September 15, 2010, - 12:15 pm

The End of Free Speech . . . When It’s About Islam, Supreme Justice & Govt Agency Say

By Debbie Schlussel


Say good-bye to your First Amendment protections on speech . . . if it’s the truth about Islam.  A U.S. Supreme Court Justice compares speech about Islam from its opponents to “yelling fire in a crowded theater.”  And a man lost his job working for a public agency for burning a Koran.


Yup, free speech is over in America.  What our troops allegedly die for in Islamo-paradises like Iraq and Afghanistan (and actually hand over the country to governments that don’t believe in democracy or free speech), we no longer have here.

Yes, we no longer have free speech when Justice Stephen Breyer says that the First Amendment doesn’t protect Koran burning.  Here’s what he told ABC News’ George Stephanopoulos, yesterday, on “Good Morning America.”

Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on “GMA” that he’s not prepared to conclude that — in the internet age — the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout ‘fire’ in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Breyer goes on to say that you can only say stuff against Islam “in debate.”  Gee, that’s not what my Constitution says.  In fact, my copy of the Constitution must have been edited since there’s a marked absence of the words “in debate.”

Disgusting. This guy sits on the highest court of the land and he doesn’t even understand the most basic statement of American law in the most important document governing America, a right that has been established and confirmed over and over in case law and statute. He should go back to making ice cream (please, no e-mail–It’s a joke; I’m well aware he’s not from the Breyer Ice Cream family, but he might as well be, though they probably know more about what constitutes protected speech than he apparently does).

So, in Breyer’s world, you can burn the American flag (which the Supreme Court already established is protected speech covered by the First Amendment), the Christian Bible, the Jewish Bible, and anything else . . . except the Koran.  Absurd.  And, worse, outrageous.  Don’t think for a minute that he doesn’t have support for this unConstitutional view of the Constitution amongst the other liberal Supremes.  I have no doubt several of them share his view.  That’s the scary part.  All he needs is four others to  take away our First Amendment speech rights.

Is it “a sign of the apocalypse” when the former Soviet Union has greater speech rights than the United States of America?

Then, there’s Koran burner Derek Fenton, who lost his job with New Jersey Transit, a publicly-funded state agency, for doing so.  That’s clearly unconstitutional, and I’d bet money they wouldn’t do the same for an American flag-burner or a Bible burner.

The protester who burned pages from the Koran outside a planned mosque near Ground Zero has been fired from NJ Transit, sources and authorities said Tuesday.

Derek Fenton’s 11-year career at the agency came to an abrupt halt Monday after photographs of him ripping pages from the Muslim holy book and setting them ablaze appeared in newspapers.

Fenton, 39, of Bloomingdale, N.J., burned the book during a protest on the ninth anniversary of Sept. 11 outside Park51, the controversial mosque slated to be built near Ground Zero. . . .

NJ Transit said Fenton was fired but wouldn’t give specifics.

“Mr. Fenton’s public actions violated New Jersey Transit’s code of ethics,” an agency statement said.

“NJ Transit concluded that Mr. Fenton violated his trust as a state employee and therefore [he] was dismissed.”

Uh, a tax-funded, public agency cannot have a “code of ethics” or some BS standard about “violating trust,” when it restrains an employee’s freedom of speech. Hmm . . . where the heck is the ACLU?

If Fenton sues, I’m confident he’ll win . . . until Justice Breyer and his friends get the case and overturn the First Amendment. Be careful what you say about Islam. We now have sharia against free speech, imposed not by Muslims, but by public agencies and servants pandering to them.

So much for showing the world what freedom is all about.  We no longer have a free country.

What happened? Islam and liberals–who really aren’t so liberal, after all–happened. G-d save America before it’s too late.

****  UPDATE:  Reader and L.A. Times blogger Joel Engel writes me, noting that Justice Breyer doesn’t even understand Justice Holmes’ decision:

Justice Holmes said you can’t shout “fire” FALSELY in a crowded theater.  If the theater really is on fire, you have an obligation to do so.  That’s what he said.  Pathetic that Breyer doesn’t know that.

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48 Responses

Shariah Compliant Judge backs up Shariah Compliant NJ Transit against US Citizen in what was the Republic of the USA. If the USA doesn’t slam on the brakes regarding this sort of thing like right NOW, you’ve come to the end of the line. How about a one day boycott of NJ Transit? You think they would get the message that the good citizens of the USA are pi$$ed off? What to do?

Debbie Washington Hts. Girl on September 15, 2010 at 12:40 pm

After 9/11, we were all told to not be afraid and continue to fly, because, if we didn’t, then the terrorist have already won. I find it odd that today, where we can’t protest Islam by burning a Quran, that no one is saying that the Jihadist have won. They are winning (and laughing).

