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    January 19, 2005

    Did the Pro-Terror Protesters in Berkeley Break the Law?

    The pro-terror protesters in Berkeley chanted:

    Palestinian protesters: One, three, five, seven, all our martyrs go to heaven!
    Two, four, six, eight, we are martyrs, we can’t wait!
    One, three, five, seven, all our martyrs go to heaven!
    One, three, five, seven, all our martyrs go to heaven!
    Two, four, six, eight, we are martyrs, we can’t wait!
    Two, four, six, eight, we are martyrs, we can’t wait!
    One, three, five, seven, all our martyrs go to heaven!
    One…
    [The sound of a shofar (a Jewish musical instrument made from a ram’s horn played during religious ceremonies) blown by a pro-Israel protester drowns out much of the rest of the chanting.]
    Two, four, six, eight, we are martyrs, we can’t wait!
    Allahu Ackbar!
    Allahu Ackbar!
    Allahu Ackbar!

    [.....]

    Man: If you are afraid to die, GET OUT! If you are afraid to die, GET OUT! GET OUT!
    Masked Boy: Go back to Germany! Back!
    Woman: Allahu Ackbar! Allahu Ackbar!
    Boy Without Mask: Go back to Europe.
    Woman: (phrases in Arabic)
    Boy #3: Allahu Ackbar!
    Man: I’m gonna send you [unintelligible]. You are weak! You are cowards! That’s what you’re all about. Get out if you’re afraid to die. We love to die because we—

    The U.S. Supreme Court has held that true threats may be banned by the states:

    ...the First Amendment also permits a State to ban a true threat.

    True threats encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker need not actually intend to carry out the threat. Rather, a prohibition on true threats protect[s] individuals from the fear of violence and from the disruption that fear engenders, in addition to protecting people from the possibility that the threatened violence will occur. Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death.

    What is terrorism if not a threat to commit an act of unlawful violence? Is a pro-terror protest not in and of itself a true threat?

    Additionally, is it true that the specific chants and statements made by these pro-terror protesters constitute true threats?


    Enter Your Comments Here:

    Your comments are welcome. Abusive remarks and trolls may be deleted. Opinions expressed do not necessarily reflect the views of The Big Picture.

    .(JavaScript must be enabled to view this email address)   on  01/19/05  at  07:31 PM   United States  #1

    Firstly, it is a sad testament to the lack of maturity in our worldwide society that groups persist in behaving like this. Have we come such a small distance out of the cave that people think chanting "Death to (another group)" is appropriate behavior for the street corner.

    I'm ashamed to share a species with such people.

    What is so funny about peace, love and understanding? (Thanks, Elvis)

    I'd also like to hear if this kind of street gathering does constitute a true threat.

    Any attorneys able to comment of the Supreme Court ruling?





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