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‘Zombie Muhammad’ Atheist Who Was Attacked by Angry Muslim Wants ‘Shariah Ruling’ Judge Kicked Off the Bench
Every once-in-a-while a story emerges that distinguishes itself as too-good-to-be-true, but somehow — the facts seem to check out. Last October, TheBlaze reported on one of these uniquely bizarre stories when we brought you the details surrounding “Zombie Muhammad,” an atheist activist who was purportedly attacked by a Muslim during a Halloween parade in Pennsylvania.
While the assault was surprising enough in itself, the court battle that followed was equally unusual (it ended up being dismissed under curious circumstances). The crime was carried out by Talaag Elbayomy, a Muslim immigrant. According to numerous media accounts, the defendant didn’t know that it’s perfectly legal to insult the prophet in America, so when he saw Ernest Perce V dressed in his Zombie Muhammad costume, he allegedly attempted to physically stop the presentation of anti-Islamic sentiment.
After Perce notified a police officer about what unfolded, the situation intensified. Charges were brought before Cumberland County Magisterial District Judge Mark Martin but, despite an admission at the scene of the crime by Elbayomy that he had grabbed Perce’s sign and pulled his beard, the judge inevitably dismissed the charges for lack of admissible evidence.
The dismissal, itself, angered some onlookers, but the bigger issue seemed to be Martin’s courtroom rebuke of Perce. In handling the case, the judge spoke out against the atheist, telling him that he was wrong for insulting Muslims and, at one point, likening him to a “doofus.”
“What you have done is you have completely trashed their essence, their being. They find it very very very offensive,” Martin told Perce. “If I were a Muslim, I’d find it offensive. But you have that right, but you’re way outside your bounds or first amendment rights.”
Many saw these comments and the dismissal of the case as evidence that sharia (Islamic law) had crept its way into the courtroom. As a result of supposedly questionable details surrounding the dismissal, on September 10, The Legal Project, part of the Middle East Forum, filed a formal request for an investigation into Martin and his alleged judicial misconduct.
In the document that was submitted to the judicial conduct board, the group, on behalf of Perce, called for the judge’s removal from the bench. While Martin has apparently already been reprimanded privately by the Pennsylvania Judicial Conduct Board, the group that oversees judicial action considers the case closed.
Here’s footage of the original attack, as posted on YouTube:
“While Mr. Perce is aware that The Board has already issued a private rebuke of Judge Martin, as Mr. Perce is the actual victim in this matter both by physical assault and the deprivation of justice due to judicial bias, he requests that the Judicial Board of Conduct re-examine Judge Martin’s misconduct,” reads a press release put out by The Legal Project last month. ”In our estimation, the severity of Judge Martin’s judicial misconduct calls for the Judicial Board of Conduct to file formal charges which could ultimately remove Judge Martin.”
Sam Nunberg, an attorney and the director of The Legal Project, spoke with TheBlaze about this fascinating case and his organization’s call for Martin to exit the bench. He said that Perce originally came to The Legal Project for help after the case was dismissed earlier this year, as he was hoping for assistance to ensure that nothing like this would happen again.
“Why would they decide to make this a closed rebuke?,” Nunberg asked. “This is one of the most egregious incidents of a shariah law ruling in the U.S. He allowed a defendant to commit a physical assault crime on the basis of Islamic blasphemy laws.”

Zombie Muhammad (Photo Credit: YouTube)
Rather than allowing the judicial board to escape explaining the details of the rebuke, Nunberg is pushing for the nitty, gritty details. While some may dismiss the case as a fringe example of judicial activism run amok, others may defend Martin’s actions. Either way, The Legal Project worries about what this could mean for future rulings in the Pennsylvania judicial system.
“Martin has no place on the bench but his term extends to 2018,” Nunberg continued.
In its official complaint seeking an investigation of Matin, The Legal Project listed some of the other quotes that purportedly came from the judge during the contentious proceedings:
- “In many other Muslim speaking countries – excuse me, in many Arabic speaking countries – call it ‘Muslim’ – something like this is definitely against the law there. In their society, in fact, it could be punishable by death, and it frequently is, in their society.”
