September 9, 2010 6:00 PM

Quran Burning Legal? Protest Possibly Protected

By
Jan Crawford
(CBS)  In Florida Wednesday, the Rev. Terry Jones heard the complaints - the outrage - from church groups, the military and world leaders against his plans to burn the Quran Saturday, the ninth anniversary of the Sept. 11 terror attacks.

Still, Jones insisted he will go ahead as planned outside his small church in Gainesville.

But with such officials as Gen. David Petraeus, the U.S. commander in Afghanistan, Secretary of State Hillary Clinton and Gainesville Mayor Craig Lowe opposing Jones' protest, does the government have the power to stop him?

CBS News Chief Legal Correspondent Jan Crawford reports the city's ordnance that requires a permit to burn trash outdoors could conceivably limit burning books outdoors. But that law has to be evenly applied. Otherwise as long as those are his Qurans on his property, the government can't stop him.

Complete Coverage: 9/11 Nine Years Later

Under the First Amendment, Jones has a constitutional right to protest and express his ideas, even ones that the government thinks are dangerous or unpatriotic.

That's why the Supreme Court struck down a law banning flag burning. In that case, the court said prohibiting people from mutilating the American flag was an illegal attempt to restrain speech.

If this act incites violence against Muslims, that could make it a different case. The Constitution only allows a few restrictions on speech.

The Supreme Court has ruled that speech that directly incites violence or some kind of physical retaliation is not protected under the First Amendment. But while this is true in theory, the court has rarely banned that kind of speech or conduct.

Even cross burning - considered by many to be the most virulent and hateful type of speech - doesn't necessarily rise to that level. The court in 2003 struck down part of a Virginia law that banned cross burning, saying it's illegal only if it's done to specifically intimidate someone or signal they're about to be a target of violence.

More Quran Burning Coverage:

Quran Burning Still on for 9/11, Minister Says
Quran Burning Protests in Afghanistan
Pastor Will Not Cancel Quran Burning
Jones: Judaism, Other Religions "Of The Devil"
Hillary Clinton: Quran Burning Not American Way
Clinton: Quran Burning Does Not "Represent America"
Bloomberg: Pastor Has Right to Burn Quran
Angelina Jolie Condemns Planned Quran Burning
Rev. Terry Jones: Quran Burning "Very Necessary"
AG Holder: Quran Burning Idiotic, Dangerous
Pastor: I Know Quran Burning is Insulting
Pastor on Plan for Quran Burning
Extended Interview: Rev. Terry Jones
Terry Jones, The Man Behind "Burn A Quran Day"
White House Laments Quran Burning Plan
Dove World Outreach Center: Where Does the Money Go?
Petraeus: Burning Qurans Could Endanger Troops
Afghans Protest Fla. Church's Plan to Burn Quran
Fla. Church Denied Permit to Burn Qurans

Copyright 2010 CBS. All rights reserved.
  • Jan Crawford

    Jan Crawford is CBS News' political correspondent.

Add a Comment See all 326 Comments
by tankmansquare September 13, 2010 2:29 PM EDT
Yes, and as Christians, 911 should have been thoroughly investigated before removing all the steel and invading two countries! I suppose we should ask Iraq and Afghanistan to turn the other cheek as Special Forces assassination teams target civilians, along with drones and attack helicopters. We are living our "Christian" lives daily by bringing our young home in coffins, or maimed physically or mentally or both. Prayer and good works like attaching quotes from the Bible during the Bush administration in memos through the chain of command; or forcing Air Force Academy Cadets to convert to Christianity; or the lack of health care for the emergency workers who are suffering from 911. Empathy? Where was our empathy for the civilians of Baghdad as "Shock And Awe" was set in motion with Tomahawk cruise missiles, and stealth bombers and fighters? Speaking of illegal, it is illegal to invade a country that had nothing to do with 911, WMD, or Al Qaeda! And why is it that so many ?Christian? nations have been involved in so many wars through out history?
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by slappy-jones September 11, 2010 11:23 PM EDT
by jayrh

How about that we share responsibility for 9-11?

=======

Did you actually ever read his whole statement?

