Doc's Talk: Maine Fines Group for ‘Inflammatory Anti-Muslim Message’

Friday, June 26, 2009

Maine Fines Group for ‘Inflammatory Anti-Muslim Message’

Patrick Poole On June 25, 2009

An organization in the national spotlight recently for producing a documentary identifying several dozen potential terrorist training compounds in the U.S. has offended the sensibilities of Maine bureaucrats, who have fined the organization $4,000, alleging among other things that the group sent out mailings containing an “inflammatory anti-Muslim message.”
The group in question, the Christian Action Network (CAN), received notice of the fines and the fundraising ban in a May 6 letter from Elaine Thibodeau of the State of Maine’s [1] Department of Professional and Financial Regulation. Enclosed in the letter was a prepared consent agreement for CAN to sign agreeing to all of the state’s allegations, waiving all rights to appeal, and agreeing to pay the $4,000 fine. As part of the consent agreement, CAN is required to agree to all of the state’s allegations, including their assertion that their mailing amounted to hate speech.

“These bogus charges and fines the State of Maine has imposed are nothing but an attempt to stifle our free speech and silence our organization from speaking out about the steady creep of radical Islam in America,” CAN president Martin Mawyer told Pajamas Media. “We fully intend to appeal the state’s penalties because if they successfully silence us here, we will quickly find that we won’t be able to speak out anywhere.”

CAN was in the news earlier this year following the release of their documentary, [2] Homegrown Jihad, which details dozens of compounds across the U.S. operated by Pakistani Sheikh Mubarak Gilani, who has previously been identified in State Department reports as a terrorist leader, and his group, [3] Jamaat al-Fuqra. The documentary looks into the past terrorist acts of the group in the U.S., including the assassination of two moderate Muslim leaders, the firebombing of non-Muslim religious facilities, and an [4] investigation by Colorado authorities that led to convictions and lengthy prison sentences. These activities have been covered in several FBI domestic terrorism reports and a more recent [5] assessment by the Center for Policing Terrorism. Other prominent convicted terrorists, including “shoe-bomber” Richard Reid, D.C. Beltway sniper John Allen Muhammad, and NYC landmarks bomb plotter Clement Rodney Hampton-El, have been identified as former members.

But what has Maine bureaucrats roiling is a fundraising mailing sent by CAN (a copy of which was provided to Pajamas Media) regarding a public school curriculum used in California requiring students to pray to Allah, dress up as Muslims, adopt Muslim names, and learn the five pillars of Islam. Since Christians and Jews are not given similar accommodations, CAN encouraged their supporters to send a petition to Maine Gov. John Baldacci asking him to prevent such instruction in Maine public schools.

Among the stated allegations in Thibodeau’s letter and the consent agreement is that this amounted to hate speech, claiming:

5. The correspondence contained an inflammatory anti-Muslim message.

In two separate rounds of correspondence with Thibodeau, I inquired what basis the state used to determine that the mailing was “inflammatory,” but she refused to address that question on both occasions.

In addition to running afoul of ideological sensibilities of Maine state employees, Thibodeau makes two regulatory claims that prompted the $4,000 in fines. The first claim made by the state is that CAN was not properly registered when the mailings were sent. The second is that CAN used Maine Gov. John Baldacci’s name without his permission.

CAN responds that they made all efforts to comply with state law and promptly provided additional information requested by Thibodeau’s office. And they provided Pajamas Media with documentation that seems to flatly contradict the State of Maine’s allegations. While Thibodeau’s letter claims that CAN’s charitable solicitation license expired in November 2007, CAN produced copies of canceled checks cashed by the Maine state treasurer that accompanied their 2008 renewal and registration.

Nothing in what the state has sent to CAN indicates that 2008 registration was in any way defective (or even mentions it), which creates problems for the state’s position, for if the previous year’s registration was in order, and CAN claims to have received nothing to indicate otherwise, their fundraising mailing would have fallen within the 90-day renewal period when the mailing was sent. The state’s claim that their 2009 registration was out of order and that they were fundraising without a license would therefore be moot as the mailing was sent prior to the renewal period’s expiration.