- “Islam is not just a religion, it’s their culture, their culture. It’s their very essence, their very being.”
- “I think our forefathers intended that we use the First Amendment so that we can speak our mind, not to piss off other people and other cultures, which is what you did.”
- “This is why we are referred to as “ugly Americans,” because we’re so concerned about our own rights we don’t care about other people’s rights.”
Martin has allegedly served three tours in the Middle East in the U.S. Armed Forces, which is where his knowledge about offending Muslims apparently originated. Some sources claim that Martin is currently overseas serving in the military, once again.
TheBlaze reached out to both Martin’s office and the judicial board for comment. While Martin was not available and a woman who answered the phone said he wouldn’t be for at least the next year, the board declined to comment. In a separate phone conversation with the judicial board, a representative merely read a statement that declared that he would not be able to comment further on the details of the case.
Despite the fact that TheBlaze wasn’t able to reach Martin or any other representatives who were willing to speak about the legal fiasco, some past comments from the judge provide a defense of his judicial actions. In March 2012, Martin defended his decision in an interview with CBN News, claiming that there was not enough evidence to find the defendant guilty.
“Just because you have First Amendment rights that allow you to say something doesn’t necessarily mean that you should always say that thing you want to say,” Martin told CBN. ”What I was trying to do in as quick of a time as I could, (is) educate the victim to try help him understand a little bit about Islam.”
The arresting officer, Police Sgt. Brian Curtis, though, was less than content with Martin’s explanation — and his ruling.
“I believe that I brought a case that showed proof beyond reasonable doubt, and the case was dismissed, and I was disappointed,” he said.
For now, Nunberg and Perce will avait a final determination, although there is a chance the board may simply ignore The Legal Project’s grievance.
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Comments (130)
Dynaryder
Posted on October 5, 2012 at 7:35pmIt’s just gonna get worse folks, I hope there are enough “awake” Americans to get Romney in and Obama into his presidential pension.
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statutoryape
Posted on October 5, 2012 at 7:53pmI encourage everyone to engage in Muslim defamation.
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blackyb
Posted on October 6, 2012 at 3:00amHe should be fired. He deserves no pension as he is not eligible to be there in the first place. He will use that pension, if he was to get one, to keep working on destroying this country.
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RobbieTLHughie
Posted on October 6, 2012 at 11:07amFewer Americans who read and comprehend basic news articles…great idea.
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XScramblerX
Posted on October 6, 2012 at 11:32amSharia pushers in the Us should be tried for treason plain and simple. When the PEOPLE revolt against this tyrannical government, and they will, these muslim hugging sharia pushing neanderthals will be roundup and prosecuted by the PEOPLE! It is our duty to keep America free! There should be a militia formed for the purpose of arresting any Constitutional violators.The president is a good example of a Constitutional violator. This judge is another. This is the EXACT reason we have a right to bear arms!! It’s time to use it!
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DeniseR55
Posted on October 6, 2012 at 5:09pmIt concerns me that the US services are teaching our soldiers that respecting Muslim is more important than protecting the Constitution and Bill of Rights of the United States of American. The oath they can is to protect and defend the US of A, right?
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NOT A CRAZY
Posted on October 7, 2012 at 1:08amTry it on The Blaze Statutory. They will censor every comment they consider over the line. Trust me.
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SUNTZU
Posted on October 7, 2012 at 10:58pmI think it’s time to burn some more Crayons
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madmemere
Posted on November 30, 2012 at 4:48amNo “presidential pension” for this impostor fraud – -straight to Fort Leavenworth stockade and a tribunal for espionage (as in spy), sabotage (F&F and Benghazi), domestic terrorism, complicity in murder, felony grand theft ($$16 TRILLION+) and a hundred other criminal acts against the USA and her citizens. Conviction for the “major charges” of espionage, sabotage bring the death penalty AND “confiscation” of ALL his property and assets! (to be returned to US Treasury whence they came).