He said the fact that we decided to arm and train Al Qaeda helped lead toward 9/11.

Do you disagree?

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Reply to this comment
by jayrh September 12, 2010 1:30 AM EDT
You'll support him no matter what, huh slappy?
by jayrh September 12, 2010 1:40 AM EDT
Yes, I definitely disagree though slappy... We help them fight off Soviet occupation and that somehow makes us responsible for them attacking us... If you think this makes sense, you're farther out there than Rauf is...

Why don't you go just a little farther Buddy... Tell us how a girl getting raped is her own fault, like Islamics in the Middle East do?

Do you know nothing?
by slappy-jones September 11, 2010 6:51 PM EDT
I know plenty. I also see you're as paranoid as Empress Jo is.

How is Rauf spreading "radical" Islam? He was picked up by Bush I, and has been a representative of the state department. I haven't seen any statements of his which I see to be radical.

Please - share which statements of his you think are radical??

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Reply to this comment
by slappy-jones September 11, 2010 6:52 PM EDT
Personally, I'm more concerned about the Religious Right turning us into a theocracy than I am the Muslims.
by jayrh September 11, 2010 8:46 PM EDT
slappy, it doesn't bother you that he won't condemn Hamas? How about that we share responsibility for 9-11? The United States has more Muslim blood on it's hands than al-Qaeda has of non-Muslim's? How about when he says that this is bridge for peace, yet, he can see that this in not the case... Now, he says that if he doesn't build the mosque there, it will somehow endanger us towards radical attacks... There are more of his statements coming out every week. It doesn't take a lot of effort to find these...

I don't think Bush ever truly understood radical Islamic motivation... Obama is far worse though... When you use these people to reach out to the Muslim world, the only thing it does is to help legitimize them... Even predominately Muslim countries are cracking down on groups such as the Muslim Brotherhood... They see an ideology that they don't want... I even heard a Middle Eastern scholar by the name of Fouad Ajami quoting a poll taken on a liberal Arab Electronic daily which found 57% of those polled thought it was a bad idea...
by slappy-jones September 11, 2010 5:52 PM EDT
I know about radical Islam, jayrh. I also know that it doesn't trump US law. Someone who beheads someone in the name of their religion will get the same treatment as anyone else who beheads.

What do you have against your fellow citizens? Are you American? Ever heard of "innocent until proven guilty"?

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Reply to this comment
by jayrh September 11, 2010 6:46 PM EDT
Who are you kidding slappy? From your comments, you have no idea about radical Islam... Unless, of course, you are an Islamist yourself and are simply trying to deceive people...

There is a certain segment of the Muslim population that does not come here to assimilate and become Americans... Rather, they come here to destroy us within... They reach out to inmates in our prisons and other malcontents to spread their radical ideology...

Do you really think that we should support groups known to be radical and that support terrorism, just because they haven't beheaded anyone, yet?

Innocent until proven guilty? This implies a war against radical Islam solely in the criminal justice system... This is pre-9-11 thinking, which is wholly inadequate to fight Islamists... There are enough comments from Rauf himself to show that he is a radical... Yet, you would let him spread radical Islam as much as he wants, as long as he can stay under the legal radar? You realize that this amounts to helping them spread their ideology, which seeks to hurt this country?
by slappy-jones September 11, 2010 6:51 PM EDT
I know plenty. I also see you're as paranoid as Empress Jo is.

How is Rauf spreading "radical" Islam? He was picked up by Bush I, and has been a representative of the state department. I haven't seen any statements of his which I see to be radical.

Please - share which statements you think are radical??

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by slappy-jones September 11, 2010 4:40 PM EDT
"jayrh

people like you that condemn this and support a mosque at ground zero definitely show, at best, an ignorance of what is happening here and around the world."

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At best? The truth is that the mosque builders are AMERICANS who deserve the rights of all Americans.

And the preacher has the freedom to burn the Qu'ran, but it's the equivalent of inciting a riot, since it is an act of hate. The mosque is not.

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Reply to this comment
by jayrh September 11, 2010 5:10 PM EDT
The Imam who wants to build this mosque is a member of the Muslim Brotherhood... He was raised there and you see nothing to suggest that he has changed his views... What do you not get about this???

