All right, so apparently “intent to annoy or harass” is a misdemeanor in Southern California. Had I known that, I could have brought up on charges about a thousand people who have emailed me over the years. But there’s the rub, actually: is “intent to annoy or harass” a crime when directed at non-Muslims, or only at Muslims? Would Feigin have been prosecuted if he had written five comments critical of Christianity on some church’s Facebook page?
“California Prosecutes Man For Posting Anti-Muslim Messages On Facebook,” by Anders Hagstrom, Daily Caller, December 30, 2017:
California has leveled misdemeanor charges against 41-year-old Mark Feigin after he sent five anti-Muslim posts to the Islamic Center of Southern California’s (ICSC) Facebook page in 2016.
The California Attorney General’s office argues that his comments constituted “repeated contact by means of an electronic communication device” with “intent to annoy or harass,” a misdemeanor under California law, Reason.com reported Friday. California courts are scheduled to begin the trial Jan. 2, according to court records. Feigin admitted in October 2016 that he wrote the following comments between Sept. 17 and 25 of the same year.
- “THE TERROR HIKE … SOUNDS LIKE FUN” (In reference to the Center’s advertised “Sunset Hike”)
- “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
- “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
- “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
- “Filthy muslim shit has no place in western civilization.”
ICSC Communications Coordinator Kristin Stangas blocked Feigin soon after he made the final post, but also kept copies of the comments to pursue legal action. The Los Angeles Police Department arrested Feigin Oct. 19 and interviewed him. Feigin is now arguing that his charges should be dismissed because they are based on an unconstitutional application of the law.
Specifically, Cal. Penal Code § 653m(b) states that “every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.”
The AG’s office argues that Facebook comments are not legally different from telephone calls in this circumstance, and that Feigin’s intent was clearly to “annoy or harass,” making his actions illegal.
StellaSaidSo says
‘To know who rules over you, look for who you’re not allowed to criticise’ – Voltaire
Clive J Maclennan says
Yes, definitely spot on.
Carlos Danger says
Exactly!
patriotliz says
So it begins…just like in Europe and Canada. Enforcement of Sharia blasphemy laws by “secular” government. Nothing he said is different from millions of posts on twitter about Islam but most hide their identities because they’re afraid of the repercussions from the Leftist commie-fascist allies of IslamoFascism who both want “Death to America.”
Del says
In Ontario a guy was jailed for 5 months for expressing his opinion that there are too many Muslims. this was by a Muslim Judge. A Muslim judge in a democratic country is an oxymoron. Islam HATES democracy. Is this yet another step to sharia law?
StellaSaidSo says
Sharia blasphemy laws in practice, right there.
WorkingClassPost says
That last comment will be hard to defend, but the first was just silly, and the others quite accurate.
But if they were all the result of heartfelt beliefs (and plenty of circumstantial evidence), then there’s a clear defence of acting ‘In good faith’.
LeftisruiningCanada says
That ‘Child Molesting Robot’ thing was weird.
lebel says
“Filthy muslim shit has no place in western civilization.”
Imagine if he would have said “filthy jewish shit has no place in western civilization”?
What would jwatchers reaction be?
M says
Do Jews condone forcing females to Don the hijab, gang rape like millions of Musilms do, believe in having sex with children? The last time I checked they don’t but Muslims do by the millions. The comment filthy Muslims is warrented and if you don’t than apparently you do not know what constitutes as filth!
lebel says
OK so all Muslims deserve to be called filthy shit, got it.
I read the Talmud and old testament and it condones rape and pedophilia so are you going to call jews filthy? are you even going to call those beliefs filthy? of course not, you will defend them or act like they don’t exist or say that I;m lying.
S says
Sigh…… Take a look at all Islamic dominated nations. They’re all unfree nations with horrible human rights abuses and have virtually no personal or economic freedoms. Christianity had a reformation and virtually all Christian dominated countries, especially western civilization, have great human rights records as well as great personal and economic freedoms. Israel mirrors western civilization although democracies do have their flaws. Islamic nations are ruled based on Sharia or some aspect of it. Your reference to the Old Testament doesn’t mean much. Jews and Christians aren’t actually dictating that humans need to live by your references and have it enforced on others. Sharia and Islamic Law, however, does dictate that all humans submit to it or face the consequences. You’re an awful Islamic apologist by the way.
JawsV says
I agree with all Feigin said. Jews have nothing to do with it nor does Judaism. It’s Islam that’s the problem, only Islam, and its demented adherents.
gravenimage says
Of course, lebel’s claim that any Jews are engaged in pedophilia and rape on the basis of their holy books is just rot. Examples, please.
