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Re: First Amendment Right
As for the case itself, IMHO, it is one in which all should be embarrassed. The atheist's choice was in poor taste regardless of who was insulted. I don't care if you're an atheist or "religiously inclined", blatantly insulting the beliefs of others, with the intent to mock them, is simply wrong. Not criminal, not illegal, but wrong nonetheless - "do unto others as you would have them do unto you" is a cornerstone of secular Confucian thought as well as Christian.
The muslim should not have engaged the atheist in any way other than use his own rights of free speech. I may not agree with what you say, but I will defend to the death your right to say it.
The judge should have simply ruled and shut up. His commentary is not the law. When judges opine about their personal take on things - as in this case - it almost always muddies the issue.
As to the decision, and as I understand it, the Judge's ruling was that it was one guy's word against another. I didn't see any assault on the video and my understanding (b/c I have not listened to the entire case) is that the police officer did not actually observe the altercation and was merely relaying that which was told to him (admittedly, I may be wrong about this). Would I have ruled differently? maybe, but the decision - based on what I have seen and read - is not so beyond the pale as to be anything other than one of hundreds (thousands even) of judgments made every day that different people will reasonably disagree on.
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