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Appeals Court rules YouTube should not have been forced to take down film critical of Muhammad

May 18, 2015 2:25 pm By Robert Spencer

Innocence-of-MuslimsA victory for the freedom of speech, but it hardly matters now: all jihadists need to do in order to get us to stop saying anything negative about Islam or Muhammad is to threaten to kill us, and everyone folds up, cowers and submits.

“Appeals Court Sides With Google in Anti-Muslim Film Case,” by Sudhin Thanawala and Brian Melley, Associated Press, May 18, 2015:

YouTube should not have been forced to take down an anti-Muslim film that sparked violence in the Middle East and death threats to actors, a federal appeals court ruled Monday in a victory for free speech advocates.

The 9th U.S. Circuit Court of Appeal sided with Google, which owns YouTube, after free speech advocates urged the court to overturn a 2-1 decision by three of its judges. The three judges had ordered YouTube to take down the video.

Actress Cindy Lee Garcia wanted “Innocence of Muslims” removed from the site after receiving death threats. Her lawyer argued she had a copyright claim to the low-budget film because she believed she was acting in a different production.

Google argued Garcia had no claim to the film because the filmmaker wrote the dialogue, managed the production and dubbed over her lines.

It wasn’t immediately clear if or when the video would be reposted on YouTube. A Google spokesman did not immediately respond to an email seeking comment.

The film inspired rioting by those who considered it blasphemous to the Prophet Muhammad and President Barack Obama and other world leaders asked Google to take it down.

Google, which said those requests amounted to censorship, was joined by an unusual alliance of filmmakers, other Internet companies and prominent news media organizations that didn’t want the court to alter copyright law or infringe on First Amendment rights.

YouTube and other Internet companies were concerned they could be besieged with takedown notices, though it could be hard to contain the film that is still found online.

A lawyer for Google argued in December that if a bit player in a movie has copyright privileges, it could extend to minor characters in blockbusters, shatter copyright law and ultimately restrict free speech because anyone unhappy with their performance could have it removed from the Internet.

“The ultimate effect is to harm the marketplace of speech,” attorney Neal Katyal told the court during a hearing in Pasadena….

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Filed Under: Featured, free speech Tagged With: Google, Innocence of Muslims, YouTube


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Comments

  1. Draki says

    May 18, 2015 at 2:46 pm

    In further Benghazi news, it’s been confirmed by another source that Obama and Susan Rice lied about youtube videos http://therightscoop.com/new-judicial-watch-memos-reveal-obama-lies-about-benghazi/.

    • Jerry says

      May 19, 2015 at 6:25 pm

      So who now could the Obola and the Billary falsely blame now for causing or precipitating the Benghazi Islamic Jihadi terror attack?

      • Jerry says

        May 19, 2015 at 6:27 pm

        Vote Billary into the dog house not the other former White House.

  2. Theodoric says

    May 18, 2015 at 2:54 pm

    PRESERVE Your Freedom Of Speech! Draw and criticize Muhammad and Islam TODAY!

    If all of us who are determined to preserve our most precious possession, the freedom of speech, were to post a link to a “Prophet” Muhammad cartoon everyday, they would become so ubiquitous that it would become obvious even to the Muhammadans that the idea of stopping the cartooning with jihad attacks was a lost cause. Free Speech lovers outnumber the Muhammadans by far. Let’s take advantage of it and put an end to this barbaric lunacy.

    https://drawthevileprophet.wordpress.com/2015/05/07/preserve-freedom-of-speech-draw-the-vile-prophet-muhammad/

  3. John Gehrke says

    May 18, 2015 at 2:55 pm

    The first paragraph is wrong. This case does matter. Free speech does matter. Not everyone cowers and submits. Stick to the truth please. Freedom of speech and rule of law are basics of our freedoms in the US and will continue to be. Let us steer from hate and shallow thinking and towards truth and what is right.