And he is enraged that anyone would say that Islam does not belong in the West.
It would be interesting to see what aspects of Islam he would welcome into the West. I shudder to think…
John Stefan Obeda says
Lebel, if you do not give references to prove your point, then it means nothing. Where does Jahweh, the true God Who promised mankind a Saviour from sin and hell and the power of the devil, namely Jesus, where is the passage where He commands us to rape and do such evil things as Muhammad did? God bless you to learn the truth before you die at which time it’s too late to learn the truth.
M says
D’oh. Someone else is using M for a user name. I will have to choose a different username I guess.
M says
I agree with the other M’s comment just not the way it was phrased btw.
elee says
Muslims have been saying exactly that for 1400 years & the result has been destruction of communities that were old before Mohammed started it up……some of them in Mo’s own towns, yes that’s right, the place the Nazi Wahhabis call home was Jewish when he started up. Gee why would there need to be a single Jewish nation in the world?
Terry Gain says
Do Jews believe that a man who was a caravan robber; who murdered his critics; who engaged in sexual slave taking; who told his followers that they were entitled to take sexual saves as war booty; who promised a paradise of carnal pleasure for those who killed for God, and more prosaically was a rapist, pedophile, misogynist and pedophile is somehow THE ROLE MODEL for every man?
Wake up lebel.
Terry Gain says
I forgot to mention head-chopping mass murderer and terrorist.
gravenimage says
Good posts, Terry.
lebel says
The old testament and talmud are full of rape and murder, does that make jews filthy?
I guess it does according to jwatch logic but it does not of course.
AleX says
@level
False equivalence between historical descriptions (Torah & OT) and the personality of mohomet who incited to rape, slavery, murder, theft, raketeering, extortion, child abuse by actually performing all of these.
Terry Gain says
lebel
You are too stupid to know the difference between descriptive and prescriptive
JawsV says
Just can it with your false “equivalence,” lebel. The only problem is ISLAM.
gravenimage says
While many figures in the Old Testament (Torah) are revered, they are also all recognized as flawed humans of their time. Aspects of their actions are worthy of emulation, some are understandable in their time and place only, and some others are obviously terrible choices at any time.
This is obvious with figures such as King David–a very equivocal figure.
Not so with the appallingly vicious “Prophet” Muhammedm who is considered the “perfect man” of Islam, and his every action worthy of emulation by Muslims *for all time*–including “marrying” little girls, piracy, enslavement, rape, and mass murder of unbelievers.
Norger says
Look I’m not going to defend the comment. But Islamic theology sacralizes Jew-bashing, leading to comments from Muslim leaders like this:
“If we searched the entire world for a person more cowardly, despicable, weak and feeble in psyche, mind, ideology and religion, we would not find anyone like the Jew. Notice, I do not say the Israeli.”
— Hassan Nasrallah, Secretary-General of Lebanon’s Hezbollah (or “Party of God”), New Yorker, 14 October 2002
Or to open calls for genocide of Jews by imams, even in US mosques, like this. https://www.google.com/amp/s/articles.nj.com/hudson/index.ssf/2017/12/nj_imam_suspended_after_hate-filled_sermon.amp
The real question is not how JW readers react to such unvarnished genocidal anti-Semitism which is unquestionably grounded in Islamic theology. The question is why our politicians and political leaders ignore the reality of Islamic anti-Semitism, which is clearly the most potent and danger form of Jew hatred in the world today,
JawsV says
The Koran should be arrested on felony hate speech charges.
bonnie louise loranger says
I totally agree
LeftisruiningCanada says
If it was Jews bombing, stabbing, raping or driving over people in Western nations most days, saying something like the quote you provide might not be too surprising.
But they aren’t.
Anyway, i don’t personally think it’s a good way of talking about muslims, even if i agree that there is no place for most of them in the West.
Guy Macher says
The statement about Jews would be a lie. That’s the difference,
PRCS says
We all know the reason for this.
Most people would direct such emails to the spam folder or block a poster.
Most Californians aren’t even aware of that law.
But Muslims–always on the lookout for a reason to cry “victimhood”–made an issue of it and the authorities had to investigate.
Rather imagine CAIR was involved in this.
JayT says
You’ve made 2 mistakes in your post. First, is seemingly viewing California as a “normal” state like any other that is being hoodwinked, along with California residents, by CAIR.
The second error is an implication that if Californians were aware of this trendy (sarcasm) law, which plays into the current theme of classifying everything non-liberal as hate speech, then Californians would be upset or opposed or take your pick.
California is currently better viewed as a foreign country within the U.S. A better way to refer to it, and many already do in a snide way, is referring to the state as, “The Peoples Republic of California”.