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woodyee
Posted on October 5, 2012 at 7:28pmThis judge will lose on appeal. Furthermore his conduct warrants an investigation. I hope he gets the smock peeled off of him.
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ZengaPA65
Posted on October 5, 2012 at 7:39pmThis is year old news.
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idarusskie
Posted on October 6, 2012 at 6:31amthere will be no appeal. The case was dismissed. he could sue in civil court.
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Jenasus
Posted on October 5, 2012 at 6:57pmThe Muslims are thin skin like Obama.
They can dish it out but they can’t take it.
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coyote1hell
Posted on October 5, 2012 at 6:44pmThis is Justice under Barack Hussein Obammmer…don’t slight us Muslims said He…
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db321
Posted on October 5, 2012 at 7:04pmI often said that Atheist would one day pray for the day when Christians once walked the Earth. God said one day he would remove Lawlessness form the Earth. This means that you can turn 360 Degrees and every slight turn you see an even more extremely violent act 10 times more violent that the last. You Atheist have not seen anything yet! Get use to Muslims, they are of your father the devil you know!
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dj109
Posted on October 5, 2012 at 7:23pm@db321
As a Christian, I’m stunned, and perhaps a little impressed, that an Atheist actually had the stones to attack Islam. He’s what I call a “real Atheist.” While I don’t agree with him and his beliefs, I have to respect that he doesn’t just take the path of least resistance like most Atheists do.
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4truth2all
Posted on October 5, 2012 at 7:38pmYo DB321:
How true .. in not wanting God (truth), Islam is actually what they ask for … problem is the spirit they follow does not play fair. Hopefully some of them will get it .
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Patriot Z
Posted on October 5, 2012 at 6:37pmto judge martin: let ME educate you about islam. By your own words and admission you provided the perfect reasons on why the 1st and freedom of speech is so vitally important. to prevent theocracies like the one you apparently supported in your ruling. You are correct when you state islam is not just a religion, but also is their very essance. So i ask you how on earth can you expect a people to ever integrate fully into a new country (America) where OUR culture and system is completly and fundamentally the polar opposite of theirs? Our 2 cultures cannot coexist on in the same place at the same time and there is and can be NO middle ground. Their system demands sunjugation, our demand individual liberty. Considering you are a judge in AMERICA with the experience of seeing what islam is truly about, you should have been made aware of this simple fact. Sharia law cannot ever be allowed to exist in America. To do so would mean an end to the very things YOU SWORE AN OATH as a judge and soldier to uphold and defend with your life. You sir have FAILED and should be removed from your duties as a judge!
Jason Zeidler
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PIGSWILLNEVERFLY
Posted on October 5, 2012 at 6:49pmThis is the best article ever which explains how this happens and the consequences. “The Normative Power of Law and the Emotional Power of Drama” http://www.ace.mu.nu/archives/333303.php
Very Good Read.
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nurseheidi
Posted on October 5, 2012 at 9:40pmI wonder if he received post deployment therapy from Nadal Hassan or similar?
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ZeitgeistBuster
Posted on October 6, 2012 at 1:11am@PIGSWILLNEVERFLY,
Thank you for the link. That site is amazing. A lot of worthy secondary sites to jump to from AceOfSpades as well…
Good job for putting out the heads up!
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IOWAGIR
Posted on October 6, 2012 at 6:17amWell said Patriot Z! Thank you for your military service, Judge but your service is no longer needed. Peace!
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IOWAGIR
Posted on October 6, 2012 at 6:24amI dare SNL to do a skit on Mo-ham-id. They never will. I don’t watch Saturday Night live anymore. They’ve seen their best days already. There isn’t a problem with church lady, and they did one of the Pope on a Rope where they held him up like a puppet because he’s so old… Come on SNL I dare you!
