The six-man, six-woman jury found the students guilty on all counts of misdemeanor disturbing a public meeting and conspiracy in connection with the Feb. 8, 2010, talk by Michael Oren, the Israeli ambassador to the United States.
The "intent of the conspiracy was to rob the speaker of his free speech rights," Wagner told jurors, adding that a planned Q&A would have given students ample opportunity to have their say, not yelling out "something non-responsive that violates the rules we all live with."
A number of commentators on this case, including the UCI Law school's own dean, thought that the case against these Muslim students was a waste of time. It's only a misdemeanor! Why bother?
I am reminded of a time in court when I heard an attorney that something missing from his pleadings was not a big deal, because it is "just procedural." The judge as not impressed. "Well, counsel, why did the legislature bother, then, to draft these rules if they can be abrogated by saying that they are 'just procedural?'"
I am also reminded of the Broken Window theroy in criminology. Supported by empirical data, it was proposed by two sociologists in a 1982 article. The theory posits that once vandals break one window in an abandoned building nd it remains unfixed . . . so too do other vandals now continue to break the rest of the windows. And then taggers get a hold of it. And then the building is occupied by squatters. And then fires are set purposely. And the vandalism escalates.
The crime of these young Muslims is not great - but why let it blossom? The University of California provided a forum outside the venue just before the lecture to allow dissent to be heard. The Muslim Student Union did not want that. Instead they conspired and shut down the speaker through a "heckler's veto."
Why bother? Because all of us are required to live by rules. The rights afforded by the Constitution are not absolute. Conduct can be regulated. And if regulations are codifed, they are there for a reason. If you don't like it, your recourse lies in the ballot box, not at your whim during the lecture of soemone with whom you are at an ideological difference.
The Muslim students broke a window. And today a jury fixed it. Bravo.
3 comments:
"UCI Law school's own dean, thought that the case against these Muslim students was a waste of time. It's only a misdemeanor! Why bother?"
Yes, it was a waste of time which was caused by the defendants requesting a jury trial.
Amen, my friend! Than you for blogging about this. I love the points you made about its significance and why it is, indeed, a big deal to acknowledge this and not ignore such things.
Thank G-d for the Christians (especially my very favorite Catholic, you) as they are doing the heavy lifting on behalf of Jews and Israel. May G-d continue to bless you and your fabulous family.
UCI needs to have bat day...or night.
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