Wednesday, July 22, 2009

Two victories to report !

( I called the first Republican I found,, LOL,, and I am not even American. The aide on
the phone, was hugely impressed, someone from another country would call. )

I actually talked his ear off,, for quite awhile,, giving him a lesson in the echatology of the doomsday cult,, the 12Ver's.

He also was HEARTBROKEN,, to see those BRAVE KIDS!!!! in Iran, fighting for FREEDOM,, that we all take for granted here in Western Civilization.

Was a great chat,, I know he will remember me,, GRIN!!!

So, anyone in ANY country, can help our fellow "advanced civilization" members, by getting involved in the action alerts.

doin' the happy dance,, 2 victories,, for all us Infidels,, YAYYYY!!!!!


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TWO VICTORIES TO REPORT !!


• Senate Amendment #1628 Passes

• Victory Over “Legal
Jihad”

Yesterday we emailed you a Legislative Action Alert urging ACT!
for America members to contact their U.S. Senators and ask for their
support of amendment #1628. This amendment sent a loud and clear message
to Iran that the Senate was expecting Iran to stop its nuclear enrichment
and come into compliance with the Nuclear Non-Proliferation Treaty. The
amendment called for additional sanctions against Iran if it failed to do
so.

We are pleased to
report that yesterday afternoon the amendment passed! Thank you to each of
you who called your Senator(s) and asked for their vote on this important
amendment.

We are also delighted to pass along to you the news of
Joe Kaufman’s victory over a group of Islamic organizations that had
sought to make an “example” of him in the courts.


With the
help of our friends at the Thomas More Law Center, the defamation lawsuit
filed by the seven Islamic organizations was rejected by the full Texas
Second Court of Appeals (see WorldNetDaily story below).

This is
not only a victory for Joe Kaufman — it’s a victory for free speech, a
free press, and a victory over “legal jihad.”

Congratulations,
Joe! Congratulations, Thomas More Law Center!






LAW OF THE LAND

WorldNetDaily Exclusive

Online journalist
wins victory over 'legal jihad'

Court rebuffs
defamation suit from swarm of Muslim organizations





Posted: July 18, 2009
12:30 am Eastern


By
Drew Zahn




WorldNetDaily





Joe Kaufman
The full Texas Second Court of
Appeals yesterday rejected an attempt by a coalition of seven Islamic
organizations to further their defamation lawsuit against an online writer
and have him branded as less than a "real" journalist.

As
WND reported
, after Joe Kaufman wrote an
article for the online FrontPage Magazine
exposing terrorist
connections in two American Muslim groups, he was sued by a swarm of
Islamic organizations, none of which he had even mentioned in his article.



The lawsuit technique is called by some "legal jihad" or "Islamist
lawfare," and the
Thomas More Law
Center
, which is representing Kaufman in the lawsuit, claims Muslim
advocates are using the strategy to bully online journalists into silence.


"The lawsuit against
Kaufman was funded by the Muslim Legal Fund for America. The head of that
organization, Khalil Meek, admitted on a Muslim radio show that lawsuits
were being filed against Kaufman and others to set an example," claims a
Thomas More statement on the case.
"Indeed, for the last several
years, Muslim groups in the U.S. have engaged in the tactic of filing
meritless lawsuits to silence any public discussion of Islamic terrorist
threats."

And though a three-judge panel of the court
had
unanimously dismissed the case
, the Islamic groups sought an "en banc"
opinion, meaning a ruling from the entire court of seven justices.


The Texas Second Court of Appeals, however, issued a "per curiam,"
or entire court, opinion yesterday, upholding the panel's decision to
dismiss the lawsuit.

Richard Thompson, president and chief counsel
of the Thomas More Law Center, commented in a statement, "It is gratifying
to see our client's First Amendment rights being upheld by this entire
Texas Appeals Court. We do not yet know if these Islamic groups will try
another appeal to the Texas Supreme Court, but this ruling is an
indication of how strong this First Amendment case is."

As WND
reported
, Kaufman's troubles began in 2007, when he wrote the article
criticizing two Islamic groups for hosting a "Muslim Family Day" at Six
Flags over Texas, a Dallas-area amusement park. The Islamic Circle of
North America and the Islamic Association of North Texas, Kaufman
revealed, had funneled money to the Muslim Brotherhood, Hamas and
al-Qaida.

