‘Innocence of Muslims’ creator should go to jail

The death toll since the release of the trailer for the anti-Islamic film ‘Innocence of Muslims’ has climbed to 40, with protests continuing unabated across the globe. One of the victims, US Ambassador Chris Stevens, died after protesters stormed the consulate in Benghazi, Libya.

The demonstrations, however, are not limited to the Greater Middle East; Australia, the UK, France, the Netherlands and Belgium have also witnessed their share of flag-burning rallies.

Meanwhile, excerpts of the film have cropped up on YouTube, prompting Afghanistan’s Ministry of Communications to ban access to the site altogether – but imagine what would happen if the film ends up being shown in its entirety?

“America must understand … the US must understand that releasing the entire film will have dangerous, very dangerous, repercussions around the world,” Hezbollah's Hassan Nasrallah told a massive rally in Beirut, where tens of thousands of people responded to a call for a week of protests.

The film was allegedly produced by Nakoula Basseley Nakoula, a 55-year-old Egyptian Coptic Christian who was reportedly arrested in the past on fraud charges.

There is a very simple way to halt the violence and bloodshed that has engulfed a large part of the planet following the release of the scandalous movie: arrest the individuals directly connected to the film’s production and release.

I understand that such a suggestion will trigger howls of protest from people who think that every utterance, however vile or obscene, is legally protected by the US Constitution. Such idealists, however, will be surprised to know that this is not always the case.

Former Supreme Court Justice Frank Murphy once wrote: “There are certain well-defined and narrowly limited classes of speech…It has been well observed that such utterances are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”

Later, another US Justice and passionate defender of free speech William Brennan noted that “it is apparent that the unconditional phrasing of the First Amendment was not intended to protect every utterance.”

Jeffrey McCall, media studies professor at DePauw University, wrote in his book ‘Viewer Discretion Advised’ that “obscenity is one of those classes of communication that is not protected by the First Amendment. Although absolutists and the many people who make money in the world of obscenity defend its production, it can be argued that obscene messages serve no worthwhile purpose and, in all likelihood, harm the society.”

McCall adds that another communication that is not protected under the tenets of free speech is in the area of libel or slander.  In such cases, a speaker “can assume no right to defame or ruin the reputation of another person or group by disseminating falsehoods.” Should artists and filmmakers be permitted to slander and libel in the name of 'artistic liberty' without fear of legal retribution? 

Judging by the five minutes of shameless trash I witnessed in the movie’s trailer, it should not be difficult for a US court to find Nakoula Basseley Nakoula guilty – at the very least – of hate-speech and inciting riots. After all, how many times must we test the theory that there are still people in the world who take their religious beliefs seriously?

The danger of poking the hornet’s nest of religious passions in the post-9/11 world was already proven following a stunt by Danish newspaper Jyland-Posten. On September 30, 2005, its editors devoted an entire page to cartoons that mocked the Prophet Muhammad. That decision still baffles me to this day.

After all, when was the last time a western newspaper – even on the slowest of news days – devoted an entire page to cartoon space? When was the last time a western newspaper dedicated an entire page to dragging Jesus over the cartoon coals? Finally, what company in their right mind would then risk their reputation by advertising their services in such a newspaper?

In addition, it turns out that the producer of this film, according to various statements, completely misled the cast and crew as to the true content and purpose of this appallingly low-quality movie. Apparently they were not aware that the film was a religious parody until the trailer was greeted with violence and death. The producer (and probably the director) understood exactly what were doing; otherwise there would have been no need to deceive anybody. The makers of this film willingly jeopardized the cast and crew by lying to them about the nature of the project. 

The United States needs to send a strong, unmistakable message that it not only condemns such “works of art”, but that it is also prepared to punish the individuals responsible for producing this rubbish, which not only inflames Islamic sensitivities, but also puts a lot of American citizens – diplomats or otherwise – at grave risk. 

Throwing Nakoula behind bars for his vile, hate-filled production is one way to stem the tide of backlash from the Muslim world.