    • Freddy S. says

      May 18, 2015 at 3:46 pm

      I agree with you, John. Robert, I like your blog, but the word “everyone” in the first paragraph could be replaced by “most”.

    • noellsq says

      May 18, 2015 at 5:11 pm

      I do not condone violence but as an American who lives to hunt and shoot pistols for fun please bring the animals on. I am proud to say or be able to say that I feel the POTUS is full of it or I do not believe that Republicans are whatever. FREE SPEACH. MUSLIMS CAN KISS MY ASS IF THEY WILL LIMIT MY CHANCE TO SPEAK OUT.

  4. cs says

    May 18, 2015 at 2:57 pm

    A lot people said that this film is rubbish in terms of aesthetics, to be honest I kind of like it.

  5. voegelinian says

    May 18, 2015 at 3:08 pm

    “A victory for the freedom of speech, but it hardly matters now: all jihadists need to do in order to get us to stop saying anything negative about Islam or Muhammad is to threaten to kill us”

    Yes, that’s the beauty of PC MC (Politically Correct Multi-Culturalism): it is a vast culture of voluntary self-censorship — a culture that, with regard to certain sociopolitical issues (most pre-eminently, the problem of Islam), has become. over the past half century or so, dominant and mainstream throughout the entire West.

    This sociocultural feat has been accomplished in one of four ways:

    1) by means of a Dastardly Cabal who amazingly can control the entire West through some monumental crypto-totalitarian tyranny that remains mostly invisible (except to the eagle eyes of the vigilant Conspiracy Theorists and the x-ray vision granted them by their tin-foil hats)

    2) the vast majority of the entire West — everybody from the top down, Elites, Ordinary People, and all classes in between — are strangely stupid (as tempting as this explanation is, we must resist)

    3) A combination of 1 and 2.

    4) Or, some other explanation that does not succumb to the temptations of 1 and/or 2 — an explanation with a bit more sociological and historical nuance and sophistication, indicating that over the past half century (give or take a decade or two, with historical roots going back farther, of course), a paradigm shift in worldview has occurred, a remarkable change in the fashion of thought.

    While this change has been radical in terms of its sociological reach to affect the hearts and minds of untold tens of millions in every country of the West — explaining the prevalent voluntary self-censorship I mentioned up top — it is not a complete surprise historically, as one can see many signs of it in the early 20th century, in the 19th century, in the 18th century, and even as far back as the 16th century in the writings of the great philosopher and statesman Michel de Montaigne.

  6. Angemon says

    May 18, 2015 at 3:11 pm

    YouTube should not have been forced to take down an anti-Muslim film that sparked violence in the Middle East

    C’mon, it’s been almost 3 years. We know that the movie didn’t spark the violence in Benghazi on 9/11.

    • Xero_G says

      May 18, 2015 at 4:32 pm

      Article did not specify Benghazi. The video DID spark violence in other ME cities (eg. Cairo). This is why Hillary thought she could also blame Benghazi violence/death on same video.

    • Huck Folder says

      Jun 14, 2015 at 12:40 am

      Angemon:

      “YouTube should not have been forced to take down an anti-Muslim film that SPARKED violence in the Middle East.”

      Define ‘sparked’. As always, EVERYTHING is in the language, in our case, English.

      Maybe someone had definitive timelines as to what happened, when and where; I would be interested to hear.

      If I may give the example of the so-called Danish Cartoons ‘riots’. The first demonstrations were fairly large but peaceful. They were also encouraged, fomented, organised, arranged, enabled, orchestrated and to a large part attended by leftards and the alphabet-sexist crowd, who seemed more offended on behalf of the mozombs than the mozombs themselves.

      It was only some six months later that the Akkari-Laban inspired shit hit the fans. It took some SERIOUS shilling and high pressure sales tactics, plus adding three extra-inflammatory images to induce the ‘spontaneous’ outbursts which led to mayhem and deaths. The final touches were added by those idiotic imams who were led by the nose, and in turn led their ‘congregations’ by their revolt-at-the-drop-of-a-hat noses. All of which exposed islam as the idiotic sham of a ‘religion’ that it is.