You say that burning a Qur'an would incite riots... Well, I say that if we, as a people, don't stand up to radical groups that are part of the Muslim Brotherhood, i.e. CAIR, ISNA, MSA, NAIT, etc., eventually these groups will be the only ones that Muslims can turn to... This in turn will lead to the radicalization of a majority of Muslims in this country! The consequences will be far more severe than riots!!!

I keep telling you slappy, you need to learn about radical Islam and what is happening in this country before you post... I can help you out, if you would like to learn...

How many acts of terrorism have been connected with mosques, just in this country? Yet, you don't see where a member of the Muslim Brotherhood could be building one out of hate??? Yes, ignorance, at best!
by slappy-jones September 11, 2010 5:36 PM EDT
I know about radical Islam. I also know that it doesn't trump US law.

What do you have against your fellow citizens? Are you American? Ever heard of "innocent until proven guilty"?

Personally, you sound like part of the American Taliban.
by mary-miami September 11, 2010 3:10 PM EDT
Last I heard, a church in Kansas went ahead with the damn islamic book burning...Freedom works two ways...If the filthy muslims have a right to build their temple on sacred 9/11 ground; then any American has the right to burn the damn islamic book. I will not even call it by the name they do because they dont deserve respect. Muslims created 9/11...they attacked us. They come here with their pre-historic ways and then get offended when we give our opinions. I get offended everytime I see a woman wearing a burqua; to me it is a sign of slavery. I get offended by the thought of having a damn islamic temple near the Sept 11 site. Muslims want to destroy our nation from the inside out, that is why they are flocking here. Alot of people complain about the Latins but those are not coming here to destroy America...they arent even muslim. Muslims should not be allowed into this country anymore because they are trying to create controversy amongst us. We are American no matter what political party we belong to...American first! If they were to attack us again, we as Americans would stand shoulder to shoulder and not care whether we be Republican, Democrat or whatever...Peace is great but it only works if it's mutual.
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by slappy-jones September 11, 2010 3:18 PM EDT
"If the filthy muslims have a right to build their temple on sacred 9/11 ground"

You call your fellow American citizens "filthy"??

