United States v. Al-Timimi Essay Example
United States v. Al-Timimi Essay Example

United States v. Al-Timimi Essay Example

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  • Pages: 3 (592 words)
  • Published: June 24, 2016
  • Type: Case Study
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Al-Tmimi's plea to the Supreme Court should be approved since his statements are protected by the first amendment and warrant consideration.

While Al-Timimi's statements can potentially harm their intended targets, they do not meet the legal requirements to be classified as obscene or libelous. They may cause harm, but they do not meet the standards for sedition or incitement. Al-Timimi is protected by Freedom of Speech and Freedom of Religion, which allow him to maintain his beliefs and protect him from legal consequences connected to his speech.

The First Amendment safeguards individuals' ability to freely express themselves through speech, writing, and publishing without incurring legal consequences. Nonetheless, forms of speech such as Obscenity and Slander/Libel are excluded from this right. It is worth noting that Al-Timimi's statements do not fall into eithe

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r of these categories.

The definition of obscenity in Roth v. United States pertains to speech that mainly stimulates the sexual desire of an average person, as determined by prevailing community standards, when observed in its entirety. This definition typically encompasses pornography and material featuring human reproductive organs and sexual activities.

If offensive material in its presentation possesses artistic, cultural, educational, or scientific merit, it can be considered "not obscene." One example of this is the acknowledgment of Venus de Milo as art even though it depicts female breasts. Therefore, Al-Timimi's statements cannot be classified as obscene.

Libel refers to a public and malicious accusation made against either a living or deceased individual that suggests their involvement in a crime, vice, defect (whether real or imagined), or any action, omission, condition, status, or situation tha

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could bring dishonor, discredit, or contempt upon them.

According to the ruling in New York Times v. Sullivan, a speech is considered libelous only if there is proof of malicious intent by the speaker. It is clear that Al-Timimi holds strong hostility towards the United States, President Bush, and Jews. The intensity with which he communicates this animosity to his followers reveals his malicious motives.

However, an essential aspect of Libel is that the statement must be a clearly false imputation. Al-Timimi's statements, on the other hand, are not objectively false. In his analysis of the Columbia crash, all the facts he provided were accurate.

The Town of Palestine, Texas is home to George W. Bush, and it is true that there was a Jew on board the Columbia. However, his perception of these facts as signs of future disaster and religious importance is simply his personal viewpoint.

While he instructs his followers to engage in 'holy war' or Jihad against the United States, considering it an enemy of Islam, individuals have the autonomy to believe and act on these teachings. If they choose to take action, legal consequences may arise. Nonetheless, as of now, no legislation exists that prohibits innocent individuals from departing the country; thus, facilitating travel to Pakistan for his disciples is not deemed a punishable transgression.

Voltaire once said, "I may not agree with what you have to say but I will fight to the death for your right to say it." This principle can be applied to Al-Timimi as well. It is unlikely that many Americans will agree with his beliefs, if any. However, as

long as he does not violate the constitutional protections given to him, he has the freedom to hold and express his chosen beliefs. Although his teachings could be incorrect and potentially lead his followers astray, unless Al-Timimi commits an actual illegal act, he remains within the boundaries of the law.

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