DOCSLIB.ORG

In the Supreme Court of the United States

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Supreme Court of the United States NO. In the Supreme Court of the United States PAMELA GELLER AND ROBERT B. SPENCER, Petitioners, v. UNITED STATES PATENT AND TRADEMARK OFFICE, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Federal Circuit PETITION FOR WRIT OF CERTIORARI DAVID E LIEZER Y ERUSHALMI Counsel of Record AMERICAN FREEDOM LAW CENTER 1901 PENNSYLVANIA AVE. N.W. SUITE 201 WASHINGTON, D.C. 20006 (646) 262-0500 [email protected] ROBERT JOSEPH MUISE AMERICAN FREEDOM LAW CENTER P.O. BOX 131098 ANN ARBOR, MI 48113 (734) 635-3756 [email protected] Counsel for Petitioners Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTIONS PRESENTED Petitioners’ application to trademark “STOP THE ISLAMISATION OF AMERICA” was denied as disparaging based on the United States Patent and Trademark Office’s assessment of the viewpoint of Petitioners’ political speech generally related to Islam and not how a substantial composite of the referenced group understood the meaning of the mark itself, thereby creating a chilling effect on core political speech. 1. May the United States Patent and Trademark Office refuse a trademark registration for a mark because the Office understands the mark to be disparaging in violation of § 2(a) of the Trademark Act based upon the Office’s interpretation of the viewpoint of the trademark applicant’s political speech related tangentially to the subject of the mark? 2. Did the court of appeals err by utilizing a standard of review for the “ultimate registrability” of Petitioners’ mark that (a) conflicts with the standard utilized by the majority of circuits that have addressed this issue, and (b) is both illogical in theory and muddled in practice? ii PARTIES TO THE PROCEEDING The Petitioners are Pamela Geller and Robert B. Spencer. The Respondent is the United States Patent and Trademark Office. iii TABLE OF CONTENTS QUESTIONS PRESENTED................... i PARTIES TO THE PROCEEDING ............. ii TABLE OF AUTHORITIES................... v OPINIONS BELOW ......................... 1 JURISDICTION ............................ 1 STATUTORY AND CONSTITUTIONAL PROVISIONS INVOLVED.................... 1 STATEMENT OF THE CASE ................. 1 REASONS FOR GRANTING THE PETITION .... 5 I. The Federal Circuit’s Use of the Viewpoint of an Applicant’s Political Speech to Define the Mark Violates this Court’s First Amendment Precedent and Will Chill Political Speech of Trademark Applicants Touching upon Sensitive Religious, Political, and Social Issues......... 6 II. The Federal Circuit’s Standard of Review, which Is at Odds with a Majority of the Circuits that Have Addressed the Issue, Is Ambiguous in Theory and Incoherently Applied in Practice, Rendering It Meaningless................. 14 CONCLUSION ............................ 27 APPENDIX Appendix A Opinion of the United States Court of Appeals for the Federal Circuit (May 13, 2014) ...............App. 1 iv Appendix B Decision of the United States Patent and Trademark Office (February 7, 2013) ...........App. 15 Appendix C S. Hrg. 110-942 The Roots of Violent Islamist Extremism and Efforts to Counter it (July 10, 2008) ..............App. 45 Appendix D Report of Zeyno Baran, Senior Fellow and Director of Center for Eurasian Policy, Hudson Institute .....App. 161 Appendix E Definition and News Articles...................App. 192 v TABLE OF AUTHORITIES CASES Aktiebolaget Electrolux v. Armatron Int’l, Inc., 999 F.2d 1 (1st Cir. 1993) ................. 16 Am. Home Prods. Corp. v. Barr Labs., Inc., 834 F.2d 368 (3d Cir. 1987) ................ 16 Anderson v. Creighton, 483 U.S. 635 (1987) ...................... 22 In re Becton, Dickinson & Co., 675 F.3d 1368 (Fed. Cir. 2012) .............. 7 In re Blvd. Entm’t, 334 F.3d 1336 (Fed. Cir. 2003) .......... 3-4, 7 Bouchikhi v. Holder, 676 F.3d 173 (5th Cir. 2012) ............... 