"While using images of cartoon characters and sponsoring
events at amusement parks may seem innocuous, the danger that the Islamic
Circle of North America poses to the United States, Canada and others is
clear," Kaufman wrote. "As a faction of the Muslim Brotherhood, the
organization looks to impose Islam on Western society, and as a donor to a
terrorist organization, the group is a willing participant in the act of
violence."

And while neither the ICNA nor the IANT claimed libel,
seven other Muslim organizations – the Islamic Society of Arlington,
Texas, Islamic Center of Irving, DFW Islamic Educational Center, Inc., Dar
Elsalam Islamic Center, Al Hedayah Islamic Center, Islamic Association of
Tarrant County and Muslim American Society of Dallas – cried foul,
bringing the defamation suit against Kaufman.

"This frivolous
lawsuit is an example of the legal jihad being waged by radical Islamic
organizations throughout our nation," Thompson said. "These lawsuits are
aimed at stifling the free speech rights of Americans who dare to expose
their agenda. They intentionally file lawsuits to intimidate reporters who
seek to expose their agenda. By making it costly to defend against their
lawsuits, they hope journalists will refrain from writing about the threat
to our nation."

The organizations suing Kaufman also asked the
court to deny him certain legal protections granted to traditional
journalists, claiming that as an Internet writer, his right to seek a
quick and inexpensive dismissal of the case didn't apply.

The case
set up a battle, not only between Islamic advocates and those that would
question their political connections, but also between organizations that
fly low under the mass media's radar, enjoying little public scrutiny, and
the burgeoning field of Internet journalism that often investigates places
the mainstream media ignores.

A three-judge panel of the Texas
Second Court of Appeals, however, not only ruled that the Muslim
organizations had no basis for claiming defamation – since Kaufman didn't
name or point to them in his article – but also declared that online
journalists do merit the same status and legal protections that their more
traditional media peers enjoy.

The opinion of the court, written
by Justice Terrie Livingston, overturned a lower court's denial of
Kaufmann's motion to dismiss the libel claim before a time-consuming and
expensive trial.

Listing seven different reasons for the court's
decision, Justice Livingston wrote, "We conclude that an Internet author's
status as a member of the electronic media should be adjudged by the same
principles that courts should use to determine the author's status under
more traditional media."

The court did not, however, uphold that
all Internet writers – such as bloggers – should be afforded the
protections traditional journalists enjoy.

Kaufman, the court
noted, has written for a variety of national publications since 1995, has
appeared on several television news networks and in writing for FrontPage
Magazine, was writing for a separate online news source with the freedom
to accept or reject his article.

The court concluded, "We believe
that these facts and circumstances, establishing Kaufman's journalistic
background and his notoriety outside of the parameters of the article and
graphic at issue and FrontPage Magazine's broad readership and its
existence as a news/commentary medium that is independent from Kaufman's
articles, are sufficient to qualify Kaufman as a member of the electronic
or print media and to qualify FrontPage Magazine as an electronic or print
medium."

Furthermore, the court ruled, that the Muslim
organizations' contention that an Internet author could "never" qualify as
a member of the media "would make as little sense as an inverse rule that
a print author (such as someone distributing their own photocopied
musings) would always qualify as such."

Yesterday's decision by
the entire court affirmed the panel's decision with few words and no
commentary, stating simply, "It is the opinion of the court that the
motion for rehearing should be and is hereby denied and that the opinion
and judgment of June 25, 2009, stand unchanged."

The Thomas More
Law Center, a national public interest law firm based in Ann Arbor, Mich.,
provided the lead attorney to represent Kaufman at no charge.





-------------------------------------------------------------------------------------------


ACT for
America

P.O. Box 12765
Pensacola, FL 32591

http://www.actforamerica.org/


ACT for America is an issues advocacy organization dedicated
to effectively organizing and mobilizing the most powerful grassroots
citizen action network in America, a grassroots network committed to
informed and coordinated civic action that will lead to public policies
that promote America’s national security and the defense of American
democratic values against the assault of radical Islam.
We are only as strong
as our supporters, and your volunteer and financial support is essential
to our success. Thank you for helping us make America safer and more
secure.






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