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sgtstubbs
Posted on October 6, 2012 at 2:27pmI do feel you could be right. The Liberal or progressive movement do not change or change the Law overnight,. The do it just a little bit at a time. Small “baby steps” to get to the goal of change. They will use any means available. Look at the past and you will see the American Way being torn down.
I just have one question, just how much would you give for REAL freedom.???
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betsyyoung
Posted on October 6, 2012 at 3:17pmExcellent Jason!!!!!!
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The Gooch
Posted on October 5, 2012 at 6:27pmEmotions don’t trump rights. The judge couldn’t keep his PC training (which, oddly enough, likely came from his military experienc) out of the courtroom and needs to be removed. I’ve witnessed these rebukes. Translation: You got caught lording over the peons… we got your back, just be a little more discreet.
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TheLiberalsAreComing
Posted on October 5, 2012 at 6:24pmThis cancer of Islam is spreading throughout America and it must be stopped.
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ModerationIsBest
Posted on October 5, 2012 at 8:36pmThe cancer of following bronze age myths is more correct.
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The_Cabrito_Goat
Posted on October 6, 2012 at 11:31amAs predictable as the sun rising. If I had a dollar….
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Charbet
Posted on October 5, 2012 at 6:17pmSomeone should have clued the Judge in to the fact we go by the U.S. Constitution here, sharia has no place here. Fire him now.
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quiet little lamb
Posted on October 5, 2012 at 6:30pmguy was rightfully attacked for being annoying
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SlaveToTruth
Posted on October 5, 2012 at 7:09pm@quiet little lamb
Wow, are you serious. I hope I annoy you someday and you attack me. I’ve heard it only takes 10 pounds of pressure to rip off an ear, I’d really like to have a reason to find out.
Also, you are annoying me right now. Does that mean I can attack you for your flagrant stupidity and un American attitude. Its good to see you love our freedoms so much.
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LosLiberadores
Posted on October 5, 2012 at 7:09pm@Lamb, by that rational, you should now also be attacked.
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mikenleeds
Posted on October 5, 2012 at 6:15pmthat judge needs to be kicked off the beach and fired , he s clearly muslin kissing **** like other cowards
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randy
Posted on October 5, 2012 at 6:11pmMark W. Martin
Magisterial District Judges
Title: Magisterial District Judge
Phone: 717.766.4575
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Female
Posted on October 5, 2012 at 6:09pmJudge might have said the same comment about a “Jesus Zombie” or “Budda Zombie”, and the open mocking of anybody’s religion.
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SlaveToTruth
Posted on October 5, 2012 at 7:15pmI have the right to disparage any religion or none. There are doctrinal issues that I have with catholics and I’m sure I’ve offended them from time to time. I’ve upsets atheists by pointing out the only logical position is agnosticism, and they they actually have a religious belief that there is no God. That is just as unprovable as there is a God.
The God of Abraham the Father of Jesus can take care of himself. If he allows mocking of Jesus, I think I can handle it too. Female, I think you are thinking with your lady parts. Christians know that God will dispense justice for blasphemy that is why we don’t have to. But the weak false god Allah needs his demented disciples to kill and intimidate because he is less than a puff of wind.
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TJSON
Posted on October 6, 2012 at 12:58am@slavetotruth:
The belief that there is no God is a belief, for sure, but it is by definition not a RELIGIOUS belief, much in the same way that the belief that there are no fairies is not a religious belief. But otherwise I agree with what you said!
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NineteenEighty4
Posted on October 6, 2012 at 2:47pmThank you for that clarification, TJSON. Atheism is a set of beliefs, but they are not religious beliefs or religious dogma. You can’t call atheism a religion when, by its very definition, atheism is a lack of supernatural belief in God. Agnosticism is the most prudent position anyone could hold. However, when people refer to themselves as atheists, I believe some of them mean that they don’t have it out for some sort of unknowable God, per say, but the clearly man-made God and the clearly fabricated books that mandate us to believe in a hateful, jealous, fearful God.