In support of their position that CAN was not properly registered this past April, Thibodeau’s office claims that several pages of CAN’s annual audit were not properly transmitted with their application and notified them of the error by email on April 6. Her letter acknowledges that they received the missing pages on April 21, postmarked on April 13. This constitutes the grounds for the state’s $1,000 fine. Thibodeau confirmed that the state doesn’t send out any official notice that an organization’s application has been approved.

“They have created a black box registration process where if they don’t like what you’re saying, they will go back through your application and determine that your application wasn’t correct, and suddenly you’re violating the law,” Mawyer said. “That’s what we believe has happened in this case.”

Perhaps more troubling for free speech advocates is the state’s claim that CAN needed the governor’s permission in order to use his name on the petition that the group urged supporters to send to him:

8. Governor John Baldacci did not give written consent, or any other consent, to the Christian Action Network to use his name for the purpose of soliciting contributions.

This was the stated basis for assessing the heavier $3,000 fine. Thibodeau’s letter and the consent agreement also allege that the use of Baldacci’s name was intended to suggest his endorsement of CAN. But Mawyer notes that the U.S. Postal Service examines all of their fundraising solicitations, including looking for any implied endorsements, before they are mailed.

“It would be a violation of federal law for us to make any false representation concerning any endorsements, which is one reason why we submit all of our fundraising letters to the Post Office for their approval prior to anything being sent out under our non-profit mailing permit, as was the case with this fundraising package,” Mawyer said. “We have had the Post Office reject packages in the past, and we have rewritten them to get their go-ahead. Now Maine is telling us in essence that even if we get federal approval beforehand, the state retains the right to reject their interpretation and impose their own standard if they disagree with the content of your mailing.”

It is particularly telling that while the state claims that CAN implied the governor’s endorsement, they did not assess any fines based on this allegation, perhaps with the problem of the Postal Service’s prior approval of the CAN mailing in view. But the free speech chilling effect from Maine could be enormous as their interpretation of state law could virtually outlaw any issue mentioning government officials without obtaining their prior written consent. As Mawyer observes, “Imagine not being able to criticize a public official without their express written permission or without any reference to them whatsoever.”

One important outstanding issue following the rounds of correspondence between Pajamas Media and Thibodeau concerns a public complaint received by her office about the content of CAN’s mailing cited in her May 6 letter. Her letter gives specific dates on all other matters except this one. Mawyer’s concern is that the complaint may have not only preceded the state’s notification of the missing pages to the application, but also their decision to consider CAN’s solicitation license invalid. I specifically asked twice on what date the complaint was received and Thibodeau refused to address the question both times.

“There’s little doubt that our documentary on Islamic terrorist camps operating inside the U.S. and our statements of concern about the spread of radical Islam is at the heart of the state’s actions. And we can’t help but conclude based on the available evidence that if we were ACORN, or any other group advocating some left-wing cause, they would be using a less-than-rigorous scrutiny in their interpretation of the law,” Mawyer said. “Would they ever dare consider applying these standards to CAIR [the Council on American-Islamic Relations]?”

CAN is appealing the fines issued by the State of Maine and is also considering a lawsuit to prevent bureaucrats from using rulings after the fact to go after charitable organizations running afoul of political correctness. If Maine were to prevail in this case, they fear that it would not only be used by groups like CAIR to attempt to discredit CAN’s investigative work, but also be an invitation for Maine and other states to use bureaucratic interpretations to go after other organizations making similar “inflammatory anti-Muslim messages.”

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Article printed from Pajamas Media: http://pajamasmedia.com

URL to article: http://pajamasmedia.com/blog/maine-fines-group-for-inflammatory-anti-muslim-message/

URLs in this post:
[1] Department of Professional and Financial Regulation: http://www.maine.gov/pfr/index.shtml
[2] Homegrown Jihad: http://www.christianaction.org/store/comersus_viewItem.asp?idProduct=13
[3] Jamaat al-Fuqra: http://www.satp.org/satporgtp/countries/pakistan/terroristoutfits/jamaat-ul-fuqra.htm
[4] investigation: http://www.ago.state.co.us/pr/121001_link.cfm.html

Thanks to Joyce C

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

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