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Letter to the editor: Consequences of electing liberal judges – TribLIVE

What a surprise! A defendant with seven prior arrests, two misdemeanor convictions and two pending cases in New York one for grand larceny and one for sexual assault didnt show up for a court hearing after he was released on nonmonetary bond thanks to District Judge Xander Orenstein, who campaigned on social justice issues, including stopping the use of cash bail (Suspect in $1.6M fentanyl case fails to show for court hearing, Sept. 11, TribLIVE). The judge said they would carefully consider a persons history and characteristics before setting any bail condition.

Orenstein succeeded in putting a career criminal back on the street to continue his life of crime. Im sure all the social liberals and criminals applauded this decision. Im sure Pittsburgh will continue to vote for people like Orenstein, especially since these types of judges work out so well in New York. I seem to have missed Mayor Ed Gaineys response to this.

Michael Easterbrook

Harrison

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Letter to the editor: Consequences of electing liberal judges - TribLIVE

House of Commons ‘dropped the ball’ on rushing Liberal bail-reform … – Moose Jaw Today

OTTAWA The Liberal government's representative in the Senate encouraged the Upper Chamber to pass its bail-reform bill "expeditiously" Thursday, while acknowledging the picture of what bail looks like in Canada is incomplete. Sen.

OTTAWA The Liberal government's representative in the Senate encouraged the Upper Chamber to pass its bail-reform bill "expeditiously" Thursday, while acknowledging the picture of what bail looks like in Canada is incomplete.

Sen. Marc Gold confirmed during a debate that the bail-reform package will be studied by a Senate committee, after the House of Commons gave unanimous consent Monday to pass the bill without study by MPs.

The legislation was ultimately referred to the Senate's legal affairs committee Thursday afternoon, but not before many senators voiced concerns about the potential effects of the bill and the fact members of Parliament declined to study it.

Prince Edward Island Sen. Percy Downe said that MPs "dropped the ball" in rushing the changes through the House of Commons without further scrutiny.

He said that leaves the Senate having to start from "ground zero" in its review of the legislation.

The speedy passage of the bill so far has also prompted concern from civil-society groups that say its measures could worsen the overrepresentation of Black and Indigenous individuals behind bars, and lead to more people making false guilty pleas so they can leave pre-trial detention.

Many of the same concerns were voiced by senators.

"I understand the emotional and political impetus to speed this bill to passage, but I am concerned at the speed at which things are moving," said Alberta Sen. Paula Simons said Thursday.

"Because we are dealing with an issue in which people's fundamental liberties are at stake."

The Liberals brought in the bill, which would make it harder for certain offenders to get bail, amid widespread pressure from provincial premiers and police chiefs for Ottawa to toughen up existing laws following a string of high-profile violent incidents involving repeat offenders.

That included the shooting death of Ontario Provincial Police Const. Greg Pierzchala in late December.

Court documents show a man who is co-accused of first-degree murder in the case was denied bail on unrelated assault and weapons charges months before the shooting, but was released after a review. A warrant for his arrest was issued after he failed to show up for a court date months before Pierzchala's killing.

The Liberal bill proposes to expand reverse-onus provisions for certain offenders.

It means that instead of the Crown having to prove why someone charged with a crime ought to stay behind bars while they are awaiting trial, the responsibility shifts to the accused to prove why they should be let out.

The bill, tabled last May before Parliament took a summer recess, seeks to expand reverse-onus measures for certain firearm and weapons offences, as well as in some circumstances when the alleged crime involves intimate partner violence.

In arguing in favour of the bill, Gold said it is designed to target people charged with serious violent offences.

But he acknowledged that not enough data is being collected about what bail looks like in Canada right now.

"It's a critical question: What is the impact of this bill or what might it have been?" Gold said. "We don't have proper data."

Some Conservative senators voiced concerns that the proposed measures would not capture enough offences and need to be strengthened to better protect potential crime victims.