In short, they attack religion as opposed to attack God. In this mindset, you can’t attack something that doesn’t exist. But you can attack people operate under the assumption that these myths are true and want to run and dominate society with their silly beliefs, whether they be Islamic or Christian. They’re all equally untrue. That is what atheist activists fight against. God isn’t the problem. God’s followers are.
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Hugh Akston II
Posted on October 7, 2012 at 7:38amTJSON you are wrong. Atheism is a religion. Since they can not prove that God does not exist, they must take it on faith that he doesn’t. Faith=Religion
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Rossman85
Posted on October 5, 2012 at 6:07pmI live in this area, and i had tried to fight a speeding ticket, and yes this judge is as bad as he sounds, and yes ive listened to the tape of the case, and martin did say that he was a muslim. I do hope for his removal from the bench, as i think that he is way to biased to be a judge. I do salute his military service though.
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David-FL
Posted on October 5, 2012 at 6:04pmI guess the real lesson we are all learning is that we, as Christians, need to become violent. Maybe if Christians attacked Abortion Centers, beat up anyone who said “G** Damn it!” or “Jesus Christ!” in vain, and stormed the “art” museum in NY where the Piss Christ is on exhibit, we could finally have [OUR] beliefs respected!
*** NOTE TO ALL AUTHORITIES*** This post is PURE SARCASM!!!!!!!!!!!!!!!!!!!!!
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Hopestar-B-COHIPER
Posted on October 7, 2012 at 2:54pmSaying ‘God damn it’ is not necessarily taking God’s name in vain.
But, when a KNOWN CHRISTIAN to HIS customer assures that customer that the product that is being sold is 100% defect free, when he (the seller) knows full well that it is not 100% defect free is indeed and in deed using God’s Name, per his being CHRISTIAN, in vain.
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SlaveToTruth
Posted on October 5, 2012 at 5:59pmI also filed a formal complaint about the judge when I read the original story on the Blaze. A few months ago, sent a letter telling me he had been privately reprimanded.
I also think I was able to track down the throwback Muslim and left him a message that I defiled the koran and made fun of Mohammed. He never traveled the hundreds of miles to my office to assault me. Too bad, I’ve never got to fire my 357 magnum office gun in self defense. Throwbacks like Talaag Elbayomy need to be dead or deported, there is no room for people like that in our Constitutional Republic. If you don’t like someones free speech, fight it with more speech not violence.
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LeadNotFollow
Posted on October 5, 2012 at 5:57pm…
The judge said “Just because you have First Amendment rights that allow you to say something, doesn’t necessarily mean that you should always say that thing you want to say”.
Well judge, that’s the beauty of freedom of speech. Every American decides for himself, whether he should or should not say something.
Why doesn’t the judge check into the things the New Black Panthers are saying? They are calling for the annihilation of the White race in America.
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justangry
Posted on October 5, 2012 at 5:55pmThe judge should be kicked off the bench without any question. Where’s the ACLU at anyway?
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PA_Year_of_the_Bible
Posted on October 6, 2012 at 12:49amI’ll tell you where the ACLU was. When this story made the news earlier this year, our local ACLU rep was asked if the ACLU planned to issue a statement about the controversy. The answer was, “not at this time, but CAIR-Philadelphia plans to issue a statement. They would have issued it today, but they have a special event tonight, so they will probably issue it tomorrow.” The CAIR statement never materialized. The “special event”? It was a community forum on “Sharia: Friend or Foe? Understanding Sharia and Its Place in American Society”. I kid you not—Google it. My guess is that ACLU is getting some big bucks nowadays from Muslim groups (some of whom have legitimate civil rights gripes), so it’s easier for them to piss off atheists than Islam.
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2MINUTESTOMIDNIGHT
Posted on October 5, 2012 at 5:54pmJudges are typically former attorneys who were not good enough to make money being attorneys. In my area, a judge earns approx. $125,000 – $150,000, has a lifetime pension and lifetime benefits after sitting on the bench for 6 years. They believe and act like they are above all. They are often condescending and rude to litigants and show favoritism to certain attorneys. The legal system in the USA is a crock.
