometimes.
We forget the Muslim deaths in the twin towers. We forget the Muslim loss of civilian life since the start of this. We forget that the Muslim world had been progressive and a major contributor to math and science and art and philosophy for hundreds of years. Muslims were considered the most accepting and hospitable hosts and lead the way in intercultural discourse–until the reins of their culture and faith were siezed by their religious right.
Things went sideways for them when radical interpretations of their faith became mainstream and their right-wing kooks took control.
Digest that for a while.
It means something to the rest of us.
Posted by: Caeli | September 14, 2010, 3:46 pm 3:46 pm
There is a difference between the panic caused by shouting fire in an enclosed theater and a riot staged by a foreign government or the hate whipped to a frenzy by a leader of a Mosque. What a stupid thought coming from a supposedly knowledgeable Supreme Court Justice.
Posted by: triper57 | September 14, 2010, 4:03 pm 4:03 pm
You know what else the Muslims want to riot over? Cartoons of Mohammed. Does Justice Breyer really want to give up our freedom of speech just because a group of poeple want to kill us for having it? Guess what – that’s what World War II was about also. Would Breyer pre-emptively surrender to the Nazis?
Posted by: Vik | September 14, 2010, 4:33 pm 4:33 pm
This is the hypocrisy of liberals. It’s way past time to raise the BS flag on them. Liberals are intolerant, racist, malcontents whose opinions mean nothing in the real world.
Posted by: Je | September 14, 2010, 6:41 pm 6:41 pm
This is disturbing logic, especially from lawyers and judges. The burning of religious or political symbols is not dangerous in itself, so not comparable to yelling “fire” and stampeding people. Because one or all decide to respond to stimulous of any kind in a violent manner (stimulous that is not violent in and of itself)is on the responder. The fact that this hyper educated but intellecutally dishonest elitist administration and the progressives that support it find it all so confusing and difficult is the problem. We have given in to the drama queens of the world.
Posted by: SunnyJ | September 14, 2010, 6:43 pm 6:43 pm
So if a women dresses too sexy and gets raped, it’s her fault for inciting the rape?
Hey look, end result is Sharia law in practice. Win/win.
Posted by: Oddjob | September 14, 2010, 7:10 pm 7:10 pm
The left begins to bare their teeth. Next up, criticizing Obama will be “yelling fire in a theater.”
Posted by: Knaws | September 14, 2010, 7:18 pm 7:18 pm
Let me see if I understand Breyer’s logic here…
If an activity is likely to provoke a violent response, it is not protected Constitutionally. Therefore, if people start attacking protestors burning U.S. flags, then burning the flag will no longer be protected.
Knowing this, Breyer was inciting violence against people burning flags, so Breyer’s speech is not Constitutionally protected. For that matter, neither is that of ABC, because they’re broadcasting Breyer.
Is that about it?
Posted by: malclave | September 14, 2010, 7:48 pm 7:48 pm
What would happen if you froze the koran, cut it up into small pieces, put the koran next to and in between playboy magazines, put the koran in water, in soup, in the oven, what would the Moslems do ? Cut off Daniel Pearl head, stone a woman, How many people would they kill ?
Posted by: Jim | September 14, 2010, 8:02 pm 8:02 pm
“Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” ~Benjamin Franklin~
Posted by: David - FL | September 14, 2010, 8:10 pm 8:10 pm
I dont need a judge to tell me my rights.
Burn it if you want.
Posted by: TC | September 14, 2010, 8:18 pm 8:18 pm
Well let’s see,don’t burn a Koran because someone,somewhere in the world ,will be offended, and will kill themselves trying to burn the american flag or effigy of the president, and maybe take down a few more standing next to them. Ok, I understand now. I get it. So, if they build a mosque on ground zero, someone in america will be offended and may possibly get hurt or killed protesting, or hurt someone next to them. It works both ways moron. Why for the love of (pick your god) does anyone really care !! Don’t you sheep get it???? This is a distraction so the politicians can get on with slipping more PORK into bills that pass in the night,that no one reads !! Wake up america, turn the idiot box off and pay attention to the real issues!!!! READ !!!!!!!!! Before it’s too late !!!!!!!!!!