25 Boumediene v. Bush, 553 U.S. 723 (2008) ...................... 25 Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) ...................... 12 Connick v. Myers, 461 U.S. 138 (1983) ...................... 10 Dickinson v. Zurko, 527 U.S. 150 (1999) ...................... 22 Frederick Gash, Inc. v. Mayo Clinic, 461 F.2d 1395 (C.C.P.A. 1972) ............. 15 In re Gyulay, 820 F.2d 1216 (Fed. Cir. 1987) .............. 7 vi Harjo v. Pro-Football, Inc., 50 U.S.P.Q.2d 1705 (T.T.A.B. 1999), rev’d on other grounds, 284 F. Supp. 2d 96 (D.D.C. 2003) ............ 9 Harlow v. Fitzgerald, 457 U.S. 800 (1982) ................... 21, 22 Hasbro, Inc. v. Lanard Toys, Ltd., 858 F.2d 70 (2d Cir. 1988) ................. 17 Jet, Inc. v. Sewage Aeration Sys., 165 F.3d 419 (6th Cir. 1999) ............... 17 Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 384 (1993) .................... 3, 11 In re Lebanese Arak Corp., 94 U.S.P.Q.2d 1210 (T.T.A.B. 2010) .......... 9 Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352 (9th Cir. 1985) .............. 16 Makir-Marwil v. United States AG, 681 F.3d 1227 (11th Cir. 2012) ............. 25 Marathon Mfg. Co. v. Enerlite Prods. Corp., 767 F.2d 214 (5th Cir. 1985) ............... 16 In re Mavety Media Grp., 33 F.3d 1367 (Fed. Cir. 1994) .......... passim Mut. of Omaha Ins. Co. v. Novak, 836 F.2d 397 (8th Cir. 1987) ............... 16 N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964) ...................... 10 vii NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982) .................... 3, 10 In re Pacer Tech., 338 F.3d 1348 (Fed. Cir. 2003) .............. 7 Pizzeria Uno Corp. v. Temple, 747 F.2d 1522 (4th Cir. 1984) .............. 16 Presbyterian Church of Sudan v. Talisman Energy, Inc., 453 F. Supp. 2d 633 (S.D.N.Y. 2006) ......... 25 Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96 (D.D.C. 2003) ................ 9, 16, 17, 22, 24 R.A.V. v. St. Paul, 505 U.S. 377 (1992) ...................... 11 Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (1995) ...................... 12 In re Ross, 140 U.S. 453 (1891) ...................... 26 Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423 (7th Cir. 1985) .............. 16 United States v. Stevens, 559 U.S. 460 (2010) ...................... 12 Weiss Assocs., Inc. v. HRL Assocs. Inc., 902 F.2d 1546 (Fed. Cir. 1990) ............. 15 viii CONSTITUTION AND STATUTES U.S. Const. amend. I.................... passim 15 U.S.C. § 1052(a) ..................... passim 15 U.S.C. § 1052(d) ................... 15, 16, 26 15 U.S.C. § 1052(e)(1) ........................ 7 15 U.S.C. § 1052(e)(5) ........................ 7 28 U.S.C. § 1254(1) .......................... 1 RULES Sup. Ct. R. 10(a) ............................ 6 Sup. Ct. R. 10(c)............................. 6 OTHER AUTHORITY Philip N. Howard & Muzammil M. Hussain, Democracy’s Fourth Wave?: Digital Media and the Arab Spring (Oxford Univ. Press 2013) . 21 1 PETITION FOR WRIT OF CERTIORARI OPINIONS BELOW The opinion of the court of appeals appears at App. 1-14 and is reported at 751 F.3d 1355. The opinion of the Trademark Trial and Appeal Board appears at App. 15-55 and can be found at 2013 TTAB LEXIS 67 (Trademark Trial & App. Bd. Feb. 7, 2013). JURISDICTION The judgment of the court of appeals was entered on May 13, 2013. App. 1. This petition was filed on August 11, 2014. The jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1). STATUTORY AND CONSTITUTIONAL PROVISIONS INVOLVED Section 2(a) of the Trademark Act provides that the United States Patent and Trademark Office may refuse an application when the trademark “[c]onsists of or comprises . matter which may disparage . