CALIFORNIA PROSECUTING MAN FOR MAKING COMMENTS ON FACEBOOK THAT WERE NOT THREATENING OR VIOLENT

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reason.com/volokh/2017/12/29/calif-prosecuting-man-for-insulting-post

In September 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page (before he was finally blocked by the ICSC from commenting):

  • “THE TERROR HIKE … SOUNDS LIKE FUN” (written in response to the Center’s “Sunset Hike” announcement).
  • “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
  • “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
  • “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
  • “Filthy muslim shit has no place in western civilization.”

California is now prosecuting him for posting these comments, on the theory that they violate Cal. Penal Code § 653m(b):
Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

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