AfterDawn: Tech news

YouTube anti-Islam film ban lifted by U.S. court

Written by James Delahunty (Google+) @ 19 May 2015 17:13 User comments (13)

YouTube anti-Islam film ban lifted by U.S. court A YouTube video blamed for kicking off violence all over the world for perceived offense to Muslims, Islam and the prophet Muhammad should not be banned, a U.S. court has decided.
The "Innocence of Muslims" video was technically a trailer for a longer film that started production as "Desert Warrior". The video caused a surge of violence in some parts of the middle east and the western world for its portrayal of the figure Mohammed from Islam as a fool, a sexual deviant, a delinquent and so on.

Fatwas were issued against the producer of the film, Nakoula Basseley Nakoula, and against the cast. What the cast didn't know is dialogue had been dubbed over the film in post-production to add anti-Islamic sentiment.

YouTube voluntarily blocked access to the video in some countries, citing a difficult situation, but it did not remove it in the United States or most of the western world. Google did not find the content of the video in violation to its rules, finding it was about Islam and did not qualify as hate speech against a particular ethnic group.

However, actress Cindy Lee Garcia claimed to have been tricked by the producers of the film and filed a lawsuit against Google seeking to have the footage removed. Garcia had received death threats for her part in the production of the film beforehand, but was relying on a weak copyright claim in order to have the film removed from YouTube, and a district court refused her request.

Unfortunately for Google, the case ended up in the Ninth Circuit Court of Appeals and a divided panel (2-1) found that her copyright claim was "fairly debateable", initiating a mandatory injunction that required Google to remove the film. Later, this was narrowed down to versions that showed Garcia.

Google was unsatisfied and urged the court to reconsider its decision, which it has and now over a year later the Ninth Circuit has sided with Google. Writing in her opinion, Judge M Margaret McKeown said the court was sympathetic to the plight of Garcia, but that her claim was "grounded in copyright law, not privacy, emotional distress, or tort law" and that Garcia was seeking to impose speech restrictions under copyright laws.

"As a consequence, the panel's mandatory injunction against Google was unjustified and is dissolved upon publication of this opinion," the opinion reads.

Judge Stephen Roy Reinhardt went further and claimed the court had, in essence, surrendered to terrorist threats.

"By leaving in place the panel's unprecedented gag order for well over a year, we surrendered to the threats of religious extremists who were offended by the film. For a United States court to do so was anathema to the principles underlying the First Amendment," Reinhardt writes.

"It is remarkable that this late in our history we have still not learned that the First Amendment prohibits us from banning free speech in order to appease terrorists, religious or otherwise, even in response to their threats of violence."

Indeed, even the White House had initially urged Google to reconsider its decision to keep the film online.


Sources and Recommended Reading:
Garcia vs. Google - Order 5/18/2015: www.ca9.uscourts.gov
Garcia vs. Google - EB Opinion 5/18/2015: cdn.ca9.uscourts.gov

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13 user comments

119.5.2015 23:19

I didn't know such movie existed but now I need to go see it to see what the hoopla is all about. ;)

220.5.2015 0:20

Streisand effect ftw.

320.5.2015 0:30

Don't even bother harrynutz. It's the worst most pointless movie ever made. To make a comparison, it's quality is that of a youtuber with under 500 views to their credit that took 4 hours to make a skit with Jesus in it and then all the extremist Christian's started rioting across America.

420.5.2015 1:54

LOL, Mohammed WAS a fool, a sexual deviant, and a delinquent. Truth hurts.

520.5.2015 7:23

Originally posted by TaZMaNiaK:
LOL, Mohammed WAS a fool, a sexual deviant, and a delinquent. Truth hurts.
Are you even religious? LOL

Truth is all religions are flawed
This message has been edited since its posting. Latest edit was made on 20 May 2015 @ 7:25

Trin - Making Digital Waves

620.5.2015 9:50

As A Religious Man I Think This Needs To Be Said In This Manner

Praise google!


qazwiz is qazwiz everywhere. If you see me say HI!

