Muslim Judge Thows Out Case on Attack of Man Dressed as Zombie Muhammad

This past Halloween in the city of Mechanicsburg, PA, a parade was held where people could dress in costume.  A group called the Atheists of Central Pennsylvania decided to attend with costumes that included a zombie Pope and a zombie Muhammad.  Talaag Elbayomy, a Muslim spectator, was offended by the zombie Muhammad costume, worn by Ernie Perce, and physically attacked Perce.  Elbayomy stated that he felt compelled to “do something” because he believed that to have Muhammad depicted as a zombie was a crime.  Both Perce and Elbayomy filed reports against each other to the police, but only Elbayomy was charged with harassment.  The case was seen in District Court with Judge Mark Martin who dismissed the case against Elbayomy and called the victim a “doofus.”  The judge, who according to the article has served several times overseas in the Middle East, stated that if this incident had taken place in the Middle East, Perce would have been the criminal and put to death.

Another article (disclaimer: there is a picture of Perce in costume in this article) notes that Judge Martin recently converted to Islam and stated during his ruling: “I think our forefathers intended that we use the First Amendment so that we could speak what’s on our mind, not to p*** off other people and cultures, which is what you did…You are way outside your bounds of First Amendment rights…You’ve completely trashed their essence, their being.  I’m a Muslim.  I find it offensive.”

As Judge Martin states above, this is a case about the First Amendment, both in freedom of speech and freedom of religion.  Perce believed he had the right to express his opinions in whatever fashion he wanted and that by dressing up as a zombie Muhammad he was expressing his freedom of speech.  Elbayomy, on the other hand, believed that he had the right to defend his beliefs by attacking someone offending his faith.  Because Muslims believe that there should be no images of Muhammad, Perce was insulting Elbayomy, the Muslim faith, and the memory of Muhammad by portraying a zombie Muhammad.  However, is a physical attack justified by the offense?

While I am sympathetic to Elbayomy’s view and consider a zombie Muhammad (or any zombie religious figure) blasphemous, I do not agree with the actions of the court.  Yes, what Perce did was offensive and he probably should have respected the beliefs of others when deciding on a Halloween costume.  However, he broke no laws (national, state, or local) when he dressed in his costume.  He has the right to express himself in whatever fashion he feels appropriate as long as it does not violate any laws.  Elbayomy was offended by Perce’s costume but that does not give him the right to attack another in anger.  There are several legal, non-violent alternatives that Elbayomy could have utilized instead of attacking Perce.  The legality of an action is not a judgment on its tastefulness.  Just as the Westboro Baptist Church is within their rights to picket funerals, which many find distastful, Perce is within his rights to dress up as a zombie Muhammad.  And, as we have seen in court cases such as Reynolds v United States, 98 U.S 145 (1878) (in which it was determined that even though polygamy was considered a religious duty to those of the Mormon faith, that did not mean that federal laws could be broken in the name of religious freedom), Americans have the right to believe whatever they want, they just may not have the same right to act in whatever way they want.  Elbayomy may not believe that what Perce did was correct, but that does not mean he had the right to act in the way he did.  Judge Martin’s ruling is favoring Islam by throwing out the case, and that is unconstitutional according to the First Amendment which does not allow for the government to favor or disfavor “one view of religion over another.”