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” 15 U.S.C. § 1052(a). The Free Speech Clause of the First Amendment provides, “Congress shall make no law . abridging the freedom of speech.” U.S. Const. amend. I. STATEMENT OF THE CASE Petitioners filed the STOP THE ISLAMISATION OF AMERICA (“Mark”) Mark Registration Application with the United States Patent and Trademark Office (“PTO”) on February 21, 2010. App. 15-16. The PTO 2 refused to register the Mark based upon its view that the meaning of the Mark “consists or includes matter which may disparage or bring into contempt persons, institutions, beliefs or national symbols” in violation of § 2(a) of the Trademark Act, 15 U.S.C. § 1052(a). App. 16. The decision of the PTO was timely appealed to the Trademark Trial and Appeal Board (“Board”). The Board upheld the PTO’s refusal to register the Mark by interpreting the viewpoint of Petitioner’s political speech indirectly related to the Mark in such a way that “Islamisation” was understood to mean all things Islamic.1 The essence of the logic of the Board is that Islamisation means all things Islamic and “Stop” in the context of services (i.e., educating the public about terrorism) related to the Mark disparages Muslims because together they suggest Islam should be “stopped” due to its connection with terrorism. App. 18-20. The Board also found that there was evidence that “Islamisation” carries a second meaning—the meaning advanced by Petitioners through the Mark.2 Petitioners have argued consistently that Islamisation has only one meaning in public discourse and in the context of the use of the Mark. Specifically, the Mark does not mean all things Islamic but rather a very 1 The Board and the parties treated “Islamisation” with the letter “s” and “Islamization” with the letter “z” as alternative spellings of the same word. App. 2. 2 The PTO and the Board considered the word “Islamize” to be the verb form of “Islamisation.” App. 18 (citing to the record located at App. 192). 3 dangerous politicization of Islam where Islamic law supplants secular constitutional law and civil liberties in political society and creates the ideological breeding ground for what is commonly referred to as “Islamic terrorism,” or what might be more accurately termed “terrorism carried out in the name of Islam.” App.
Load more

Recommended publications
  • Chapter 4 the Right-Wing Media Enablers of Anti-Islam Propaganda
    Chapter 4 The right-wing media enablers of anti-Islam propaganda Spreading anti-Muslim hate in America depends on a well-developed right-wing media echo chamber to amplify a few marginal voices. The think tank misinforma- tion experts and grassroots and religious-right organizations profiled in this report boast a symbiotic relationship with a loosely aligned, ideologically-akin group of right-wing blogs, magazines, radio stations, newspapers, and television news shows to spread their anti-Islam messages and myths. The media outlets, in turn, give members of this network the exposure needed to amplify their message, reach larger audiences, drive fundraising numbers, and grow their membership base. Some well-established conservative media outlets are a key part of this echo cham- ber, mixing coverage of alarmist threats posed by the mere existence of Muslims in America with other news stories. Chief among the media partners are the Fox News empire,1 the influential conservative magazine National Review and its website,2 a host of right-wing radio hosts, The Washington Times newspaper and website,3 and the Christian Broadcasting Network and website.4 They tout Frank Gaffney, David Yerushalmi, Daniel Pipes, Robert Spencer, Steven Emerson, and others as experts, and invite supposedly moderate Muslim and Arabs to endorse bigoted views. In so doing, these media organizations amplify harm- ful, anti-Muslim views to wide audiences. (See box on page 86) In this chapter we profile some of the right-wing media enablers, beginning with the websites, then hate radio, then the television outlets. The websites A network of right-wing websites and blogs are frequently the primary movers of anti-Muslim messages and myths.
