Zitat

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In September 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California's Facebook page (before he was finally blocked by the ICSC from commenting):
•"THE TERROR HIKE ... SOUNDS LIKE FUN" (written in response to the Center's "Sunset Hike" announcement).
•"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."

California is now prosecuting him for posting these comments, on the theory that they violate Cal. Penal Code § 653m(b):

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 posts, the California AG's office argues, were "were made with the specific intent to annoy and harass the members of the ICSC," because Feigin "was not trying to engage in any kind of political discussion but instead trying to vex members of the ICSC with his thoughts about their religion." The posts are criminal because they constitute "repeated harassment from those who wish to mock and disparage their religion," and, "[r]ather than attempt to engage in discussion or debate," are "cruel and pointedly aimed at dismissing an entire religion and those who practice it."


What could be more "intolerable" than for [the] ICSC Communications Director ... to check the ICSC's Facebook page and discover that someone has written "PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION" as the Defendant in this case did .... Or how about ... "Filthy muslim shit has no place in western civilization." This is exactly the kind of repeated, annoying, and harassing electronic communication that PC 653m(b) is meant to deter. Protected speech? Political speech? Defendant's posts on the ICSC Facebook page are neither of those things.

And the government's argument makes clear that it's going after Feigin for the content -- indeed the viewpoint -- of his speech: "The mere content and nature of the posts establish that they are not made in 'good faith' as Defendant would suggest but are meant to annoy and harass." "Defendant is not seeking uriderstanding or guidance, instead he is posting in order to annoy and harass those who have beliefs with which he vehemently abhors." The Facebook's page public accessibility "does not translate into requiring ICSC or its members to sustain repeated harassment from those who wish to mock and disparage their religion." "Rather than attempt to engage in discussion or debate, Defendant's posts are cruel and pointedly aimed at dismissing an entire religion and those who practice it." Nor is the government's argument limited to vulgar epithets ("Filthy muslim shit"), though even those epithets are constitutionally protected when said outside the context of face-to-face "fighting words"; it applies just as much to the nonvulgar criticisms.

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http://reason.com/volokh/2017/12/29/cali...-insulting-post-- The Volokh Conspiracy via Reason Magazine

Think of the consequences. As the Volokh Conspiracy notes, "The government's theory would equally criminalize insulting posts on a NRA page, or on a pro-Trump organization's page, or on a Communist Party page." or any other organization or religion.