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The 'Zombie Mohammed' Judge: Let's Discuss

A Pennsylvania judge dismissed a harassment charge against a Muslim man who allegedly attacked an atheist dressed up as "Zombie Mohammed." Since then, everyone has been talking about and arguing over this case. What do you make of it?

onFebruary 29, 2012 at 4:31 PMMarch 1, 2012 at 7:42 AM

It could be argued that Judge Martin was well-intentioned, a civilizing influence over a highly charged incident. He was simply trying to provide Ernie Perce with some factual information and context so that Perce, an atheist, could understand the import of his actions to a Muslim like Talaag Elbayomy. Judge Martin was merely using his bully pulpit to impart some cultural sensitivity and to urge Perce to engage in responsible, productive use of his free speech rights. Attacking or mocking the religious beliefs of others, while permitted under the First Amendment, is not an optimal use of such freedom; the First Amendment protects freedom of religion as well as freedom of speech, after all. As for the dismissal of the harassment charge, the evidence was insufficient to establish guilt beyond a reasonable doubt, a very high standard.

(Of course, there is a rebuttal to this defense as well. Perce claims that Judge Martin improperly refused to admit additional evidence of Elbayomy’s guilt.)

In any event, even if you think Judge Martin’s remarks at the hearing were unfortunate, it’s hard to defend what has happened to him since then. From the ABA Journal:

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A Pennsylvania judge has been relocated to a county courthouse for his safety after dismissing the case against a Muslim man accused of attacking an atheist dressed as “Zombie Muhammad” at a Halloween parade.

An audio recording of Judge Mark Martin scolding the alleged victim at a December hearing went viral, leading to online suggestions that the judge should be executed and more than 200 critical emails and phone calls to his office, the Patriot-News reports.

Readers, what do you make of Judge Mark Martin? Please feel free to opine in the comments and to vote in our reader poll:

What is your opinion of Judge Mark Martin, the judge in the Zombie Mohammed case?