    [Show full text]
  • USAF Counterproliferation Center CPC Outreach Journal #725
    USAF COUNTERPROLIFERATION CENTER CPC OUTREACH JOURNAL Maxwell AFB, Alabama Issue No. 725, 30 June 2009 Articles & Other Documents: Russia, U.S. to Sign Military Cooperation Deal during U.S. SouthCom Head Warns of Iranian Influence in Obama Trip Region Defence Black Hole 'May Finish Trident' West Hopes for Restart of Multilateral Talks with Iran on Nuke Issue Soon: Solana £20billlion Plan to Replace Britain's Nuclear Missile Ahmadinejad Role Downplayed System Faces the Axe US-Russia Report on Scrapping Nuclear Weapons to Be Britain Gets Ready for Cyber-War Unveiled Mullen "Encouraged" by Progress in START New Cyber-Security Unit for GCHQ, Young Ex-hackers Negotiations to be Staff S. Korea to Bolster Assets against N. Korean Nuclear, U.S. and Russia Differ On a Treaty for Cyberspace Missile Threats N. Korea yet to Change Behavior despite Pressure: U.S. Documents Back Saudi Link to Extremists Official N. Korea Threatens to Shoot Down Japanese Obama Officials Fight Saudi-Qaida-9/11 Revelation Surveillance Planes Uranium Gives N Korea Second Way to Make Bombs N. Africa Qaeda Says it shot American in Mauritania DPRK's Nuclear Weapons Not to Threaten Others: Turks Increasingly Turn to Islamic Extremism Newspaper South Korea Getting U.S. Missiles to Boost Defences: Nuclear Hide and Seek Report N Korea Criticizes US Missile Defense for Hawaii Our Decaying Nuclear Deterrent N. Korea Enriching Uranium as Leader's Health May be Target: Hawaii Relapsing: S. Korea Welcome to the CPC Outreach Journal. As part of USAF Counterproliferation Center’s mission to counter weapons of mass destruction through education and research, we’re providing our government and civilian community a source for timely counterproliferation information.
    [Show full text]
  • Title:​ Never Forget: Ground Zero, Park51, and Constitutive Rhetorics
    Title:​ Never Forget: Ground Zero, Park51, and Constitutive Rhetorics Author:​ Tamara Issak Issue:​ 3 Publication Date:​ November 2020 Stable URL: http://constell8cr.com/issue-3/never-forget-ground-zero-park51-and-constitutive-rh etorics/ constellations a cultural rhetorics publishing space Never Forget: Ground Zero, Park51, and Constitutive Rhetorics Tamara Issak, St. John’s University Introduction It was the summer of 2010 when the story of Park51 exploded in the news. Day after day, media coverage focused on the proposal to create a center for Muslim and interfaith worship and recreational activities in Lower Manhattan. The space envisioned for Park51 was a vacant department store which was damaged on September 11, 2001. Eventually, it was sold to Sharif El-Gamal, a Manhattan realtor and developer, in July of 2009. El-Gamal intended to use this space to build a community center open to the general public, which would feature a performing arts center, swimming pool, fitness center, basketball court, an auditorium, a childcare center, and many other amenities along with a Muslim prayer space/mosque. Despite the approval for construction by a Manhattan community board, the site became a battleground and the project was hotly debated. It has been over ten years since the uproar over Park51, and it is important to revisit the event as it has continued significance and impact today. The main argument against the construction of the community center and mosque was its proximity to Ground Zero. Opponents to Park51 argued that the construction of a mosque so close to Ground Zero was offensive and insensitive because the 9/11 attackers were associated with Islam (see fig.