Really??
by beamk9 September 11, 2010 12:47 PM EDT
THE UNITED STATES OF AMERICA!!! There is nothing in the Constitution about "ala" or "islam", but "God" is recognized in every political document our Founding Fathers authored as our country made a stand for Freedom! From our Founding Fathers, our Nation Politicly attributes their faith in God in everything America stands for. From the Constitution to the Money we spend, from the Pledge of Allegiance to Swearing under Oath to "tell the truth" in a Court of Law by PLACING OUR HAND ON THE BIBLE, America was founded by Christians with faith in God! They had the foresight and presence of mind to be tolerant of other religions and beliefs and stated a separation of Church and State Government, but they Never separated God from State.
We have been programmed and shaped to be tolerant of others and their rights under the constitution, but believing muslims have a "right" to build a mosque next to "Ground Zero" is absolutely absurd and should outrage every American Citizen to the point we all Stand Up and say "No"! From the President of the United States to the Judicial System and Congress, this effort to build a mosque anywhere in the vicinity of "Ground Zero" should be halted and permanently banned. We would not be having a National Day of Remembrance for all those who lost their lives on 9/11 if not for the radicalism of islamic nation. "men" of islamic faith from islamic nations came to American Soil, hijacked American airliners, and used them as weapons against Americans killing thousands of men and women within the World Trade Center, The Pentagon, and United Flight 93. They were used as weapons by "cowards" hiding behind their religious islamic terrorist beliefs to murder AMERICANS. Aside from our fellow Americans, many men and women from other Nations died as a result of the terrorists actions.
It's time to "Stand Up" America. Say "NO" to the building of this mosque near the sacred land which is now known as "Ground Zero." We are all entitled to our own religious beliefs, our own opinions, our own ideas, our right to vote-"as American Citizens", and our right to Freedom as established by the Founding Fathers of the Constitution of the United States of America. The founding of our nation was founded on principles with God and faith in God being one of those principles. Men and women from that generation fought and died for Freedom to be "One Nation Under God!" Men and women have continuously stood up to fight against tyranny and terrorism throughout our history as Americans, as citizens of the United States of America. Our soldiers, both men and women, continue to die to this very day in a war started by men from radicalist islamic nations. They burn "OUR FLAG" and "OUR BIBLE" and viciously state and show their hatred for Americans and the American ideology of Freedom and Tolerance.
As Americans, we should never back down to the threats that exist against America. We should always extend our hand to individuals and other Nations in the spirit of respect and friendship under the Principles of our Constitution. We should never allow one or a couple of individuals to influence whether or not we say "the Pledge of Allegiance" in our classrooms. We should never have to "Press ( 1 ) for English"! We should never allow our "Flag" to be burned on American Soil! We should never allow other faiths in religion to dictate where Americans show solidarity and faith in God; if those of different faiths choose not to participate in the "Pledge of Allegiance" or celebrating "Christmas" or the acceptance of Americans saying "God Bless You", then they themselves are not being tolerant and they can remove themselves from our traditions and rights until we have stated and shown our pride and allegiance to our Nation; the Nation that provides others the very freedom they sought out in the United States of America. The Freedom which our "Men and Women of the Armed Forces of the United States of America" commit their lives to Guard, Protect, Fight, and even Die for to ensure our rights and freedoms are protected.
We were attacked by islamic terrorists on our own soil. NO "mosque" should ever be allowed to be built anywhere near "Ground Zero"! It's time to "Stand Up" America! Quit being complacent and start honoring what our soldiers are fighting for. Contact your Mayors, your Governors, your Congressmen, your Senators, and the President of the United States of America, and "Say NO!"
I have NOTHING against other faiths and religions, but "Ground Zero" is sacred to the United States, and the United States of America was founded as "One Nation under GOD". Build the mosque somewhere else, and HONOR the Men and Women who died on 9/11, and HONOR our Soldiers who continue to fight and die for our Freedom and our Country, the UNITED STATES OF AMERICA!

BC -Veteran of US Air Force and Proud American with faith in God
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by slappy-jones September 11, 2010 12:55 PM EDT
I do not believe in the creed professed by the Jewish church, by the Roman church, by the Greek church, by the Turkish church, by the Protestant church, nor by any church that I know of. My own mind is my own church.

All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit. -- Thomas Paine - Age Of Reason

"My earlier views of the unsoundness of the Christian scheme of salvation and the human origin of the scriptures, have become clearer and stronger with advancing years and I see no reason for thinking I shall ever change them." - Abraham Lincoln

"The Bible is not my book nor Christianity my profession." - Abraham Lincoln

"I have examined all the known superstitions of the world, and I do not find in our particular superstition of Christianity one redeeming feature. They are all alike founded on fables and mythology. Millions of innocent men, women and children, since the introduction of Christianity, have been burnt, tortured, fined and imprisoned. What has been the effect of this coercion? To make one half the world fools and the other half hypocrites; to support roguery and error all over the earth." -- Thomas Jefferson

George Washington stated in the 1796 Treaty of Tripoli: "The Government of the United States of America is not, in any sense, founded on the Christian religion."

George Washington: "I never once met a religious man who was not a brainless boor."
by slappy-jones September 11, 2010 12:56 PM EDT
the United States of America was founded as "One Nation under GOD"

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Wrong - that was inserted in the 1950s.
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by slappy-jones September 11, 2010 12:41 PM EDT
by jayrh

.... a majority of Muslims who either don't speak out against them or actually condone their behavior...

======

A "majority" of Muslims? You mean the minority.

Read these links - you'll be there all day:

http://www.unc.edu/~kurzman/terror.htm

http://www.muhajabah.com/otherscondemn.php
Reply to this comment
by jayrh September 11, 2010 1:07 PM EDT
No, I mean a majority are not speaking out against the radicals... You see only a few Muslim groups speaking out against them... While at the same time, you see the largest Muslim groups in this country, i.e. CAIR, ISNA, MSA, NAIT, etc., to be a part of the Muslim Brotherhood... CAIR and ISNA were actually unindicted co-conspirators in the Holy Land Foundation terrorism funding trial...