      I think a ‘spontaneous’ protest is almost an oxymoron. If a million people were riled enough to demonstrate, where and when would they gather? How would they get there? Who would decide the messages, fabricate the banners and placards?

      But the mozombs have a well organized network of ‘barracks’, regularly attended by volatile ‘soldiers’ and led by rabble-rousers, all reading from the same “Book of Hate™”.

      Instead of just “Rent-A-Crowd” you have “Rent-A-Riot”.

  7. Loretta Pienaar says

    May 18, 2015 at 3:12 pm

    This cr-p of PC is destroying the West. The traitors in the US and the UK are destroying their own!!!!!
    God bless all decent, real and sincere Americans and Brits.

  8. Freddy S. says

    May 18, 2015 at 3:51 pm

    Google, great company! Google has the courage to oppose Obama, wow!

  9. pdxnag says

    May 18, 2015 at 4:46 pm

    Can’t we say that it celebrates Islam rather than mocks Islam. If the depictions are accurate then surely Muslims cannot be offended by the conduct of the Perfect Man. Why must we say anti-Islam?

    • gravenimage says

      May 18, 2015 at 6:06 pm

      The film *is* largely factual, per Islam’s own texts—but it is also critical. And as Muslims see it one may not be allowed to criticize the foul “Prophet”.

  10. Michael Copeland says

    May 18, 2015 at 5:02 pm

    Sudhin Thanawala and Brian Melley at Associated Press misrepresent the video.
    It is not anti-muslim.
    “Innocence of Muslims” simply depicts Mohammed. It is a scrupulously faithful representation – without mocking – of incidents in his life as recorded in Islam’s source texts. Americans, spoilt by Hollywood’s grand productions, find the low-budget quality a little bit insulting.
    At the time of the Benghazi attack, according to Robert Spencer, the video had attracted 37 views. It had not at that stage gone viral, and did not precipitate the attack. As Professor Hanson says, it was dishonestly blamed by the White House, who wanted to cover up their own shortcomings, and deliver a blow to the First Amendment.
    As for the riots, these were instructed in the mosques, to make an influential “Day of Rage”.
    http://libertygb.org.uk/v1/index.php/news-libertygb/6562-and-take-their-wives-as-war-booty

    • John Gehrke says

      May 18, 2015 at 6:34 pm

      MC, that link was awesome! Thank God for the web, this site, and free speech. Seriously – as more people – world wide – learn what reality is – may they start to turn towards something that makes some sense – like peace and love – like our Lord says! http://libertygb.org.uk/v1/index.php/news-libertygb/6562-and-take-their-wives-as-war-booty

  11. profitsbeard says

    May 18, 2015 at 5:04 pm

    Someone needs to produce a youtube video based on the 1830 book by George Bush (a distant ancestor of his presidential namesake) titled “The Life Of Mohammed“.

    Obvious W never read it.

    • Alarmed Pig Farmer says

      May 18, 2015 at 5:35 pm

      Doggone, Bear, I thought you were kidding. The next time somebody rags on that Barack Hussein has that middle name and attended Sharia school and his dad was a Moslem before he drank a quart of scotch and then crashed his car into a big tree and the Dreams of My Father father was immolated, my retort will be that, hey, Prez Dubya’s great grandfather was an authoritative Moslem sympathizer whose work rated an unqualified approval from no less than the U of al-Azhar.

      Both are impressive. I look at the presidency and think, gee, Barack Hussein and Dubya, we had the great antisemite James Baker before, and Mo-Sis-Hood member Valerie Jarrett and hafiz Rashad Hussain now, and it looks like next president Hill, she of OIC resolution signatory non-fame, will bring Huma Abedin onto to her West Wing staff and…

      … the circle shall remain unbroken.