Posted by: Boris | September 14, 2010, 8:58 pm 8:58 pm
Obscene pornography is protected by the first amendment. Women degraded and treated like things, twisted and used in disgusting ways for no purpose other that to satisfy sick desires is actually protected. But, when this good and decent Pastor tries to talk truth to Power, the Government, who let in droves of muslims to that we can be a beautiful mosaic dystopia, that is banned speech. Beyer is a fool and this government is a joke. Not because Obama is the president, but, because they have no idea what the constitution is truly about, like the Bible, Jewish or Christian. It is too subtle and spiritual for their dead souls to grasp.
Posted by: Thomas the Catholic | September 14, 2010, 9:13 pm 9:13 pm
“Anyone who trades liberty for security deserves neither liberty nor security” – Ben Franklin
what this judge is talking about is an international blasphemy law, which is sharia law, which muslim countries are trying to force through the UN, which the imam of the ground zero mosque has stated should be integrated in to the laws of ALL countries
this judge needs to go or the “christian world” should explode
Posted by: leciat | September 14, 2010, 9:37 pm 9:37 pm
I guess we should stop making movies then. Since there are a few crazy people who either take the message of the movie too literally or make up their own meaning and end up hurting people. The Muslim terrorist don’t need anymore excuses to attack us – they have the biggest one of all. We are not Muslims and are not ruled by Muslim law so therefore we must die.
Posted by: Mj | September 14, 2010, 9:46 pm 9:46 pm
Burning the Koran is legal.
Posted by: Galactus999 | September 14, 2010, 9:56 pm 9:56 pm
It is my opinion that Breyer is a Marxist pervert.
Posted by: Seneca264 | September 14, 2010, 9:57 pm 9:57 pm
If publishing video of a pastor burning a Koran incites riots and attacks – so you do it? Yes you have the right to publish a vidoe – but is it right to do so when you know it will cause this kind of reaction? The same arguement you use to say the pastor shouldn’t do it goes for the press.
Posted by: Doug | September 14, 2010, 10:44 pm 10:44 pm
Here comes the nanny state.
Posted by: Come November | September 14, 2010, 11:03 pm 11:03 pm
What a great vacuous mind a supreme court justice can have. To confuse the rational behavior of fleeing a burning theater to the irrational barbarous behavior of burning a packed theater because you don’t like the film is truly empty headed. According to the justice (loosely said)the whole world has become a theater and we must limit our constitution to appease the sensibilities of repressive regimes. Unbelievable!
Posted by: Mark Allen | September 14, 2010, 11:18 pm 11:18 pm
This so-called pastor is the most disgraceful and uneducated Christians on earth. He’s too stupid to realize that Muslims respect and value Christianity which is in fact the closest to its core of ethics. We Muslims view Christians as our brothers (this is show in “The Messenger”the story of the beginning of Islam). Its extremely shameful and unamerican for any of us in the US to even speak of burning a religious book of any nature of any society.
Posted by: Ab Diallo | September 14, 2010, 11:25 pm 11:25 pm
Heh. The entire basis for this discussion is flawed, because the original “shouting fire in a crowded theater” precedent was a Constitutionally incorrect ruling in the first place. After all, what part of “NO LAW” is so hard to understand about the First Amendment?
Instead, the Constitutional means of preventing people from shouting “fire” in a crowded theater is to leave it a matter of property rights and common law: If you shout “fire” in a theater (or anything the theater owner doesn’t like), the property owner is justified in throwing you out on your butt. If you actually incite a panic that results in property damage, injuries, or deaths, then you should ultimately be held accountable by a jury in a court of law. However, unless and UNTIL that actually happens, there is absolutely no Constitutional justification for limiting speech a priori.
Of course, that doesn’t mean I support burning Korans. It’s obviously a petty, childish, and hateful use of free speech…but it is still an exercise thereof. No government has any business restricting it, unless the actual act of burning causes property damage to property directly owned by that specific government (and even then, it should probably be permitted and chalked up to “tragedy of the commons”). This is not a partisan issue but a Constitutional issue…but as usual, it seems like people forget all about principles when their own “team” is in power. It’s happening under Obama, it happened under Bush, and I’m pretty sure it’s been going on for a lot longer than that.