    [Show full text]
  • Ge.05-14028 -2
    Distr. LIMITED E/CN.4/2005/INF.1 Distr. GENERAL E/CN.4/2005/INF.1 21 April 2005 ENGLISH/FRENCH/SPANISH COMMISSION ON HUMAN RIGHTS SIXTY-FIRST SESSION LIST OF ATTENDANCE ARGENTINA Representante: Sr. Alberto J. DUMONT Sr. Sergio CERDA Suplentes: Sr. Federico VILLEGAS BELTRAN Sra. Andrea REPETTI ARMENIA Representative: Mr. Zohrab MNATSAKANIAN Members: Mr. Artak APITONIAN Ms. Marta AYVAZYAN Mr. Levon MINASYAN Ms. Lilit SHAKARYAN Ms. Aline DEDEYAN Mr. Suren BAGHDASARYAN Ms. Ani GASPARYAN Mr. Gagik SARGSYAN GE.05-14028 -2- AUSTRALIA Representative: Mr. Mike SMITH Members: Ms. Marise PAYNE Mr. Richard SADLEIR Ms. Amanda GORELY Mr. James CHOI Ms. Julia FEENEY Ms. Lara NASSAU Mr. Mark SAWERS Ms. Rachel MOSELEY Ms. Clare STODDART Mr. Keir MACDONALD Ms. Rebecca LAMBERT Ms. Caroline MILLAR Mr. Andrew PORTER Mr. Richard SADLEIR BHUTAN Mr. Sonam T. RABGYE Representative: Ms. Kunzang C. NAMGYEL Alternate: Mr. Yeshey DORJI Members: Mr. Sonam WANGCHUK Mr. Chitem TENZIN BRAZIL Representative: Mr. Nilmario MIRANDA Alternate: Mr. Luiz Felipe DE SEIXAS CORRÊA Members: Mr. Carlos Antônio DA ROCHA PARANHOS Ms. Maria Luisa VIOTTI Mr. Antônio C.N. PEDRO Mr. Paulino Franco DE CARVALHO NETO Mr. Alan SELLOS -3- Ms. Maria Rita FONTES FARIA Ms. Claudia DE ANGELO BARBOSA Mr. Pedro Marcos DE CASTRO SALDANHA Ms. Luciana MANCINI Ms. Regiane Mara GONÇALVES DE MELO Mr. Christiano Savio BARROS FIGUEROA Ms. Andrea GIOVANNETTI Mr. Sergio RENAULT Mr. Mércio PEREIRA GOMES Ms. Marcia Maria ADORNO CAVALCANTE RAMOS BURKINA FASO Mme Monique ILBOUDO Représentante: M. Michel KAFANDO Suppléant: M. Moussa B. NÉBIÉ Membres: Mme Assétou TOURÉ M. François BADO DE SALLES M.
    [Show full text]
  • 9/11 Families for a Safe & Strong America Www
    9/11 Families for a Safe & Strong America www.911familiesforamerica.org The Honorable Tom Coburn, M.D United States Senate February 9, 2012 Dear Senator Coburn: As family members of the victims of the September 11, 2001 attacks, we are deeply disappointed with your decision to put a procedural hold on the National September 11 Memorial & Museum Act of 2011 (S.1537), effectively killing the proposed legislation that would provide federal funding to this vital organization. We understand that over the years you have consistently taken such action on so-called earmarks which are not accompanied by budget off-sets. We sincerely appreciate and share your concern about the country's alarming debt problem and agree that our children and grandchildren shouldn't have to foot the bill for the spending we engage in today. However, the 9/11 memorial and museum is not a local extravagance aimed at benefiting a few today at the expense of the many tomorrow. The attacks of September 11, 2001 may have centered in New York, Virginia and Pennsylvania, but they were experienced by all Americans and were viewed as an attack on the entire country. The 9/11 memorial and museum is a national project which will tell the comprehensive story of 9/11 and commemorate the victims of the three attack sites, as well as the victims of the 1993 World Trade Center bombing. Those of us who lost loved ones on 9/11 feel an urgent duty to our children, grandchildren and future generations to preserve the history of that day, to faithfully convey the catastrophic nature and emotional impact of the attacks--witnessed in real time--on the nation and the world.
