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News/Classifieds Advertising deadlines 12:00 Noon Monday Hours: Monday - Friday 8:30 a.m. - 5:30 p.m. To place your ad, email advertising@theskanner.com Free speech, religion clash over anti-Muslim film By Gillian Flaccus The Associated Press School of Law, said it’s “not unusual at all for the gov- ernment to step in and give a citizen in distress or dan- ger special protection, but it can’t be unlimited. They’re going to have to strike a bal- ance.’’ A 14-minute trailer for the film posted on YouTube sparked violence in the Middle East, including an attack in Libya in which a U.S. ambassador was killed. Nakoula, a Coptic Christian and American citizen who served federal prison time for check fraud, told The Associated Press in a short interview last week that he was involved in manage- ment and logistics for the anti-Islamic film. Federal officials, however, told the AP they have concluded he was behind the movie. Furor over the film has been widespread. Bahrain protesters used Twitter to organize demonstrations that included burning Amer- ican flags in the nation that OFFICIAL WHITE HOUSE PHOTO BY PETE SOUZA CERRITOS, Calif. (AP) — While the man behind an anti-Islam movie that ignit- ed violence across the Middle East would likely face swift punishment in his native Egypt for making the film, in America the govern- ment is in the thorny position of protecting his free speech rights and look- ing out for his safety even while condemning his mes- sage. It’s a paradox that makes little sense to those protest- ing and calling for blood. To them, the movie dialogue denigrating the Prophet Muhammad is all the evi- dence needed to pursue justice — vigilante or other- wise — against Nakoula Bassely Nakoula, an Ameri- can citizen originally from Egypt. In America, there’s noth- ing illegal about making a movie that disparages a reli- have stood guard to ensure Nazis and the Ku Klux Klan could march without being attacked for their views. But Nakoula’s case invites scrutiny because the free speech he exercised with the film “Innocence of Mus- lims’’ has had such far-reaching and violent implications. If the government were to overtly protect Nakoula, it could be seen by some as tacit approval of the film, and further enflame protests. Leaving him to fend for himself could have deadly consequences. There are examples of violence against others who have written or spoken against Muhammad. Egypt’s general prosecu- tor on Tuesday issued arrest warrants for seven expat Egyptian Coptic Christians, including Nakoula, and referred them to trial on charges of harming national unity, insulting and publicly attacking Islam and spread- President Barack Obama participates in a conference call with his national security team on the situation in the Middle East and North Africa, in Golden, Colo., Sept. 13, 2012. Brian McKeon, National Security Council Chief of Staff, is at left. gious figure. And that has the Obama administration walking a diplomatic tight rope less than two months before the election — how to express outrage over the movie’s treatment of Islam without compromising the most basic American free- dom. “The thing that makes this particularly difficult for the United States is that ... we treat what most of us would refer to as hate speech as constitutionally protected speech and Americans don’t appreciate, I think, how unusual this position seems in the rest of the world,’’ said Lawrence Rosenthal, a professor at Chapman Uni- versity’s School of Law in Orange, Calif. The situation also raises vexing questions about how far the government can and should go to protect some- one who exercises their First Amendment right. In the past, for example, police ing false information. The charges carry the death penalty. So far, the U.S. govern- ment has acknowledged offering Nakoula very limit- ed assistance. Los Angeles County sheriff’s deputies escorted Nakoula to an interview with federal pro- bation officials. They did so in the dead of night and allowed Nakoula to cover his face. And early Monday, deputies answered his fami- ly’s request for help leaving the house where they’d been holed up for five days so they could reunite with the 55-year-old filmmaker. All remain in hiding. Department spokesman Steve Whitmore stressed the agency is not providing pro- tective custody. He referred questions to federal authori- ties, who have declined to comment. Jody Armour, a professor at the University of South- ern California’s Gould hosts the U.S. Navy’s 5th Fleet. Pakistan’s conserva- tive Islamist parties sent out text messages, mosque announcements and made phone calls to bring out protest crowds, including about 1,000 people in the northwestern city of Peshawar on Sunday and hundreds who rushed the U.S. consulate in Karachi, sparking clashes with police in which one demonstrator was killed. “Yes, we understand the First Amendment and all of this stuff,’’ wrote Khalid Amayreh, a prominent Islamist commentator and blogger in Hebron on the West Bank. ``But you must also understand that the Prophet (for us) is a million times more sacred than the American Constitution.’’ In America, the govern- ment can’t even order that the video be removed from YouTube. All it can do is ask. And so far, parent com- Screen still from the film ‘Innocence of Muslims’ pany Google has declined, saying the video was within its guidelines for content. The company did restrict access to the video in cer- tain countries, including Egypt, Libya and Indonesia, the world’s most populous Muslim nation. “This can be a challenge because what’s OK in one country can be offensive elsewhere,’’ the company said in a statement. That’s precisely the point about the First Amendment, Armour said. “The reason it is a consti- tutionally protected interest is precisely because it may prove unpopular,’’ he said. “Words and images don’t just convey information, they are attached to conse- quences. That’s when we really have to ask ourselves, `What price are we willing to pay for that First Amend- ment interest?’ And these are the times that really test our convictions.’’ In 1975, former CIA agent Philip Agee published a book detailing agency oper- ations and disclosing the names of a number of CIA agents working undercover overseas, Rosenthal said. Even in that instance, the U.S. government didn’t press criminal charges but instead revoked Agee’s passport and sued him for the book’s profits. “It’s not clear that there is, ``gives the government a relatively low visibility way of prosecuting him but not technically for what he said and how inflammatory it was,’’ Armour said. “It may be a way of splitting the Nakoula’s case invites scrutiny because the free speech he exercised with the film ‘Innocence of Muslims’ has had such far-reaching and violent implications on the books today, a law that makes what (Nakoula) did a crime,’’ Rosenthal said. ``This is an extremely difficult problem.’’ Indeed, federal officials have said they are looking at Nakoula only in the context of whether he violated his probation for the fraud con- viction. Under terms of his sentence, he was banned from using computers or the Internet as part of his sen- tence. The probation issue baby.’’ Associated Press writer Brian Murphy in Dubai, United Arab Emirates, con- tributed to this report. INFORMATION & ASSISTANCE The Oregon State Bar regulates the practice of law in Oregon & provides a variety of services to its members & the public. We are looking for candidates to join our dedicated team & respond to requests for legal informa- tion & assistance from attorneys & members of the public. This is a part-time position. Please visit http://www.osbar.org/osbcenter/openings.html for job details. The salary range minimum starts at $15.10 per hour. Excellent benefits. PERS employer. Send resume with a cover letter to Director of Human Resources, Attention: RIS, Oregon State Bar, P. O. Box 231935, Tigard, OR 97281. Fax to 503-598-6985 or e- mail (MS Word format only) to hr@osbar.org. Equal Opportunity Employer. 9-19-12 September 19, 2012 The Portland Skanner Page 11