In response to your early question cml, yes, that’s essentially what Breyer is saying. In his political hackiness and complete disregard for the Constitution, he is advocating the absurd legal concept of the “heckler’s veto.”
Also, I think Kathy had a GREAT idea in one of the first comments! You know what? How about we just make a law against absolutely anything other people do that you or I don’t like? That’s the way we roll in a free country, baby! I mean, it’s not like there’s anything inherently wrong with abject authoritarianism. All we need is a majority, and that makes any use of government coercion against our neighbors morally dandy! (Yeah, um…no, thank you.)
Posted by: Mike S | September 15, 2010, 1:36 am 1:36 am
It wasn’t the threat to burn the koran that was like shouting fire – as bad a drama that would be the shouts of reporters and so called jounalists was the incendiary shout of fire – had there been no shouting maybe a 199 people would have witnessed a bad scene but we would not have 18 deaths from riots half way around the world because of the media shouting fire.
Posted by: Belyse | September 15, 2010, 1:48 am 1:48 am
Yes, Breyer is saying that it’s ok to burn a bible because Christians are not violent and yes, he confirms, it’s ok to burn a flag because Americans do not threaten violence against those who do? But it’s not ok to burn a koran because muslims are violent? Technically Breyer confirms that religion of peace – Islam- is very produces very violent followers for some reasons. How can it be? I guess he doesn’t have the answer.
Posted by: janna | September 15, 2010, 2:48 am 2:48 am
To Ricky. If you admire so much Barak Hussein Obama, may be you can tell me how he managed to to double the national debt, which had taken more than two centuries to accumulate, in one year. Or may be you can tell him how many states in the US where Mr. Obama is president, or may be you can ask him why all records about him are sealed? Or may be you can tell us what his tsars are doing bypassing legitimate government? Or may be you can tell him that Robert Gates and Bill Gates are two different people? And tell which concentration camp liberated his grandpa if he was not in Soviet Army. Or may be you tell us how many servants Michelle has and why? I can continue with this list of questions.
You Ricky want to live blinded – it’s up to you. You’ve got your change, haven’t you?
Posted by: janna | September 15, 2010, 3:05 am 3:05 am
So you can burn the holy books of peaceful people but you cannot burn the holy books of deranged, out-of-control maniacs who may scream and riot. That’s good jurisprudence Breyer. Your an intellectual heavyweight.
Posted by: Rocco | September 15, 2010, 4:16 am 4:16 am
I am a Christian living in a Islamic country and I can tell you that they are not peaceful at all.
Everyday we are being harassed. They can do things to us and yet we are not allowed even to complain.
They can even kill Christians and get away with it – and it has happened in countries like Pakistan and Indonesia.
So America, please stand up for your right as proud Christians. Stop them from having that Ground Zero mosque or they will do to you what they have been doing to us for centuries.
Posted by: Oppressed Christian | September 15, 2010, 4:24 am 4:24 am
So Justice Breyer just stated that it is OK to burn a bible because Christians are not violent?
It is OK to burn a US flag because Americans do not threaten violence against those who do?
But it’s not ok to burn a Koran because Muslims ARE violent?
Do I have this correct?
What am I missing here folks?
Posted by: Lostonthebeltway | September 15, 2010, 7:23 am 7:23 am
“Conservative voices are EPIC fail in everything they do except for blame. People who fail always find some way to blame somebody else.”
Ricky, does this mean that you are conceding that Obama is an EPIC failure since all he’s done since he’s been in office is “blame” Bush? Just wondering if you genuinely believe that what is good for the goose is good for the gander or is this another typical liberal double standard?
Posted by: Michael | September 15, 2010, 8:23 am 8:23 am
So the lesson is that if Americans want equal protection and rights under the law, we have to trample just as many people when the Bible or flag gets burned as the Muslims do when the Koran gets burned? So everyone is equal, unless you reeeeally feel strongly about something and are willing to cause some damage… then you get special treatment. America is dead!
And who cares if the Muslims set the entire world on fire for one guy burning some paper with ink on it (that he bought). U.S. taxpayers pay a trillion $ a year to fund our military who’s soul mission is to protect OUR freedoms! It’s time that the military starts working, for US.
