sapphi_snake said:
Killiana1a said:
In this case, no the church does not have a US Constitutional Right to burn the books. A bit of history from Schenck v. United States (1919) will help clarify:
The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the United States Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.
-Justice Oliver Wendell Holmes , Jr.
Source: http://en.wikipedia.org/wiki/Clear_and_present_danger
It is pretty much common knowledge the US is engaged in a war in Afghanistan whose population has a majority of muslims. General Petraeus has denounced this act, saying it would lead to retaliations against US troops in Afghanistan and the Middle East. (Source: http://online.wsj.com/article/SB10001424052748703713504575475500753093116.html?mod=WSJ_hpp_MIDDLTopStories)
If this were during peace time when the US was not engaged in Afghanistan or Iraq, then the church would have every right under the 1st Amendment of the US Constitution to burn a Mosque full of Korans. Since we are at war, they do not have the 1st Amendment Right.
This case of the proposed Koran burning is a classic example of yelling fire in a crowded theatre. You just don't do it at this moment in time.
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Burning Korans is one thing, but isn't burning a Mosque considered arsening and illegal???
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Of course burning any private property whether it is religious or secular is arson and illegal.It is illegal in peacetime or wartime because you are infringing on another's 1st Amendment right. Here is the text of the 1st Amendment of the US Consitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The burning of someone else's private property, especially a religious institution infringes upon the Right of the People Peaceable to Assemble. Muslims cannot "peaceably assemble" if their Mosque has been burned down. Their right is protected the same as Christians or any other practiced religion in the US.
The burning of a religious text during peacetime is protected under the Freedom of Speech. During wartime, you do not have the right to burn a religious text if it will mean harm to another in the warzone.