Rick on September 15, 2010 at 12:42 pm

They’re feckless cowards and their reward will be what they fear the most.

maphammond on September 15, 2010 at 12:46 pm

It’s disgraceful that a judge would hold such an opinion. I fear that too many of my fellow liberals hate Christianity so much that anything that is anti-Christian is automatically good but in reality that’s not the case.

Norman Blitzer on September 15, 2010 at 12:48 pm

I find it so ironic that the reason even members of the Supreme Court want to restrict OUR Freedom of Speech is because they KNOW that if we say or do anything to piss off members of the so-called “Religion of Peace” they will kill us. It’s that simple. The older I get the more I realize that if something makes absolutely NO SENSE, a liberal must have said it.

DG in GA on September 15, 2010 at 12:54 pm

Is it OK to burn a drawing of someone burning a koran? It sounds like a silly question, but it is just as ridiculous as taking away our first amendment rights to appease the muzzies.

Did you hear about that kid being banned from the US for calling BHO a name in an email? Here’s one for you BHO – do you know what OBAMA stands for? One Big Ass Mother-f#cking Asshole. Now come and try and take away citizenship, you liberal pricks.

Jarhead on September 15, 2010 at 1:04 pm

Too disgusted to comment.

Farmerjohn on September 15, 2010 at 1:05 pm


It appears that the Heckler’s Veto is winning out over free speech, free expression, etc.

William on September 15, 2010 at 1:05 pm

I like Mike Adams’ idea, and I’ll embellish it here. Instead of burning the Q’ran, let’s see a massive book burning session in which “The Audacity of Hope,” and “Dreams from My Father” are burned.

William on September 15, 2010 at 1:13 pm


    Debbie Washington Hts. Girl on September 15, 2010 at 2:02 pm

If one cannot burn the Quran, how about using it as toilet paper?

Big Gino on September 15, 2010 at 1:23 pm

    Hey, wait, I’m not giving up my nice Charmin to prove a point, I rather use it to line my birdcage so my birdies can crap on the really good parts!

    Debbie Washington Hts. Girl on September 15, 2010 at 2:36 pm

      Hey, wait, I’m not giving up my nice Charmin to prove a point, I rather use it to line my birdcage so my birdies can crap on the really good parts!

      Debbie Washington Hts. Girl on September 15, 2010 at 2:36 pm


      My mother banned Charmin from the house, about 40 years ago, because of that putrid commercial. I never bought it. I would never use the Koran for toilet paper. That would be an insult to my orifices. I would never use the Koran for birdcage liner or doggy paper. That would be cruelty to animals.

      Miranda Rose Smith on September 16, 2010 at 4:20 am

If I understand Breyer’s argument, it follows that any speech which purportedly results in murder, mayhem, death, and destruction may be prohibited. By this logic, if a Debbie Schlussel blog post were to trigger a riot (orchestrated or not) in Dearborn, the blog post may have been “illegal.”

By the same logic, if an American flag burning were to result in a riot, the flag burning may have been illegal. The point is, any speech which generates a violent response may be restricted. This is a license for bullies to eviscerate the First Amendment, the Constitution, and the country.

adam on September 15, 2010 at 1:27 pm

    adam – I don’t know what planet you live on, but here on earth the muzzies will kill you just because of your religion and without any provocation. Burning the koran will not make them anymore violent, they hate us no matter what we do.

    From what you wrote, does that mean that calling muzzies names like ragheads and goat-f#ckers illegal? I sure hope not. But if you still think this way, you should go join BHO’s thought police, because that is where all this sh#t is leading to.

    Jarhead on September 15, 2010 at 1:54 pm

Debbie doesn’t have to worry for now… and neither does yours truly. But if Stephen Breyer and the Left get it their way, you will no longer be allowed to criticize Islam… period.

The signs of that are already here and its disturbing.

Why it is an ideology that needs special protection?

America is well on the way to descending into dhimmitude.

NormanF on September 15, 2010 at 1:35 pm

If the ACLU doesn’t fight on behalf of the Koran burner’s free speech rights then perhaps the ACLU now stands for American Cowards Loving Ummah.

Lady in Northern Virginia on September 15, 2010 at 1:39 pm

Good Grief. I remember when (yea, yes, yes, it’s so long ago now) when the ACLU would have been roaring with rage. Now the ACLU is nothing more than an Islamic front organization out to destroy the United States.

J.S. on September 15, 2010 at 1:39 pm

Besides the fact he is in idiot liberal who does not understand islam IS at war with the West, I am trying to figure out how the “in the internet age” fits into burning the koran? WTF does that mean? If you delete a page/or close a page of the koran online you violate?

Sean R on September 15, 2010 at 1:40 pm

This is why people can never vote for a Dummycratic president. They appoint Supreme Court justices who basically hate the Bill of Rights, much like the President himself.