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whatthecrazy
Posted on October 5, 2012 at 7:57pmyou got that right……………….
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LeadNotFollow
Posted on October 5, 2012 at 5:49pm…
On the tape, sounded like the judge said “I’m a Muslim”, not “If I were a Muslim”.
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Rossman85
Posted on October 6, 2012 at 4:29amHe definitely said that as it was clearly recorded, then tried to deny it to the media when the story broke last year.
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Mr.Fitnah
Posted on October 5, 2012 at 5:48pmMartin belongs in prison.
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Polish4USA
Posted on October 5, 2012 at 6:07pmWait, I’m all for tossing off this judge off the bench. But take it from an attorney, it’s a pretty stupid idea of locking up anyone for a judicial ruling. These judges make hundreds of calls a day, they are bound to screw some up. We start tossing people in jail for judicial rulings, how long will it be until the liberals start tossing good judges like Scalia or alito in jail because of Supreme Court rulings? And we know that some incredibly racist comments have been made about Thomas including lynching him. Prison sounds like a nice idea at first until you realize it’s better to just get him off the bench as soon as possible instead.
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nurseheidi
Posted on October 5, 2012 at 9:49pmI am a bit concerned he is in the military as well as on the bench. Precedent must be set that Sharia law has no standing in US judicial rulings.
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LeadNotFollow
Posted on October 5, 2012 at 5:48pm…
Judge, it’s called freedom of speech. We don’t have sharia law in America, yet.
It’s not your place to educate the victim, to try and help him understand a little bit about Islam. It’s your place to make decisions strictly by the law.
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2MINUTESTOMIDNIGHT
Posted on October 5, 2012 at 5:55pmClearly you have never been in a courtroom.
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cosmic dogma
Posted on October 5, 2012 at 5:47pmHalloween is just around the corner, friends. Time for an army of Zombie muhammad s! While we still can, let’s party like it’s 1999.
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KevINtampa
Posted on October 5, 2012 at 5:53pmAnd that is the Bubba Effect Obama was hoping for when he blamed Steven’s death on a video.
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Hugh Akston II
Posted on October 7, 2012 at 7:52amWhat is this Bubba Effect? Is that when the people have had enough of the lawlessness of their leaders and take measures to restore their God given rights? Sounds like 1775 all over again. God help us if it comes to that for we are now such a Godless people that our next revolution will be more like the French revolution.
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patrickspoint
Posted on October 5, 2012 at 5:45pmGlenn has said it best, that the 1st Amendment is not designed to protect the speech you agree with, but the speech that you disagree with. This Judge Martin does not belong sitting on the bench.
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KevINtampa
Posted on October 5, 2012 at 5:43pmhrmpf, Shariah here we come. Thinking of going to Halloween as the Mahdi. Scary and contemporary at the same time.
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Leadthemtothelight
Posted on October 5, 2012 at 6:11pmRofl…..good one.
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RJJinGadsden
Posted on October 5, 2012 at 5:38pmThis ball-less judge is saying this guy would be better off attacking Christianity. That would be okay since they will not attack his courtroom physically.
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Leadthemtothelight
Posted on October 5, 2012 at 5:47pmWhen did the Muslim religion become supreme to the US constitution and all other religions? Live and let live or move to one of those god forsaken middle eastern hell holes.
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vonMises
Posted on October 5, 2012 at 6:01pmANY other religion, not just Christianity. If Muslims are the only group allowed to violently defend their beliefs, well, that is the very essence of Sharia.
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Gregb
Posted on October 5, 2012 at 6:10pmAmerica is not under sharia law and judges should rule by our constitution ONLY!
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bikerdogred1
Posted on October 5, 2012 at 5:34pmJudge Martin,the best judge money could buy,a real democrat.His motto,justice has nothing to do with it.
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Pontiaku
Posted on October 6, 2012 at 11:38pmFor all those “christians” that make ridiculous claims they never hear of atheist criticizing islam, where are you now?
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