The number of asinine laws and public statements made within California is simply staggering. There are even now political candidates of other states that will mention vote for them if you don’t want you state to become like California or beware migrating Californians that jump into politics of their new home state much like a pandemic virus (see Colorado and Austin, Texas for an example of this).
Only in California can you *accidentally* fire a gun at a woman like Kate Steingle, kill her in front of her father, and not only escape prosecution as an illegal alien, but gather statewide sympathy for being made out to represent illegal aliens as a whole. Only in California can you provide evidence, and an undercover film, to the authorities showing proof that Planned Parenthood is involved in peddling baby parts from abortions to lab corporations and get prosecuted for it by the state attorney general. Only in California will you be banned from buying ammunition online, thereby giving the state the ability to squash the 2nd Amendment by controlling what and how much ammunition will be allowed for sale within the state. So what’s a few more Amendments stomped into the ground by California legislation?
The list goes on ad naseaum, but you get the point. The Peoples Republic of California is the nation’s paradise for: Jihadists, Marxists, Anarchists (gotta love those violent UC / CSU college campus protests), and every other kind of villainous entity out there.
And so the next time you are watching CSPAN and wondering what kind of loon would spew such idiocy on a broadcasted channel, remember to look at the bottom of the screen for the telltale identification of “CA” for the democratic congressman in question.
PRCS says
I live in California.
gravenimage says
Not all Californians.
Besides PRCS, I also live here, and was born here. There are a lot of Californians here at Jihad Watch.
JayT says
Yes, like me for over 35 years. But did you live in San Diego or a similar stone’s toss from the border?
I sometimes get “corrected” (not pointing at either of you on this) by fellow Californians, but find out they live in Central or Northern California, so it’s a completely different animal. It’s not like MS-13 and the 18th Street Gang started up and is operating out of those regions, eh?
Here’s one of a long list of examples – a cast net, used to throw and catch bait fish from shore primarily is ILLEGAL in Southern California, but perfectly LEGAL in Central and Northern California.
Anyways, fellow Californians, I take it you aren’t going to deny my points after the never ending fiascos – Senator Leland Yee, convicted of gun running, former darling and poster boy of gun control of all ironies. Nancy Pelosi, past statements include unemployment is good for the economy, made photo op trip to Syria after Bush administration told her not to go, has made statements about wanting to accept all immigrants (Middle East and elsewhere) into California, is a staunch defender of illegal immigration and why not since she owns a multi-million dollar vineyard that needs people power to farm. And well, you already know about how legislation here blamed the evil gun and not the Jihadis for the Christmas party massacre in San Bernandino. On and on…..
PRCS says
El Cajon. Imperial Beach. San Ysidro (’74–’80).
El Dorado County, now. A red county.
As OUR state has–essentially–a one party system which blocks just about any and all conservative opposition, and a law which permitted two Democrat contenders–and no one else–on the 2016 Senatorial ballot.
How did all of this happen? Like going bankrupt–slowly at first, then very quickly.
I don’t deny your points, rather that California–as f’ed up as the politics are here–is not the only state over run by Democrat politicians and voters–though, yes, we’re probably on the top of that heap.
My wife will retire in a few years–then off to Nevada.
LeftisruiningCanada says
That’s another thing i like about the US – The States themselves are very varied in politics, and you can escape the madness if you really want to.
Here, there isn’t that much between the Provinces politically really, but the ones that lean a little less leftward are so damn hard to live and work in. Alberta was alright until the even harder left took over a few years back.
In BC, all the sky-high earth worshiping watermelons just got together with their solid left of left N(s)D(a)P fellow travelers and made a wondrous pact of coalition.
Anytime soon i’m expecting the abolition of the combustion engine, firewood burning for home heating to be outlawed, tree felling to be punishable by death, and the socialist wet dream of a minimum guaranteed income for every man woman and probably child. But not for the unborn, since they aren’t human yet. And maybe we’ll start offering a ‘dignified’ death for the old, because let’s face it, they’ve had theirs.
ahem
PRCS says
LC,
Good post. Funny, too.
PRCS says
Judge orders potential release of hundreds of illegals from Iraq
Nope, not California.
https://www.washingtontimes.com/news/2018/jan/3/judge-orders-potential-release-hundreds-illegals-i/?utm_campaign=shareaholic&utm_medium=twitter&utm_source=socialnetwork
JayT says
I’m glad to see you don’t have any issue acknowledging my main point about California being the spear tip of any factions interested in bringing down the U.S. from within as we know it today.