Jon Grant on September 15, 2010 at 1:50 pm


    Elections have consequences. People knew who they were electing in 2008. If they didn’t know, they’re complete dummies. And the Stephen Breyers among them don’t really care about the First Amendment if it stands in their way of their ideology. In a decade America may be under Sharia, too. Just don’t say you weren’t warned.

    NormanF on September 15, 2010 at 5:09 pm

Perhaps we could try an experiment: call the ACLU and ask if burning the U.S. flag is permitted, then call back and ask if burning the Koran is permitted.

Solomon2 on September 15, 2010 at 2:17 pm

If there’s a silver lining to the Obamanation, it’s people finally waking up to the fact that liberals are Marxists whose primary agenda is the destruction of America. Moderates are enablers who are just as responsible for the sorry state of affairs that we found ourselves in today. Thanks to DS for getting the truth out there to inspire all of us.

Bonzer Wolf on September 15, 2010 at 2:18 pm

Martin Peretz, current editor of the liberal “The New Republic”, last week termed the planned burning of the Koran “uncivilized”, and continued, ” I believe that the Obama administration should go to the Supreme Court or maybe tactically to the most sensible and civilized appellate court and seek an injunction against this atrocity”. So now he wants to use the instruments of state to preempt actions he doesn’t approve of! The “submission” continues apace.

Raymond in DC on September 15, 2010 at 2:44 pm

This was bound to happen. Liberals are equating free speech with the reaction to free speech. Since almost all religions will restrain themselves when their symbols or icons are desecrated Islam is treated with an exception. Since Muslims can’t act as civilized people when they see something they don’t like then we are going to have to forfeit our rights.

CaliforniaScreaming on September 15, 2010 at 2:52 pm

    California screaming hit it right on the head. The Middle
    Eastern Muslims are archaic and refuse to act right in a
    world where we’re all just trying to get along with one another.
    So because they are so over the top the rest of the world is
    so afraid to upset them, so we should appease them and take
    our freedoms and throw them away. They have won.

    Sheila on September 30, 2010 at 10:25 am

Some of the fiction books I’ve been reading lately have been alarmingly accurate as to the state of our country. And, will somebody tell me why I can’t ask why a religious Muslim woman would choose my kid’s CHRISTIAN preschool for her kid??!? We have a significant Middle Eastern presence at our local university, so this does raise a couple of questions in my head!!


cirrus1701 on September 15, 2010 at 2:55 pm

Sorry, but it’s the media that turns the world into a crowded theater with its overcoverage of the Fla. pastor, so if the Supreme Court wants to mess with somebody, try them. Too bad not even the govt. can control the Internet. Keep up on daily global news of the Islamic threat with news article and op-ed links supplied free by the Historyscoper at

Historyscoper on September 15, 2010 at 2:59 pm

Another important point to consider in this absurd judicial opinion is that the US government cannot and should not be giving any special status or protection to a religious object. In other words, if someone burns a building down intentionally, that is arson. It is illegal. It doesn’t matter what kind of building that is- church, shul, or mosque. It’s illegal because it’s arson. If the government makes it a worse crime to burn a mosque than a house, it is saying that the mosque is somehow more important or more holy or special. The government is not supposed to be worshipping any particular religious objects or buildings. If burning something in protest is legal, then it’s legal no matter what the object is. For the government to bestow a special status to Korans is to subscribe to that religion and act in accordance with it, which government is not supposed to do according to “separation of church and state”.

ScottG on September 15, 2010 at 3:00 pm

what is next “separate but equal” courts… one for sharia law and one for Western law?

soyphobia on September 15, 2010 at 4:19 pm

That’s already happening in Britain!!

cirrus1701 on September 15, 2010 at 4:49 pm

I kinda liked the idea I had the other day of using a pile of korans (not capitalized on purpose) to do whole-hog BBQ. I think I like William’s suggestion of burning Dear Leader’s books even more.

CornCoLeo on September 15, 2010 at 5:34 pm

Yes, we have lost the First Amendment. Freedom of Speech has become extremely restricted, as has Freedom of Assembly.