Posted by: Brian | September 15, 2010, 8:34 am 8:34 am
So burning the US flag is protected, burning the Bible is protected, and making a painting of Jesus out of animal dung is protected (about a decade ago, I think it was displayed in the Met). But don’t offend the crazies by burning the quran!
Well, I remembered 9/11 by burning a bunch of qurans myself, and I let my dog do some very bad things to them as well. Am I about to be arrested?
Posted by: fishhead | September 15, 2010, 8:41 am 8:41 am
So Breyer believes Radical Muslims should determine and define our constitutional rights? Because some Radical Muslims might commit violence if their sacred book is burned, we must prohibit the burning of the Koran?
Then surely Justice Breyer is aware of the fact that a few Radical Christians will kill abortion doctors when those doctors persist in killing unborn children. Will Justice Breyer be consistent and now prohibit abortions?
Posted by: tolivr | September 15, 2010, 9:01 am 9:01 am
New Rule:
All omniscient, omnipotent beings are hereto-forth DIRECTLY responsible for the protection of their representative magical tomes. That way those pesky folks who burn in private won’t be able to get away with it, and the public statement made by a deity stopping even ONE person from burning would certainly make the strongest possible statement to others.
All options are on the table, including lightning bolts & spontaneous human combustion. Lack of intervention in any way, shape, or form, implies consent.
(No quibbling over the fact that the gods of the 3 Abrahamic religions are actually the same- it confuses the feebs).
Posted by: Dr.Know | September 15, 2010, 9:06 am 9:06 am
Obama is going to far sticking up for our enemies. It disgusts me when people burn our flag and some sicko artist puts the cross upside down in a jar of urine but it doesn’t seem to bother Obama or Holder, I guess their upbringing is not like the majority of Americans.
We are definitely living temporarily in a Bizarro world where right is wrong and wrong is right.
Posted by: RodentKing | September 15, 2010, 9:39 am 9:39 am
You can yell “Fire!” in a crowded theater if the theater is indeed on fire. In fact, you have an obligation to yell “Fire!” in that case. If there’s anything worth burning, its Breyer’s law school diploma. Wouldn’t it be great that just once, a Muslim radical woudl have to go around with a bodyguard and have high level politicians tell him to stifle.
Posted by: Bobbo The Ugly Doll | September 15, 2010, 9:41 am 9:41 am
A poster on a different forum said it best, “Once you make it illegal to offend a religion, you have an official religion.” People can offend Christianity all they want. The fact that there are more Muslims who would react with violence to an act in no way limits someone’s else’s free speech. What if next they would react with violence if we didn’t stop serving pork at events with Muslims? Do we bend over on that?
It’s pure idiocy to compare this to yelling “fire” in a crowded theater. This isn’t inducing a panic, it’s making someone mad. The difference is you are completely responsible for acts when you are mad, and anyone (Christian, Muslim, etc) is responsible for their own violence afterward, not the ones doing the burning.
Posted by: Eric | September 15, 2010, 9:56 am 9:56 am
Another day that should live in infamy. We have a Supreme Court Justice who cannot comprehend a simple document limiting government powers.
I don’t agree with burning anyone’s holy book. But the minute you give an inch on the right protected by the Constitution, you flirt with a far greater danger than an extremist pastor drawing a line in the sand with extremist nuts from another faith.
Posted by: KB Day | September 15, 2010, 10:05 am 10:05 am
Muslims mass murder non muslims everyday throughout the world. This is fact and should be the reality taught and shown to the American people. Burning the quran is bad only because all people should read the quran,the hadiths and the sunna and know for themselves that islam is a very violent doctrine. It is time to tell the truth. Islam is not a religion let alone a religion of peace.
Posted by: joe | September 15, 2010, 10:38 am 10:38 am
First of all, Justice Breyer shouldn’t be commenting on issues that will likely be the subject of future court cases. Secondly, no, burning the Koran is not analogous to shouting “fire” in a crowded theater. With the latter, your speech harms people by leading them to take action based on false pretenses. When you burn a Koran, the only way your speech harms people is if those who don’t like it retaliate with violence. As Breyer certainly knows, Supreme Court precedent has long held that it will not recognize the so-called “heckler’s veto” – the ability of those offended by the speech to suppress it by threatening violent reaction if the speech is not stopped.