Also, along with the new laws that went into effect this new year, it’s my understanding in PROC (Peoples Republic of California) that the police are no longer allowed to question in any way the legality of suspected illegals. This should make things much easier for any Jihadists crossing the border to move around within PROC.
Yes, not every Californian feels the liberal rush to toss blue paint over every issue and that’s at least a step in the right (no pun intended) direction. However, a minority of Californians cannot turn aside the tsunami of liberal righteousness that works to sweep away conservative speakers on college campuses, provides protection to keep ones like Congressman Brad Sherman who publicly equated Trump to ISIS in power, and generally looked the other way when Trump supporters were being beaten in the streets during the presidential campaign in PROC with nary a word of protest.
All in all, your plans to move out of state is exactly what I’ve in mind for myself when I’m able to, and I wish you the best while I look on enviously. It’s regrettable because it does feel like we are being chased out.
JayT says
P.S. Ah, by California being a spear tip I mainly was referring to the huge number of electoral votes guaranteed to every liberal-dem presidential candidate. I think it’s around 55 votes?
PRCS says
JayT,
“a minority of Californians cannot turn aside the tsunami of liberal righteousness”
Quite true.
Don’t know why you’re not able to be chased out just yet.
But if you ever decide to take the leap, take a look at this map (or others) of the 2016 presidential election.
https://www.270towin.com/maps/2016-actual-electoral-map
Time for bed. Good night.
Terry Gain says
Muslims are resolute fanatics who will use our laws against us. My comment does not apply to each and every Muslim.
Terry Gain says
Obviously Fegin’s intent was to educate and correct whereas the intent of Muslim Reaction to very valid criticism is to silence and terrorize. Islam is such an irrational ideology that it is almost impossible to make insightful criticisms which aren’t inciteful.
elee says
See what Voltaire said at the beginning of this thread. If the courts allow this prosecution can blasphemy laws be far behind?
StellaSaidSo says
Blasphemy laws, effectively, are already here.
Dawn says
How many times have we heard of Imams promoting hate to the jews but I guess thats ok
Westman says
“..makes repeated telephone calls or makes repeated contact..”
I could be wrong that this prosecution is likely to fail in court and cause a change in the law because Facebook is not a termination device, nor data file, that exists on the recipient’s premise, making “repeated contact” impossible. One must log into Facebook and choose to access the comments so there is neither direct or personal contact.
The devil appears to lie in the poorly-defined meaning of “contact”. However, Californication would quickly change the law if the prosecution failed. After all, we know that whatever is good for CA is good for the USA – just ask Gov. Brown.
The “refugees”, those who are productive4, will avoid CA like the plague since even CA residents are leaving because the state and local taxes have become onerous. Not being able write off those taxes in the future will only increase the outflow and dampen the CA economy.
elee says
As PRCS said a few posts back, there’s probably some front organization behind this. Here’s hoping some investigative journalist can get us that information. When they do it will probably turn out—-it just about always does—-that they’re up to their eyeballs in jihadi affiliations while enjoying all the tax benefits of genuine philanthropy.
Terry Gain says
Any journalist following up on this will be called an Islamophobe. I think they are likely to be intimidated into silence.
RichardL says
in Florida a man got 15 years for less. Maybe he gets 20 for this misdemeanor. Looneyfornia…
lebel says
We note, reading jihadwatchers comments that it absolutely OK to call all Muslims filthy shit. It is however wrong when used on any other group. Is it hatred? no of course not, it is only hatred when used against any other group.
So generalizations are fine if use only against Muslims. Against everyone else its wrong. Who cares about logical fallacies when we’re talking about Muslims?
Westman says
The majority do not. Don’t generalize. Such language is inappropriate for anyone, anywhere.You’ll find no such language in the majority of comments and absolutely none in Robert Spencer’s writings or talks.
It is a pity that America’s casual language is degenerating. However if you think Islam will improve it, go watcn Pamela Geller’s address, on YouTube, at Brooklyn City College and listen to what is coming from the mouths of Muslims.
JawsV says
I couldn’t care less about Muslims, lebel. I’ve detested Muslims and Islam since 9/11. And they’re still mass-murdering us 16 years later (through 2017). Islam’s a curse and plague on the planet.
LeftisruiningCanada says
Islam calls every unbeliever ‘najis:
“According to the Islamic laws, the a`yan najisah are nine in number. The nine a`yan najisah can be divided into four groups as follows:
Inherantly unclean things:
i. Common between Men & Animal:
1. urine;
2. stool;
3. semen;
4. blood;
5. corpses;
ii. In Animals only:
6. dogs;
7. pigs;
iii. In Man only:
8. kafir;
https://www.al-islam.org/ritual-and-spiritual-purity-sayyid-muhammad-rizvi/i-najasat-taharat
Notice that we all here are in the same category as shit.
