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No, pasting over anti-Islam ads with images of ‘Ms. Marvel’ isn’t free speech
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/30/no-pasting-over-anti-islam-ads-with-images-of-ms-marvel-isnt-free-speech/ ^ | Eugene Volokh

Posted on 01/31/2015 12:03:02 PM PST by Rummyfan

A group that is sharply critical of Islam recently bought space for anti-Islam ads on San Francisco buses. San Francisco had a First Amendment obligation to allow such ads; as a court recently held, once a city opens up a bus advertising program, it may not reject such ads based on their anti-Islam viewpoint.

But earlier this week, some people pasted over parts of the ads with a picture of Ms. Marvel, a Muslim American superhero recently introduced by Marvel Entertainment, and with stickers bearing various messages, including “Free Speech Isn’t a License to Spread Hate.” Is this action itself constitutionally protected free speech, as some have suggested?

No — just as it wouldn’t be protected free speech to take a pro-religious-tolerance advertisement (or a mosque advertisement) and paste anti-Islam messages over it. People have no right to just attach their own messages to city vehicles. Indeed, attaching messages that write over lawfully purchased advertising messages likely qualifies as “[d]amag[ing]” another’s property, or as “[d]efac[ing]” it by “mark[ing]” over it. (Attaching stickers is considered “mark[ing]” property, and marking is considered defacing even if it’s easy to remove. The statute I cite requires that the defacing or damaging be done “maliciously,” but that would likely be understood here as simply requiring that the defacing or damaging was done intentionally, rather than by accident.)

(Excerpt) Read more at washingtonpost.com ...


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To: Rummyfan
“Free Speech Isn’t a License to Spread Hate.”

Let love be without dissimulation. Hating that which is evil, cleaving to that which is good. Romans 12:9

Put more simply.

If you love God you must hate evil.

21 posted on 01/31/2015 12:22:16 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Personal Responsibility
Ms marvel has been around a long time. Marvel recently changed a few characters to different races / sexes. They’ll change them back eventually. It’s just a marketing ploy.

I wouldn't be so sure about that. To do so would bring cries of (fill-in-the-blank)ism from the P.C. gestapo. Today's comics are chock full of P.C. crap; thank God for back issues. To me, this will forever be Ms. Marvel:


22 posted on 01/31/2015 12:22:18 PM PST by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: Rummyfan

Doesn't look halal to me!

23 posted on 01/31/2015 12:23:22 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: Rummyfan
...Ms. Marvel, a Muslim American superhero...

Th-th-th-that's bullshit!

24 posted on 01/31/2015 12:24:30 PM PST by Ken H (What happens on the internet, stays on the internet.)
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To: gorush

Apparently that never happened: http://www.snopes.com/politics/quotes/bechtol.asp


25 posted on 01/31/2015 12:35:27 PM PST by vladimir998
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To: Bogey78O

But was she married when she was 6, and circumcised painfully?


26 posted on 01/31/2015 12:38:41 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: gorush

Man, that is a bitchin’ suit!


27 posted on 01/31/2015 12:42:06 PM PST by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: SWAMPSNIPER

“Doesn’t look halal to me! “

But I’d eat it anyway.


28 posted on 01/31/2015 12:45:16 PM PST by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: Rummyfan

They are free to purchase their own ads, which they have done. Vandalism is just a minor symptom. Islam encourages this anti-civilized behavior because it cannot handle the truth. Militant lying and murder is an inherent part of it. It cannot be reformed, it must be defeated and , God willing , destroyed.

29 posted on 01/31/2015 12:58:14 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: Fred Hayek

LOL - I would bet against it... anyone know for sure?


30 posted on 01/31/2015 1:00:26 PM PST by GOPJ (Democracy is getting people to agree with you. Communism is making people afraid to disagree.)
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To: Rummyfan
 photo MS Marvel_zpswegrb1su.jpg
31 posted on 01/31/2015 1:09:27 PM PST by preacher (I am not a global warming hoax denier.)
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To: Slings and Arrows

“The right to swing one’s fist ends at the point of another persons nose’’.- Ben Franklin. No fan of Islam am I but either the bus company should not have taken the money for carrying the ads or the people who bought the ad space should have made it clear to the bus company what they intended to do. Somebody screwed up here.


32 posted on 01/31/2015 1:20:02 PM PST by jmacusa (Liberalism defined: When mom and dad go away for the weekend and the kids are in charge.)
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To: gorush

http://www.snopes.com/politics/quotes/bechtol.asp


33 posted on 01/31/2015 1:22:55 PM PST by E. Pluribus Unum (Government is the religion of the fascists.)
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To: E. Pluribus Unum

Nuts!


34 posted on 01/31/2015 1:24:13 PM PST by gorush (History repeats itself because human nature is static)
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To: SWAMPSNIPER
That can't possibly be comfortable.
35 posted on 01/31/2015 1:51:18 PM PST by JoeFromSidney (Book RESISTANCE TO TYRANNY, available from Amazon.)
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To: SWAMPSNIPER

Islamic dental floss?


36 posted on 01/31/2015 1:52:29 PM PST by july4thfreedomfoundation (Everytime the cash register rings in a gun store, a Founding Father gets his wings.)
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To: gorush

I do not think anybody else could pull off that suit. Just wow! I am just amazed...and I can not figure out if it is because he can pull it off or because he would even try.


37 posted on 01/31/2015 2:23:24 PM PST by Lady Heron
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To: jmacusa

“... the people who bought the ad space should have made it clear to the bus company what they intended to do”

Not sure what your point is.

How do you know they didn’t? From the article:

“A group that is sharply critical of Islam recently bought space for anti-Islam ads on San Francisco buses. San Francisco had a First Amendment obligation to allow such ads; as a court recently held, once a city opens up a bus advertising program, it may not reject such ads based on their anti-Islam viewpoint.”


38 posted on 01/31/2015 3:08:57 PM PST by philoginist
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