Posted by: bobby | September 15, 2010, 10:57 am 10:57 am
Some people claim that the First Amendment might not protect Koran burning because it is akin to shouting “fire” in a crowded theater. Of course, one big difference between screaming “fire” and burning a Koran, is that in the former case, even sane and rational people might panic and cause injuries or death, but in the latter case, only crazy people will react with murder and terror if someone burns a book.
Are we really going to change our society because someone somewhere might go totally apeshit because of our penchant for burning Korans, watching scantily clad women on TV, eating BLTs, and getting loaded on moonshine? It can’t be sensible public policy to let the least common denominator crazy in the world determine the scope of our rights.
Funny that in some people’s world, pole dancing, virtual child pornography, and Bible and flag burning is clearly protected speech, while Koran burning is on the bubble. If only Americans strapped homicide vests on, screamed “Semper Fi,” and blew themselves up in head shops in San Francisco whenever a flag was torched at a Code Pink rally, we would then have protection for Old Glory.
I am thinking about taking down the flag flying in front of my house and burning it, along with a Koran, the Book of Mormon, a copy of Dianetics, and as much other stuff that some nuts might find “sacred.” If the Nazi’s can march in Skokie, if the New York Times can publish the Pentagon Papers, a museum can show a cross in a jar of pee, and historians can call Jesus Christ a dumb carpenter with delusions of grandeur, then Koran burning must be protected. If not, we are really letting the terrorists win.
Posted by: HockingHick | September 15, 2010, 11:31 am 11:31 am
Justice Breyer is advocating the limitation of our First Amendment right by deeming the Internet a crowded theater. What a dangerous precedent, especially coming from a Justice on the Supreme Court.
Posted by: Chris | September 15, 2010, 11:34 am 11:34 am
Hey Justice Stephens! There is a FIRE!
Posted by: Catherine Crabill | September 15, 2010, 11:38 am 11:38 am
““It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”
What a crock Beyer. The 2 situations are NOT synonymous. One is exercising free speech. There are no laws against burning a book because of it’s content. The other is technically a criminal violation (misdemeanor in most states) because it is, in essence, the same as filing a false police report (perjury) or pulling a fire alarm on purpose.
Unless the average American starts LOUDLY decrying this vile movement, the liberals will keep finding ways to muzzle Christians and conservatives. It is the goal of the Marxist to shut us all up. It is the goal of Islam to overthrow our government. Fight it or lose our country to terrorists.
Posted by: Rowwdy | September 15, 2010, 11:47 am 11:47 am
We are losing our freedoms incrementally under the cloak of political correctness. From Eva Peron, excuse me, Michelle Obama telling us what we can and cannot eat to now Justice Breyer suggesting an end to the First Amendment. Unbelievable. We shouldn’t fear the terrorists as much as we should fear ourselves. The Constitution is NOT a living document!
Posted by: Chris | September 15, 2010, 11:53 am 11:53 am
I’m burning the tax code, bible, koran, and anything else I can think of…a jimmy buffet album too. To express my indiscriminate contempt for stupid.
Posted by: Jetrayk Sledog | September 15, 2010, 12:54 pm 12:54 pm
“Conservative voices are EPIC fail in everything they do except for blame.”
OK that almost made me laugh. Except for the fact that it is so sad. The fact that our current administration and liberal democrats in general cannot do ANYTHING but blame conservative Republicans has become our great national joke.
Stop projecting, stop blaming, take responsibility and actually DO something productive if you think you have all the answers.
Posted by: Julian | September 15, 2010, 1:28 pm 1:28 pm
What the 1st amendment says: “Congress shall make no law… prohibiting the free exercise thereof; or abridging the freedom of speech…”
What Justice Breyer reads: “”Congress shall make no law… prohibiting the free exercise thereof; or abridging the freedom of speech…unless it angers violent religious fascists.”
I take this to mean that if Christians start rioting when someone desecrates a Bible, then that will stop being free speech too.
Moral relativism and inequality of rights based on multiculti sophistry is what complacent cowards in Western leadership roles do in lieu of actually protecting freedom.
