Muslim Voice October 2011

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AMERICAN-MUSLIMS COMMUNITY NEWSPAPER

Monthly Newspaper

Vol.17 Issue No.181

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October 2011 Shawwal / Dhul-Qadah

1432H

See Details page 16

The Irvine 11: Disturbing Free Speech New America Media Shirin Sadeghi ‘The times they are a changing.’ The year 1964 witnessed the launching of a momentous student movement for free speech that to this day is still associated with the university – Berkeley -- that gave birth to it. Flash forward to February 2010 and the University of California is again at the center of the free speech debate – this time at Irvine. On February 8, 2010, at a university-sponsored, on-campus speech by current Israeli Ambassador to the United States Michael Oren, 11 UC Irvine and UC Riverside students rose up in turn to speak out against Israel’s wars in Gaza and its treatment of Palestinians. Unlike their Berkeley predecessors, the Irvine 11, as they are now known, did not number in the thousands, nor did they refuse to cooperate with university authorities. Rather, they chose to practice their constitutionally guaranteed right to express themselves in a public forum. A court last week found 10 members of the group guilty on two misdemeanor counts each of disturbing a meeting and conspiring to disturb a meeting.

Conspirators of Free Speech “The defendants in this case conspired to shut down another person’s ability to speak,” says Susan Kang Schroeder, chief of staff of the Orange County District Attorney’s (OCDA) Office, and authorized spokesperson for District Attorney Tony Rackauckas, who headed the prosecution of the students. Kang Schroeder, a Korean-American who is the wife of former California GOP chairman and current OCDA political adviser Mike Schroeder, says that when the 11 students chose to speak up against Oren, “their conduct was criminal.” The 10 students on trial (one student negotiated a plea bargain in July) -- Mohamed Mohy-Eldeen Abdelgany, 24; Khalid Bahgat Akari, 19; Aslam Abbasi Akhtar, 24; Joseph Tamim Haider, 23; Taher Mutaz Herzallah, 21; Shaheen Waleed Nassar, 21; Mohammad Uns Qureashi, 19; Ali Mohammad Sayeed, 24; Osama Ahmen Shabaik, 22; and Asaad Mohamedidris Traina, 20 -- and their lawyers disagree. “We believe that these students acted in a way that was

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Israeli military action against Gaza escalated in 2006 and 2007, leading to the December 2008 and January 2009 conflict known as the Gaza War, in which an estimated 1,100 to 1,500 Palestinians were killed in a three-week period. A United Nations Gaza Fact Finding Mission later condemned Israel for using “disproportionate force” against the civilian population. The student protest, organized by the Muslim Student Union, Riverside Chapter, was, according to the students, an attempt to draw attention to those events, not to prevent anyone’s free speech. In fact, according to Salahi, Oren completed his speech ahead of his planned departure time of 7 pm (according to court documents) and voluntarily left just after a mass walkout occurred at approximately 6:47 PM in order to make his way to a Los Angeles Lakers game. But according to Section 403 of the California Penal Code (CPC), “Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character… is guilty of a misdemeanor.” Where the distinction lies, however, between legitimate protest and willful disturbance remains unclear to all but the most lawyerly of eyes. “We don’t believe that the law is constitutional,” Salahi Continued on page 7

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customary and in a way that students have traditionally acted historically,” says Reem Salahi, a lead defense attorney in the case. “The intention of the protest was far from shutting the speaker down but was rather a means of sending a message to this individual and expressing their dissent about the individual and the policies his state engages in, particularly in that time in history following the Gaza assault.”

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Ignorance is Bliss

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The Importance of Understanding Riba

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