      • gravenimage says

        May 18, 2015 at 6:25 pm

        APF, don’t assume that this book is hagiographical toward the “Prophet”—it is *anything but*. George Bush was a Christian cleric and describes Muhammed as an “imposter” and Muslims as “locusts”.

        It is difficult to tell, but it looks as though Al-Azhar approved the book not because they agreed with its contents, but to show that President George Bush’s grandfather (as they thought he was) was also an “Islamophobe”.

        http://muhammadanism.com/Bush/Default.htm

  12. Alarmed Pig Farmer says

    May 18, 2015 at 5:06 pm

    Actress Cindy Lee Garcia wanted “Innocence of Muslims” removed from the site after receiving death threats.

    This is exactly why the great news entertainers Bill and Laura publicly argued that we limit our free speech when it comes to make fun of a people from a belief system with cultural sensitivities. You could be threatened with murder, or even worse, murdered, with or without a threat. Abu Afak and Asma Marwan got no warning murder threats, although Asma know the risk based on Abu having been gutted a couple of days earlier. Don’t know if Theo Van Gogh got the pleasure of a death threat, but probably he did not.

    Death threats are important. But more important, don’t do anything to get a death threat in the first place. Limit your speech to fit cultural sensitivities. That’s what Bill and Laura counsel, and they should know, they’re prestigious news entertainers worth millions.

  13. Christian A. Beltram says

    May 18, 2015 at 5:21 pm

    More courts need to make positive rulings like this one. Only when that is done will jihadists start to realize that non-Muslims will not be pushed around any longer!

  14. gravenimage says

    May 18, 2015 at 6:32 pm

    Appeals Court rules YouTube should not have been forced to take down film critical of Muhammad
    ……………………………….

    Glad to hear about this ruling. Good news.

  15. R Cole says

    May 18, 2015 at 6:34 pm

    Nowadays you don’t have to be in a Muhammad movie to be the target of an Islamic attack.

    Amen to common sense.

    Because so many things appear offensive to Muslims – there must be a concerted push back.

    ::

    In the there was even talk of taking the cross out of the British flag to remove just another item on display which might offend Muslim sentiment.

    In Italy Christian religious processions are attacked – religious icons like a Mother Mary statue that was smashed and urinated on – by Muslims purely because they feel ‘offended’.

    ::

    The creator of this Muhammad film – an Egyptian Coptic – whose people have been living under Islamic threat and attack for centuries. What ‘offends’ Muslims defines Coptic lives. The movie was a protest and an examination of the things Muslims find sacred – and what leads them to hold themselves up as superior to others – elements of which are actually laughable – in a madman kind of way. Clear – is that the criticism of Muhammad and his Kaaba-Islam has not changed since its inception. As the movie described it – when X is added to a man he acts in this other way. As Egypt was once a majority Christian country – the Copts now in the minority – are being persecuted by those whose ancestors converted to Islam or X.

    ::

    What is true is that if Muslim don’t like criticism or question – then they should check their behavior – check their beliefs. Why should westerns hold their hand through 1000 years of meandering history – to reform that faith.

    Bad press is largely due to bad behavior.

    Muslims should know – we are free because we are!!

  16. More Ham Ed says

    May 19, 2015 at 1:29 am

    “President” Barack Obama and other world “leaders” asked Google to take it down.

    They didn’t ask muslims to behave and they didn’t ask anyone to reform the unholy ko ‘ran.

  17. underbed cat says

    May 19, 2015 at 9:44 am

    Thank you Google. Google Google…

  18. Uncle Vladdi says

    May 19, 2015 at 5:55 pm

    This film is totally accurate in all ways, as has been perfectly deconstructed by Dajjal:

    Here:

    http://vladdisblog.blogspot.ca/2015/05/watch-innocence-of-muslims-and-verify.html

    And here:

    https://vladdi.wordpress.com/2015/05/19/watch-innocence-of-muslims-and-verify-its-content/

    Njoi!

    😉

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