    [Show full text]
  • Recent Reactions WHAT’S INSIDE DETOUR to Religious Debate a Look Into the Soul-Search- Ing Memoir Eat Pray Love Collection of Facts and Opinions Regarding the
    Vol. 88 Issue 5 September 9, 2010 Recent reactions WHAT’S INSIDE DETOUR to religious debate A look into the soul-search- ing memoir Eat Pray Love Collection of facts and opinions regarding the ........................................4 constructions of the Islamic community center near ground zero. OPINION See RESPONSES, page 3 How to tell he is not that into you ........................................6 SPORTS Wrestling program receives second wind ........................................8 dailytitan.com The Student Voice of California State University, Fullerton TOLERANCE IN QUESTION Controversy raised regarding the construction of an Islamic community center as the ninth anniversary of the Sept. 11 attacks approaches Islamic holy day Tension escalates over building of center smoking, sex, alcohol, etc. It ALYSSA WEJEBE was previously called Cordoba House in hon- ing the cultural center, said in an Op-Ed for the Muslims impose dis- teaches you patience and helps Staff Writer or of the city that was ruled by Muslims from New York Times that the construction of the you understand the pain that the eighth to 13th centuries. Now it is named community center would continue. cipline, seek spiritual those who are less fortunate Park51, after the project’s location two blocks “Our broader mission — to strengthen rela- reflection may have to endure.” The United States has been embroiled in a from the old World Trade Center. tions between the Western and Muslim worlds Amiwala attends her mosque controversial debate over plans to build an Is- Imam Feisal Abdul Rauf, the leader advocat- and to help counter radical ideology — lies not ALLY BORDAS in Corona on a daily basis.
    [Show full text]
  • 2005-04-07.Pdf
    SI3 f'l *********«CAR-RT LOT»*C015 t 3 Wl SIFIELI) MEMORIAL LIBRARY 550 fc BROAD ST WESTHEID NJ 07090-2116 07090211650 IWMaWBHWBlgl 3b flopiilos. ilon abmis. tkrbrmmus LSPS MMNI2II I’ublKhi^l t im Ihurvlm Mint Vplrm hrr .3, UNO OUR 115th YEAR - ISSUE NO. 14-2005 Thursday, April 7,2005 (908) 232-4407 Periodical - Postage Paid at Westfield, N J. ww w .goleader.com press («' goieader.com SIXTY CENTS Five BOE Hopefuls Face-Off In Candidates Night Forum By El) COONEY Steven Dorry noted that "excellence more, involvement with the commu­ Specialty Written for The Westfield tedder comes at a price." and that “we have nity. WESTFIELD - All five candi­ to pay teachers what they’re worth." Ms. Ormsby-Cary suggested a dates running for seats on the He also said that teacher salaries policy be put in place mandating that Westfield Board of Education (BOE) fixed by the collective bargaining each guidance counselor at Westfield participated in Candidates Night at agreement currently in place, coupled High School take at least three trips a Westfield High School last Wednes­ w ith the increasing cost of special year to different universities in order day. education and insurance for teachers to foster relationships advantageous The event, hosted by the Westfield and staff, make it difficult to keep to Westfield students seeking admis­ League of Women Voters, gave the spending down. sion. candidates an opportunity to answer Gary McCready, another challenger Ms. Ormsby-Cary. who has expe­ questions on several important issues for one of the three available seats on rience in the field of public relations, sutrounding this year's election.