Posted by: AvgDude | September 15, 2010, 1:30 pm 1:30 pm
Oh ok, so, if you are a Christian, or any other religion, all you have to do is blow up civilians, riot and make threats, and then no one is allowed to criticise your ideology any longer, nor allowed to draw a cartoon of Jesus (et al)?? Wow, good precedent to set!
Idiots!
Violence gets results? Unbelievable!
Posted by: Stephanie Anderson | September 15, 2010, 1:33 pm 1:33 pm
These responses are so hilarious. It is clearly based on your political beliefs. It would be great if we weren’t stuck with team mentalities. I laugh when I see people so fiercely defend beliefs without the ability to actually see the other perspective. None of you have the power to change anything. Get used to it. If you could you wouldn’t be complaining here.
The government is too large to stop now, democracy is gone and we are left with fascism. Both parties are corrupt and take turns taking your freedom. All you have left is rants on web boards. Have fun topping the other imaginary persons posting.
Posted by: John | September 15, 2010, 1:40 pm 1:40 pm
Be careful to not measure incitement or hate speech based on the standards of the alleged victims.
By using this standard we give more more protections to the less tolerant and less protection to the more tolerant.
Also, this standard puts the limits to free speech in the hands of a select few. Once we start down this path where will we end up? Think about it.
We can’t let the reaction to speech be our standard for what should or should not be considered protection under the first amendment.
Yelling FIRE requires action. Burning a Koran, flag or bible may incite but, does not require action and therefore should be protected speech no matter how repugnant we find it.
We can always respond with our own free speech. It’s called demonstration and debate and it all must be protected!
Posted by: Mike | September 15, 2010, 2:29 pm 2:29 pm
If you can burn the US flag you can burn a Koran. Just because some uneducated nut cases living under a rock kill each other over it doesn’t mean a thing.
Posted by: Cassie | September 15, 2010, 3:54 pm 3:54 pm
Freedom of speech is dying. Like all of the rest of our freedoms. When will the cowardice end and the people stand for what is the essentials of the founding of this country!!
Posted by: Gertie | September 15, 2010, 6:02 pm 6:02 pm
Justice Breyer is a fool. Not an idiot, which is someone too inherently stupid to know better. To be a proper fool, you need to have the capacity for wisdom, but be too arrogant to recognize you lack it.
The reason it’s illegal to shout “Fire” in an empty theater, is that running (dangerously) for the exits is a rational response in that situation. It is not a rational response, when someone burns ink and paper, to become violent.
Posted by: Thomas | September 15, 2010, 6:55 pm 6:55 pm
Sir,
why is this news when it will only make things bad. Soldiers are at risk because you you writing about an individuals stupid act. i fault you for being ignorant and provoking this. i’m sure there is more interesting things that are news worthy. you are inpowering them that do dumb stuff like this when i know for a fact that someone in a city has been shot or cant get any food for thier family…
Posted by: eddie francis | September 15, 2010, 7:33 pm 7:33 pm
The “fire in a crowded theater” doctrine was never honest – it was used to put a man in prison for opposing the draft, a decision which even the Supreme Court later recognized to be unconstitutional.
But applying it here is even worse. Because if risk of terrorism trumps freedom of speech, then that means that it is not the Constitution but the terrorists who are the highest law of the land. It means that the Supreme Court justices sit on a low throne in the shadow of Osama bin Laden.
Our freedom is not a liability, but it is a shield. We should let the protesting Muslims know that here in America people are free to burn the Bible, and the American flag, and blaspheme every religion, and picket the funerals of fallen hero soldiers, and there is nothing the law can do about it. Our country has borne these indignities placidly in preparation for just such a day as today – when it is necessary to show the world that our devotion to freedom of expression should be absolute.
Posted by: Mike | September 15, 2010, 7:39 pm 7:39 pm
I’m am not so sure we as human beings are “past” that like we have evolved into some civility. History records “eras” of violence from groups supposedly espousing peace and non violence for eons. When one “plumbs the depths” of these comments and the daily news events one can easily find that fundamentally very little has changed in man’s inhumanity to mankind.”
