What do Mark Steyn and Michael Savage in common -- I mean, besides their initials? Both are tangled in separate -- but important -- First Amendment showdowns.
In Savage's case, the Council on American-Islamic Relations (CAIR) organized an advertising boycott against the conservative talk show host. While the boycott has had limited success, Savage decided to aggressively countersue, initially alleging copyright infringement by CAIR.
His recently amended lawsuit goes much further, asserting that CAIR "has consistently sought to silence opponents of violent terror through economic blackmail, frivolous but costly lawsuits, threats of lawsuits and abuses of the legal system." The suit also charges CAIR with using extortion, threats, abuse of the court system, and obtaining money via interstate commerce under false and fraudulent circumstances, describing it as a "political vehicle of international terrorism" and also linking the group with support of al-Qaida.
The suit notes that the federal government recently named CAIR as an unindicted co-conspirator in an alleged scheme to funnel $12 million to the terror group Hamas. Specifically, the suit includes the following claims:
* "CAIR is not a civil rights organization and it never has been. … CAIR was and is a political organization that advocates a specific political agenda on behalf of foreign interests."
* "The copyright infringement was done to raise funds for CAIR so that it could perpetuate and continue to perform its role in the RICO conspiracy set forth in Count Two and to disseminate propaganda on behalf of foreign interests that are opposed to the continued existence of the United States of America as a free nation."
* "CAIR would have to register as a foreign agent if their activities were not hidden under the false claim that they are a civil rights organization that enjoys tax-exempt status."
* "CAIR was tied to terror from the day it was formed. The group was incorporated on or about 1994 by Omar Ahmad and Nihad Awad. Both men were officers of a terror organization known as the 'Islamic Association of Palestine.'"
* "CAIR's parent group, IAP, was founded in or about 1982 by Musa Abu Marzook. Marzook was IAP's ideological leader and controlling director from the date of its founding until shortly after his deportation from the United States in 1997. At all time relevant, Marzook was an operative of, and/or affiliated with, the 'Harakat al-Muqawamah al-Islamiyyah,' or 'Hamas.' Hamas is an international terrorist organization."
* ...In 1998, "CAIR denied bin Laden's responsibility for the two al-Qaida bombings of American embassies in Africa. CAIR's leader Ibrahim Hooper claimed the bombings resulted from 'misunderstandings on both sides.'"
* ..."On October 5, 2001, just weeks after 9/11, CAIR's New York office sent a letter to The New York Times arguing that the paper had misidentified three of the hijackers and suggesting that the attacks may have been committed by people who were impersonating Arab Muslims."
* ..."CAIR further exploited 9/11 as it put on its website a picture of the World Trade Center in flames and below it a call for donations that was linked to the Holy Land Foundation website." The Holy Land Foundation, the suit charges, is "a terror organization."
* "CAIR receives significant international funding. For example, in 1999 the Islamic Development Bank gave a $250,000 grant to CAIR to purchase land for a national headquarters. In 2002, the World Association for Muslim Youth, a Saudi government-funded organization, financed distributing books on Islam free of charge and an advertising campaign in American publications. This included a quarter page in USA Today each Friday, for a year, estimated to cost $1.04 million. In 2003, Saudi Prince Alwaleed bin Talal donated $500,000 to distribute the Koran and other books about Islam in the United States. In 2005, CAIR's Washington branch received a donation of $1,366,466 from a Saudi Arabian named Adnan Bogary. In 2006, Sheikh Hamdan bin Rashid Al Maktoum, deputy ruler of Dubai and UAE minister of finance and industry, financed the building of a property in the U.S. to serve as an endowment for the organization. This gift is thought to generate income of approximately $3 million a year."
* ..."The Council on American-Islamic Relations is a Muslim Brotherhood front organization. It works in the United States as a lobby against radio, television and print media journalists who dare to produce anything about Islam that is at variance with their fundamental agenda."
* "CAIR has links to both Hamas and the Muslim Brotherhood. Terrorism expert Steven Emerson has stated before Congress that CAIR is a front for Hamas."
Savage's case also cites another ongoing suit against CAIR filed by the estate of John P. O'Neill, the former head of security for the World Trade Center. It alleges a RICO conspiracy involving CAIR led to the 9/11 attack.
"Throughout this period," the Savage suit alleges, "CAIR conspired to support terrorism and to obfuscate the roles of the various participants and conspirators in Radical Muslim Terrorism, and/or al-Qaida and/or the International Islamic Front for the Jihad Against Jews and Crusaders, which... culminated in the 9/11 attack..."
Well-known columnist and commentator Mark Steyn also has a free-speech challenge.
He has been summoned to appear before two Canadian judicial panels for his bestselling book America Alone. The book's central assertion is that Western nations are slowly become subject to Islamic law (Sharia) and therefore individual liberties are increasingly under attack. That Steyn has to appear before judges in Canada may, in fact, validate his position entirely. Two weeks ago, the New York Post opined:
Steyn, who won the 2006 Eric Breindel Journalism Award (co-sponsored by The Post and its parent, News Corp), writes for dozens of publications on several continents. After the Canadian general-interest magazine Maclean's reprinted a chapter from the book, five Muslim law-school students, acting through the auspices of the Canadian Islamic Congress, demanded that the magazine be punished for spreading “hatred and contempt" for Muslims.
The plaintiffs allege that Maclean's advocated, among other things, the notion that Islamic culture is incompatible with Canada's liberalized, Western civilization. They insist such a notion is untrue and, in effect, want opinions like that banned from publication.
Two separate panels, the British Columbia Human Rights Tribunal and the Canadian Human Rights Commission, have agreed to hear the case. These bodies are empowered to hear and rule on cases of purported “hate speech."
Of course, a ban on opinions - even disagreeable ones - is the very antithesis of the Western tradition of free speech and freedom of the press... Indeed, this whole process of dragging Steyn and the magazine before two separate human-rights bodies for the “crime" of expressing an opinion is a good illustration of precisely what he was talking about.
...Since 9/11, Americans have been alert to the threat of terror from radical Islamists. But there's been all too little concern for a creeping accommodation of radical Islamist tenets, like curbs on critical opinions...
The obvious irony of this situation must have escaped the brilliant Canadian judicial experts who decided to allow this exercise in political correctness to proceed. Silencing controversial opinion is a decidedly anti-Western practice. That Canada would allow this case to be heard appears to be ample proof of Steyn's contention. And Savage's lawsuit may offer additional fuel to an already fiery discussion.
: For more information regarding the U.S. Government's case against the Holy Land Foundation, see the Dallas Morning News. Atlas has more details on the Savage lawsuit. Hat tips: Pookie and Larwyn.
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