    [Show full text]
  • Sixth Oic Observatory Report on Islamophobia
    Original: English SIXTH OIC OBSERVATORY REPORT ON ISLAMOPHOBIA October 2012 – September 2013 PRESENTED TO THE 40 TH COUNCIL OF FOREIGN MINISTERS Conakry, Republic of Guinea 9–11 December 2013 i OIC-CS-6th OBS-REP-Final-October-2013 TABLE OF CONTENTS FOREWORD by the OIC Secretary General 1 EXECUTIVE SUMMARY 3 INTRODUCTION 7 1: ISLAMOPHOBIA, INTOLERANCE AND DISCRIMINATION AGAINST MUSLIMS 10 2: MANIFESTATIONS OF ISLAMOPHOBIA 12 2.1. Islamophobia in USA 12 a) Islamophobia during the US Presidential Campaign 13 b) Islamophobic Ads by Pamela Geller 15 c) Islamophobia in the aftermath of the Boston Bombings 17 2.2. Islamophobia in Europe 19 a) Highlight of Islamophobic trends in Europe 20 b) Islamophobia in the Post- Woolwich murder attack 23 2.3. Islamophobia in the Media 25 3: SOME POSITIVE DEVELOPMENTS 27 4: OIC Initiatives and Activities to Counter Islamophobia 29 4.1. Brainstorming Session at the 39 th CFM 29 4.2. Panel of Eminent Persons for combating discrimination against Muslims 30 4.3. Istanbul Process Follow-up 31 4.4. Istanbul International Conference on Islamophobia 31 CONCLUSIONS AND RECOMMENDATIONS 33 ANNEXES . 36 A: SOME ISLAMOPHOBIC INCIDENTS 36 I. Incidents Related to Mosques 36 II. Desecration of Muslim Graves 53 III. Political and Social Campaigns against Islam and Muslims 54 IV. Intolerance against Islam and its Sacred Symbols 63 ii OIC-CS-6th OBS-REP-Final-October-2013 V. Discrimination against Muslim Individuals in Educational Institutions, Workplaces, Airports, etc 71 VI. Incidents Related to Hijab (Veil) 79 B: CFM RES. NO 41/39-P ON AN OIC APPROACH FOR COMBATING DISCRIMINATION AND INTOLERANCE AGAINST MUSLIMS 84 C: STATEMENT BY H.E.
    [Show full text]
  • Donald Trump, the Changes: Aanti
    Ethnic and Racial Studies ISSN: 0141-9870 (Print) 1466-4356 (Online) Journal homepage: https://www.tandfonline.com/loi/rers20 Donald Trump, the anti-Muslim far right and the new conservative revolution Ed Pertwee To cite this article: Ed Pertwee (2020): Donald Trump, the anti-Muslim far right and the new conservative revolution, Ethnic and Racial Studies, DOI: 10.1080/01419870.2020.1749688 To link to this article: https://doi.org/10.1080/01419870.2020.1749688 © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 17 Apr 2020. Submit your article to this journal Article views: 193 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=rers20 ETHNIC AND RACIAL STUDIES https://doi.org/10.1080/01419870.2020.1749688 Donald Trump, the anti-Muslim far right and the new conservative revolution Ed Pertwee Department of Sociology, London School of Economics, London, UK ABSTRACT This article explores the “counter-jihad”, a transnational field of anti-Muslim political action that emerged in the mid-2000s, becoming a key tributary of the recent far- right insurgency and an important influence on the Trump presidency. The article draws on thematic analysis of content from counter-jihad websites and interviews with movement activists, sympathizers and opponents, in order to characterize the counter-jihad’s organizational infrastructure and political discourse and to theorize its relationship to fascism and other far-right tendencies. Although the political discourses of the counter-jihad, Trumpian Republicanism and the avowedly racist “Alt-Right” are not identical, I argue that all three tendencies share a common, counterrevolutionary temporal structure.
    [Show full text]
  • The Value of Claiming Torture: an Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W
    Case Western Reserve Journal of International Law Volume 43 | Issue 1 2010 The alueV of Claiming Torture: An Analysis of Al- Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back Michael J. Lebowitz Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael J. Lebowitz, The Value of Claiming Torture: An Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W. Res. J. Int'l L. 357 (2010) Available at: https://scholarlycommons.law.case.edu/jil/vol43/iss1/22 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. File: Lebowitz 2 Created on: 1/9/2011 9:48:00 PM Last Printed: 4/5/2011 8:09:00 PM THE VALUE OF CLAIMING TORTURE: AN ANALYSIS OF AL-QAEDA’S TACTICAL LAWFARE STRATEGY AND EFFORTS TO FIGHT BACK Michael J. Lebowitz* I. INTRODUCTION ..................................................................................... 357 II. CLAIMING TORTURE TO SHAPE THE BATTLEFIELD .............................. 361 A. Tactical Lawfare ........................................................................... 362 B. Faux Torture ................................................................................. 364 C. The Torture Benchmark ...............................................................