Posted by: Carl Johnson | September 15, 2010, 7:52 pm 7:52 pm
OMG Would Justice Beyer even ban the photo-shopping some flame on-top of the Koran? What is next a comic of Allah would be banned? I wonder what Beyer will say when a nuke goes off and Muslims are responsible?
Posted by: Mitch Bupp | September 15, 2010, 9:50 pm 9:50 pm
“Conservative voices are EPIC fail in everything they do except for blame. People who fail always find some way to blame somebody else.”
Now that almost made me laugh. Except for the fact that it is so sad. Here’s the problem… Lefties are so caught up in the emotional rush of personally attacking Conservatives that they forget to actually think about what they are saying.
Our current administration is so Hell-bent on blaming the previous administration for EVERYTHING that they have become a parody of themselves. It is a big, sad joke. And even some on the left side of the fence are starting to jump on that bandwagon – because, well, it’s funny. So keeping that in mind, let’s revisit the last part of Big John’s quote, “People who fail always find some way to blame somebody else.” I have to agree that is true.
Disagree, debate, argue, be TOTALLY passionate about your views. But above all else THINK about what you say before you say it. At the end of the day we ALL want what’s best for our country. We have radically different views on how that “best” is to be achieved, but (I hope) we are working toward a common goal. But this hate-filled, intolerant, emotional ranting that Democrats preach against and yet so often participate in at the same time is not ever going to help anyone, anywhere, at any time.
Posted by: Julian | September 15, 2010, 10:08 pm 10:08 pm
burning scripture is unethical whether Muslim or Not,,, People willget angr!!! may this proff. is not huuman being or he is not believing GOD>>.
Posted by: momette | September 16, 2010, 7:48 am 7:48 am
So is Justice Breyer saying that a judicial decision is justified just because it has reasoning attached to it? He might want to look up the word “sophistry”! It also strikes me as somewhat arrogant of him to act like we can have a definitive asnwer to these questions until the court says so. Of course koran burning-stupid, insenstive, and dangerous as it may be- is free speech. Want some “legal reasoning”? If it is a constitutional right to burn the American flag(Texas v. Johnson), I don’t see why the court would or should give more deference to some law banning koran burning.
Posted by: P | September 16, 2010, 12:29 pm 12:29 pm
I don’t know what college you went to, but my college profs didn’t teach me to hate the U.S. Barack Obama was Editor of the Harvard Law Review, expert community organizer (make fun of that, it still takes skill to do), ran an expert campaign, was elected President, and got a good part of his agenda passed. Yeah, and he did it on his own without riding Daddy’s coattails. I’d say that shows a lot more real-world skills than somebody who obviously was a failure in college and blames the profs. Besides, who would you replace President Obama with? The Governor who quit after a half term? The drug-addled college dropout? The deranged blackboard artist who sobs? Conservative voices are EPIC fail in everything they do except for blame. People who fail always find some way to blame somebody else.
Big John,
What did he do as the editor? Anything you can find?
“Expert” Community Organizaer? What did he do EXPERTLY?
Didn’t even complete a term as a Senator, but qualified to be a president?
Name some accomplishments he “PROMISED” he would do?
Transparant Government……uh…yeah ok. Everything on CSPAN? Yeah ok. Health care….you will see it happening, no more hiding info….uh not so much.
GITMO still Open………
In one year trippled the national debt…..but he was all about resolving the debt….
But, enough about the POTUS.
This was about the Koran, and burning or not buring. My issue is why did the moron preacher have to even announce it if he wasn’t trying to get publicity. I could burn one in my back yard tonight, and if that makes me happy then no one would wiser.
So I think the whole thing was BS and was just an attention getter.
Posted by: Matt | September 16, 2010, 2:57 pm 2:57 pm
MYTAKEONTHIS61, you wrote:
So, it is not too hard for many of their extremists to come here and wreak havoc upon our nation! …and just as we have our naysayers here,(who are intellectually challenged) and easily swayed by instigators like the Becks, Limbaughs, Hannitys, and BabyDolls (DARN IT!!!…excuse me please), ..err Palins, so too do they have their instigators. Why give them an unnecessary reason to wreak havoc? They’re just looking for any excuse to do so!
You forgot a couple of names….Carville, Obermann, Imus, and all the rest. Don’t just hit the Conservative anf Right wingers…..Let’s be fair and call em all out.