I think you need to read something other than what comes from the internet... If you really want to know about radical Islam, you can go either of two routes to get to the truth... You can read the books by Steve Emerson, Robert Spencer, Andrew McCarthy, etc... Or you can go to Islamic sources themselves... Either way, you come to the same conclusion... While most Muslims are not violent, nor do they have any interest in terrorism, the ones who do take their radical beliefs directly from the Qur'an, ahadith and Mohammad's teachings...
by slappy-jones September 11, 2010 4:37 PM EDT
No, I mean a majority are not speaking out against the radicals...

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Perhaps in your opinion. Not from what I've seen.
by pasha128 September 11, 2010 12:09 PM EDT
It is shocking how many ignorant / arrogant citizens are willing to place other citizens at risk (including losing their lives) to express their selfishness, bitterness and intolerance of others.
Reply to this comment
by jayrh September 11, 2010 12:26 PM EDT
While I certainly do not agree with burning a Qur'an... You should be faulting radical Islamics for this.. Instead you call people intolerant who are angry at radicals within Islam and a majority of Muslims who either don't speak out against them or actually condone their behavior...
by slappy-jones September 11, 2010 12:39 PM EDT
I didn't see her say 'intolerant'.

The problem here is one of idealism vs. reality. Do you really think you can "make a point" to terrorists?

Are you really willing to die to prove that someone else is a homicidal maniac??
See all 5 Replies
by laffewi September 11, 2010 11:47 AM EDT
1John 3:10-12 "The children of God and the children of the Devil are evident by this fact: Everyone who does not carry on righteousness does not originate with God, neither does he who does not love his brother. For this is the message which you heard from the beginning, that we should have love for one another; not like Cain, who originated with the wicked one and slaughtered his brother."

John 13:34&35 "I am giving you a new commandment, that you love one another; just as I have loved you, that you also love one another. By this ALL WILL KNOW THAT YOU ARE MY DISCIPLES, IF YOU HAVE LOVE AMONG YOURSELVES."

Matthew 5:43-45 "You heard that it was said, 'You must love your neighbor and hate your enemy.' However, I say to you: CONTINUE TO LOVE YOUR ENEMIES AND TO PRAY FOR THOSE PERSECUTING YOU; THAT YOU MAY PROVE YOURSELVES SONS OF YOUR FATHER WHO IS IN THE HEAVENS......

Romans 12:17-21 "RETURN EVIL FOR EVIL TO NO ONE. Provide fine things in the sight of ALL MEN......Do not let yourself be conquered by the evil, but keep conquering the evil with the good."

John 15:14 "YOU ARE MY FRIENDS IF YOU DO WHAT I AM COMMANDING YOU."

Matthew 7:21-23 "NOT EVERYONE SAYING TO ME LORD, LORD, WILL ENTER INTO THE KINGDOM......MANY WILL SAY TO ME LORD, LORD,......AND YET THEN I WILL CONFESS TO THEM:
I NEVER KNEW YOU!! GET AWAY FROM ME, YOU WORKERS OF LAWLESSNESS."

Titus 1:16 "THEY PUBLICLY DECLARE THEY KNOW GOD, BUT THEY DISOWN HIM BY THEIR WORKS, BECAUSE THEY ARE DETESTABLE AND DISOBEDIENT AND NOT APPROVED FOR GOOD WORK OF ANY SORT."

Matthew 7:15-19 "Be on the watch for false prophets that come to you in sheeps covering, but inside they are ravenous wolves. BY THEIR FRUITS YOU WILL RECOGNIZE THEM..........."

THE ABOVE SCRIPTURES FROM GOD'S WORD THE BIBLE AND THE WORDS OF CHRIST JESUS SHED LIGHT ON THOSE THAT ARE TRUE CHRISTIANS IN CONTRAST WITH THOSE WHO FALSELY MAKE THE CLAIM OF BEING CHRISTIAN BUT PROVE THEMSELVES FALSE BY THEIR EVIL ACTIONS. (2 Timothy 3:5)
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