720.5.2015 23:39

Attacking any Religion is a very foolish ,such people fail to understand the separation between the sacred from the secular. Imagine how American Christians would feel if a film attacked Jesus??
What need is fulfilled ?I think it was Camille Paglia who said there will be no forgiveness for attacking Religion.

822.5.2015 1:22

Christians proved a long time ago they had no problems mass murdering in the name of some imaginary being.

The Church itself however is an excellent tool for forging out the kinks in humanity, sending us down the strait and narrow. though the being they prattle on about may or may not exist. In the end its not the divine prick demanding you live a life of servitude even after death, he/she/it is irrelevant. what matters is the way in which these lessons are taught, Something pastors and priests these days have failed to heed.

This message has been edited since its posting. Latest edit was made on 22 May 2015 @ 1:23

923.5.2015 6:32

Originally posted by DXR88:
Christians proved a long time ago they had no problems mass murdering in the name of some imaginary being.

The Church itself however is an excellent tool for forging out the kinks in humanity, sending us down the strait and narrow. though the being they prattle on about may or may not exist. In the end its not the divine prick demanding you live a life of servitude even after death, he/she/it is irrelevant. what matters is the way in which these lessons are taught, Something pastors and priests these days have failed to heed.
You are seriously one ignorant douchebag.

1023.5.2015 7:41

Originally posted by CarpeSol:
Originally posted by DXR88:
Christians proved a long time ago they had no problems mass murdering in the name of some imaginary being.

The Church itself however is an excellent tool for forging out the kinks in humanity, sending us down the strait and narrow. though the being they prattle on about may or may not exist. In the end its not the divine prick demanding you live a life of servitude even after death, he/she/it is irrelevant. what matters is the way in which these lessons are taught, Something pastors and priests these days have failed to heed.
You are seriously one ignorant douchebag.
yes,....yes i know. Since your soooo much smarter than i, please feel free to enlighten me.

112.6.2015 2:29

Originally posted by DXR88:
Originally posted by CarpeSol:
Originally posted by DXR88:
Christians proved a long time ago they had no problems mass murdering in the name of some imaginary being.

The Church itself however is an excellent tool for forging out the kinks in humanity, sending us down the strait and narrow. though the being they prattle on about may or may not exist. In the end its not the divine prick demanding you live a life of servitude even after death, he/she/it is irrelevant. what matters is the way in which these lessons are taught, Something pastors and priests these days have failed to heed.
You are seriously one ignorant douchebag.
yes,....yes i know. Since your soooo much smarter than i, please feel free to enlighten me.
Guys - you can debate religion until you're blue in the face. Pick up a copy of The Power of Now to get a totally different perspective on a way of living - by getting out of our heads - and getting more into The Present Moment. The premise is - we're all unconscious - having been taken over by "the thinking mind" which runs our society. We're possessed in a sense - but we don't know it. The deeper teachings of Jesus, of the mystical side of Islam, of Buddha, of Zen - are about waking up - turning off the non-stop judgment/categorizing/ self-talk, that constitutes 90% or more of our "wake" time. This all may sound like just some more BS - but it's a profound paradigm shift. I suggest - "Stop arguing and check it out!" LOL :)

124.6.2015 6:14

the title has been hijacked by a devilish Muslim who repeatedly interrupts a young man he lied to. the muslim lie is that he invited the presentation of the gospel but he didn't want to hear the gospel, he only wanted to repeatedly do what Satan himself does, uses misleading questions to distract from God and uplift Man.... in this case, the Muslim that yells MUSLIM WINS

sadly it is true, Muslims win a place with Satan in hellfire


qazwiz is qazwiz everywhere. If you see me say HI!

134.6.2015 6:32

this appears to be the correct link to a part of the whole.... there is no female in this clip so there must be more (a female claimed her life was threatened by the movie) but this is enough to see that Christians protected Muslims from a persecution similar to that that the Muslims now inflict on Christians

https://www.youtube.com/watch?v=Au6tbb9Zgkw


qazwiz is qazwiz everywhere. If you see me say HI!

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