Little Al on September 15, 2010 at 8:20 pm

OK let’s take a deep breath here and actually read what Bryer said in the context he said it. The setup was laid by interviewer Stephanopolous. Bryer did not at all offer the opinion that it’s not 1st amendment to burn that trash book. Rather, he responded like a consummate jurist, that there’s an interesting point to be explored, hypothetically, if lawsuits were brought about it asserting the they’re-gonna-kill-us-is-like-trampling-danger-in-crowded theater. He doesn’t advocate that position, he just presents it as a potential argument at law. C’mon Debbie, you’re a lawyer, and surely can see that there’s no muck yet to rake in this teapot tempest.

snookra on September 15, 2010 at 10:17 pm

    Even discussing the idea only helps propagate it. It’s just like inviting a holocaust denier to your school “in the interest of free speech.” Breyer should have had NO doubt whatsoever that this is allowed, not because of “separation of church and state” (not in the Constitution), but because it ie separating one religion (really, ideology) out and treating it in a special way, which is the same as establishomg a religion.

    impeachthedude on September 26, 2010 at 8:22 pm

snookra. in this case, you do us all a disservice by confusing the issue with facts. its like picking up nickels in front of a steamroller…its the…if you give them an inch theory…with liberals, muslims, and of course training puppy dogs…the only really effective lasting solution is a SHARP immediate correction at the time of infraction over and over until the behavior is learned and the bad behavior is extinguished…

hill billy on September 16, 2010 at 1:57 am

How about shouting “fire” in a crowded mosque? Is that twice the crime?

Preposteroso on September 16, 2010 at 2:39 am

Justice Holmes said you can’t shout “fire” FALSELY in a crowded theater. If the theater really is on fire, you have an obligation to do so. That’s what he said. Pathetic that Breyer doesn’t know that.

Good point. A LOT of people who quote Holmes don’t know that.

Miranda Rose Smith on September 16, 2010 at 4:22 am

….then the terrorists have won.

Phineas on September 16, 2010 at 10:12 am

Burning is in fact the proper way to dispose of an American flag. I do not and will not give the Koran the same treatment= it is too honorable. I get enjoyment from using the pages of the Koran to pick up my dog’s poop when we go for a walk. Look for them in a trash bin near you.

tantalon on September 16, 2010 at 10:35 am

FBI Warns Obese People Not To Burn The Koran

richardporter on September 16, 2010 at 12:30 pm

Not only did Breyer misstate the law,IMHO Schneck v. United States applied correctly would have no bearing on Quran burning. It would be evaluated under Brandenburg v. Ohio

Brian Cuban on September 16, 2010 at 12:57 pm

This is simply and extension of the left’s anti Judeo-Christian agenda.

Long before 9-11, Islam was the PC religion of choice.

This also highlights the hypocricy of the left as any self respecting feminist should be SCREAMING out against Sharia.
Instead, we get…………… crickets.

Sam Adams on September 16, 2010 at 1:56 pm

When will America wake up and save ourselves before it is too late. (May be it is already too late) Islam should not be classified as a religion. Religion is only a small slice of the Islamic pie. They want to take over the world, they have done it before. They know how to take over the world “peacefully” by taking over every country from the inside out. America is protecting them every step of the way. When Islam rules the world in the next 25-50 years, do you think they will allow peace, freedom or Christianity or Judaism?

Angie on September 17, 2010 at 12:33 am

    We will not wake up. Our fearless leaders can’t even say no to 20 million illegal aliens, much less people who hate us more than they love their own children.

    melati on September 17, 2010 at 6:29 pm

Although I do not condone defiling of books in any fashion (especially if they are considered holy by a religious group) it does seem like PC has totally gone out of control in this country as there seems to be an overreaction to anything perceived to be an insult to Muslem or Arab sensibilities.
The people and institutions in this country are following in the footsteps of the Europeans insofar as bending over backwards to try and please those factions as an attempt to avoid any possible provocation that could end up causing a violent reaction that is very likely to happen as a result.

RG on September 17, 2010 at 2:08 am


Even the ACLU has condemned what happened to Fenton. It’s pretty mind boggling that they have more respect for his First Amendment Rights than Breyer.
What’s so digusting is that Breyer can’t even get his cliches right: I believe he should have used the “fighting words” one instead of “fire in crowded theater” BTW isn’t if funny that nazi sympathizers were allowed to march through Skokie Ill to provoke the ppl there and SCotUS gave it the stamp of approval? Fighting words? Guess some fighting words are more unconstitutional than others. All because the internet(not insane by way of inbreeding muslims!)supposedly created the international Koran burning firestorm possible. NOW MUSLIMS DON’T EVEN HAVE TO LIVE WITHIN OUR BORDERS TO STEAL OUR FREEDOM OF SPEECH?
The worst of it is that these statements ARE AN OPEN INVITATION TO CAIR AND OTHERS TO BRING SUIT.There’s no question that if Pastor Jones tries this again next year he’ll be brought up on hate crimes charges. BREYER KNOWS EXACTLY WHAT HE IS DOING HERE. WE ALL BETTER PRAY THAT HE DOESNT SPEAK FOR THE COURT.

melati on September 17, 2010 at 6:25 pm

This is why no person in US Government should ever be guaranteed a job for life. US Supreme Court judges should be elected for 8 year terms, and impeachable. In my opinion, this judge Breyer is an idiot.

Truth on May 22, 2011 at 10:09 am

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