    [Show full text]
  • Hizb Ut-Tahrir Ideology and Strategy
    HIZB UT-TAHRIR IDEOLOGY AND STRATEGY “The fierce struggle… between the Muslims and the Kuffar, has been intense ever since the dawn of Islam... It will continue in this way – a bloody struggle alongside the intellectual struggle – until the Hour comes and Allah inherits the Earth...” Hizb ut-Tahrir The Centre for Social Cohesion Houriya Ahmed & Hannah Stuart HIZB UT-TAHRIR IDEOLOGY AND STRATEGY “The fierce struggle… between the Muslims and the Kuffar, has been intense ever since the dawn of Islam... It will continue in this way – a bloody struggle alongside the intellectual struggle – until the Hour comes and Allah inherits the Earth...” Hizb ut-Tahrir The Centre for Social Cohesion Houriya Ahmed & Hannah Stuart Hizb ut-Tahrir Ideology and Strategy Houriya Ahmed and Hannah Stuart 2009 The Centre for Social Cohesion Clutha House, 10 Storey’s Gate London SW1P 3AY Tel: +44 (0)20 7222 8909 Fax: +44 (0)5 601527476 Email: [email protected] www.socialcohesion.co.uk The Centre for Social Cohesion Limited by guarantee Registered in England and Wales: No. 06609071 © The Centre for Social Cohesion, November 2009 All the Institute’s publications seek to further its objective of promoting human rights for the benefit of the public. The views expressed are those of the author, not of the Institute. Hizb ut-Tahrir: Ideology and Strategy By Houriya Ahmed and Hannah Stuart ISBN 978-0-9560013-4-4 All rights reserved The map on the front cover depicts Hizb ut-Tahrir’s vision for its Caliphate in ‘Islamic Lands’ ABOUT THE AUTHORS Houriya Ahmed is a Research Fellow at the Centre for Social Cohesion (CSC).
    [Show full text]
  • In the United States Court of Appeals for the Second Circuit ______
    Case 15-1997, Document 33, 08/21/2015, 1582284, Page1 of 90 15-1997 In the United States Court of Appeals for the Second Circuit ______________ AMERICAN FREEDOM DEFENSE INITIATIVE, PAMELA GELLER, ROBERT SPENCER, Plaintiffs-Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY, (“MTA”), THOMAS F. PRENDERGAST, individually and in his official capacity as the Director of the MTA Real Estate Department, JEFFREY B. ROSEN, Individually and in his official capacity as the Director of the MTA Real Estate Department, Defendants-Appellees. __________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK HONORABLE JOHN G. KOELTL CASE NO. 14-CV-7928 (JGK) __________________________________________________________________ APPELLANTS’ BRIEF AND SPECIAL APPENDIX __________________________________________________________________ ROBERT JOSEPH MUISE, ESQ. DAVID YERUSHALMI, ESQ. AMERICAN FREEDOM LAW CENTER AMERICAN FREEDOM LAW CENTER P.O. BOX 131098 640 EASTERN PARKWAY ANN ARBOR, MICHIGAN 48113 SUITE 4C (734) 635-3756 BROOKLYN, NEW YORK 11213 (646) 262-0500 Attorneys for Plaintiffs-Appellants Case 15-1997, Document 33, 08/21/2015, 1582284, Page2 of 90 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Plaintiff- Appellant American Freedom Defense Initiative (AFDI) states as follows: AFDI is a nonprofit corporation. AFDI has no parent, subsidiary, or affiliated corporation, and no public entity, including any publicly held corporation, has any ownership interest
    [Show full text]