Why did you not complain about this, before becoming so full of zeal, lebel?
LeftisruiningCanada says
Admittedly that’s a shia understanding of the concept.
Norger says
Excellent point. I’m not defending the language, but as Graven notes above, there’s a huge difference between offensive speech and speech that is deserving of criminal prosecution. Islam’s teachings about non-Muslims are about as offensive as speech can get. I doubt lebel has the slightest understanding of what the word “kuffir” means and how degrading and dehumanizing that term really is.
gravenimage says
No one is defending this language.
Considering language to be rude and believing the state should prosecute the use of such language is miles apart, though.
If someone used such language against members of any other group–including groups I belong to–I don’t think the state should prosecute, either.
How is this in any way inconsistent? Of course, it is not.
AleX says
@lebel
‘We note, reading jihadwatchers comments that it is absolutely OK to call all muslims filthy shit’.
You are a liar. This was NOT a jihadwatcher’s comment, it belonged to that Californian in question in this article.
And secondly, allow me to counter your simplicity with the most annoying arguments same muzlims you defend use all the time: the NOT ALL argument.
Not all reasonable fellows consider muzlims as being filthy shit. Not all!
duh swami says
California really needs to slit…If you prefer living under sharia law move south of Sacramento…
Fatts says
Not surprising that the flakiest state in America is enforcing sharia but still shameful nevertheless.
Ray Jarman says
If I were Pam Geller, I would use this law in an attempt to show the country the remarks that Linda Sarsour has directed towards her. I can’t believe that this law has not been litigated in the U.S. Supreme Court as since when can I not tell someone to their face what I think of him or her? If this is taken to its logical conclusion, any time someone states a fact about someone else or an organization such as the SPLC, the person or organization like FOX, AP or any other news corporation would be in court every day and the judicial system would collapse.
SoCalMike says
The ACLJ and the ACLU should take this case pro bono.
If someone did the same thing to Jews or Christians no one especially the Left would care or bat an eye but the political Left is in bed with Islamic Jihad because the Left are traitors.
gravenimage says
California charges man for sending Islamocritical posts to Islamic Center of Southern California
……………………..
Nothing Mark Feigin was incorrect.
gravenimage says
Nothing Mark Feigin wrote was incorrect.
Carlos Danger says
Tell the truth and shame the Devil.
We should be thankful for the truth-tellers and others willing to speak truth to power.
Where the hell is the ACLU?
larry says
The whole state of California annoys me.
TheBuffster says
Whoa! Now wait a minute. If someone makes repeated harassing phone calls, that’s one thing because it’s actually intrusive and it’s a hassle to block them. That *should* be a misdemeanor. But if it’s on social media, you can easily block that person, so what’s the big deal?
Carolyne says
I believe this law as it is being applied is a violation of the Constitution and if this case is not thrown out of court, it will go all the way to the Supremes who have not yet indicated they are going to ban free speech.
janwoG says
Hunt down Leftist and progressive Liberals as traitors of the nation.
Isa Ibn Maryam says
Colorful, but correct nonetheless.
Gee says
So that means I can get the Attorney General of California to charge every single Islamofascist that quotes the Hadith Sahih Muslim, Book 41, Number 6985
“Judgment Day will not come before the Muslims fight the Jews, and the Jews will hide behind the rocks and the trees, but the rocks and the trees will say: Oh Muslim , oh servant of Allah, there is a Jew behind me, come and kill him – except for the gharqad tree, which is one of the trees of the Jews.”
Guy Macher says
So, it’s offensive to some people to call Mohamed a criminal pervert? Too bad.
emmett says
STALINIST, NAZIS AND MOSLEMS WERE AND ARE ALLIES !!!! So lets all be really really really courteous to KALIFORNICA & MOSLEMS by shoving a really really really big fat narrlly BURR UP THEIR AZZ ! Get their facebook , e-mail and any other social media and let fly your creativity . But don’t use U. S. Mail or a phone and no threats ! Make so much noise, that they give up . And remember, this at least lets us know who the COLLABORATORS are !
Merkexit says
The recipient never complained and had the ability to block his comments after getting the first one.
So terribly harassed that they had to read five messages before taking action, and then they call the cops?
Islam and Muslims don’t really understand that if this standard was applied to them and their cult the law and lawsuits would break heavy on their heads.
Islam is Evil and should be banned as a violent cult whose fundamental writings are prejudiced and call for violence, which does follow…
Actually a criminal conspiracy to support terrorists and undermine the USA.
We have a right to self defense, using words also.