Posted by: Matt | September 16, 2010, 3:23 pm 3:23 pm
Question: Why are you posting a misleading snapshot of what Breyer actually meant? Do you deliberately mean to create controversy where there is none? Isn’t there enough misguided and inaccurate discussion of issues around already? Do you really need to create a controversy where it is clear that Breyer is simply saying that Schenck v. United States sets one edge of the debate, and United States v. Eichman sets the other?
Posted by: Doug | September 16, 2010, 7:52 pm 7:52 pm
Threaten to kill people over burning a book…hmmm that’s a real peaceful religion.
Posted by: Dave | September 16, 2010, 9:59 pm 9:59 pm
I dont have any problem with anyone exercising there 1st amendment rights. I think people that burn books are the lowest from of scum nazis there is but there you have it. But what I do find funny is the christains saying Islam is based on violence and that the muslims commit terrible acts of violence. The pot calling the kettle black concidering that the christians murdered millions during the crusades they murdered millions during the spanish inqusition they mudered millions during the pagan witch trials in europe, they murdered millions in germany during the holocast, they attempted to commit genocide in bosnia, also the christains in the US enslaved an entire race of people and is the only country in history to ever use a atomic bomb on civilians not once but twice. The christains have no room to talk about other peoples religins being violent since the christians are responsible for more murders in the name of god than any other group in the history of the world
Posted by: Mike | September 16, 2010, 11:18 pm 11:18 pm
It is not dangerous to shout “fire” in a crowded theatre. This tired lie has been used by the left to restrict speech for far too long.
Posted by: Jeff | September 17, 2010, 9:32 am 9:32 am
Well if any god is styrong enough to punish someone that burys or burns a bible, then so be it. But, i’ll bet nobody dies if you do it. Religion is a man made entity, and you won;t die if you burn a book, and I doubt any god will risew up and kill anyone. Human kill people which is premediated murder, not god reacting. Muslims rteact over anything a cleric tells them to do, Common sense isn;t part of the muslim culture, while they murder in the name of the koran.
Posted by: tom clark | September 18, 2010, 2:46 am 2:46 am
The liberals are week and think they need to protect the Koran, for fear of islam but one day when islam takes over they will be the first ones without heads from these savages. And why do they protect the Koran but not the bible? Oh because the bible is not like the koran its not from satan which liberal love and don’t know it.
Posted by: Bud | September 21, 2010, 8:58 am 8:58 am
So the constitutionality of a controversial act hinges on how psychotic and dangerous the offended parties happen to be? Whose rights are we concerned about here?
Posted by: Mike | September 21, 2010, 10:39 am 10:39 am
But what if there really IS a fire, and someone needs to shout it out instead of simply pretending it isn’t there?
Posted by: A | September 28, 2010, 9:22 am 9:22 am
Why should Christianity be mocked? Have you no respect for other people’s faiths and beliefs? Do you have no respect for your forefathers faith and beliefs? America and Canada are based on the Christian faith and belief. God and Christian principles are the very foundation of our free and democratic nations. Our Constitutions and Charter Rights and Freedoms are based on Christian principles and morals. Should we trust some intellectual liberal-lefist or liberal-fascist with setting our morals and principles? What rubbish to trust the Marxists and fascists in the western world with our cherished freedoms. Lenin, Stalin and Hitler destroyed sense and reason in politics. Why would we want to bring back such tyrants to rule over us, let alone let Islam and the Qur’an triump because of quisling politicians with no sense or reason.
Posted by: Larry | October 4, 2010, 12:47 am 12:47 am
This is a Constitutional Republic Mr. Breyer…
Posted by: Craig Scott | November 18, 2010, 6:01 pm 6:01 pm
At this time it looks like Movable Type is the best blogging platform available right now. (from what I’ve read) Is that what you are using on your blog?
Posted by: Wireless Tire Pressure Monitor | October 13, 2011, 9:22 am 9:22 am
We are sensation privileged you just read brussels like that must be I favor on Online To argument how much of an useful fact you can find apart the very next time!
Posted by: Billie Vicenteno | December 2, 2011, 9:11 am 9:11 am