But Sen. Kim Pate suggested Thursday that the high-profile violent crimes that led to calls for bail reform were "outliers."

Pate is a former executive director the Canadian Association of Elizabeth Fry Societies, which advocates for criminal justice reform.

She called the Liberal bill a piece of "performance legislation," and warned it could lead to "discriminatory outcomes" against people who are Black, Indigenous, living with mental illness or members of other vulnerable groups who are already overrepresented in provincial jails.

"Who will this bill actually end up jailing?" Pate asked.

She added: "The public should be horrified by the willingness of elected officials to bypass the usual process of studying a bill and evidence, such as that of what Canadian crime rates actually are."

Federal Justice Minister Arif Virani, who earlier in the week defended the bill's quick passage into the Senate, said in a social media post on Thursday that he hopes the legislation "gets Royal Assent as fast as possible."

This report by The Canadian Press was first published Sept. 21, 2023.

Stephanie Taylor, The Canadian Press

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House of Commons 'dropped the ball' on rushing Liberal bail-reform ... - Moose Jaw Today

Liberal as an Adjective: The Politics of Michael Walzer – Public Discourse

When I first became interested in political theory in the 1980s and 90s, the so-called liberal-communitarian debate dominated the field. It ultimately proved to be a family quarrel among thinkers who were, broadly speaking, liberal democrats. Some of them emphasized a more individualistic, rights-based vision of democratic society; others laid more weight on the role played by thick communities in forming individual personality, and thus on the duty to sustain the families, churches, unions, and other groups that make us who we are.

John Rawls, with his famous thought experiment deriving principles of justice from deliberation behind a veil of ignorance in the original position, was the unquestioned patron saint of the liberals. The communitarians were a more ragtag group. Their philosophical heavyweights were Charles Taylor, drawing on a broadly Hegelian framework spiced with Canadian multiculturalism, and Alasdair MacIntyre, shuttling back and forth between Duke and Notre Dame as he gradually made his way from Marx to Aristotle to St. Thomas. Michael Sandel, with his early critique of Rawls and, later, YouTube lectures on justice, proved to be the movements great popularizer.

Of all the participants in that debate, however, I have always felt the most affinity with Michael Walzer. This is rather ironic, since I am a fusionist Reaganite conservative, and Walzer, who was for many years the editor of Dissent, is a democratic socialist. There cannot, I suppose, be many political issues on which we would vote the same way. Lurking beneath the surface, however, conservatism shares surprising common ground with Walzers leftist communitarianism. In his early book Spheres of Justice, Walzer developed a theory of distributive justice according to which various social goodswealth, public office, education, leisureshould be distributed according to our shared understandings of their specific purposes. Walzerian distributions rest on context, culture, and tradition. They have unexpected Burkean foundations.

Walzer is also the most engaging writer of the bunch. No one will ever accuse Rawls, Taylor, or MacIntyre of being an elegant prose stylist. But Walzer has a knack for drawing the reader into his argument as he thinks out loud, doubling back on himself, testing his ideas against experience, and checking his own impulses in a friendly, conversational tone. As he proceeds ever so reasonably, he carries you right along with him, having you nodding in agreement until, at times, you are surprised to discover where he has led you.

These qualities are on display in Walzers most recent book, The Struggle for a Decent Politics: On Liberal as an Adjective, which is part memoir, part theoretical reinterpretation of liberalism, and part capstone to a long career. (On the first page of his preface, Walzer remarks, poignantly, this may be my last book.) In it, he examines his most important personal, political, and professional commitmentsto democracy, socialism, nationalism, communitarianism, feminism, academia, and Judaismasking in each case what it means for such a commitment to be liberal.

In doing so, he turns our attention away from thinking about liberalism and instead toward the project of his subtitle: thinking about liberal as an adjective, or what he calls a new way of describing and defending the political commitments he has endorsed over many decades. Our primary commitments, he suggeststhe nouns we embrace, like democracy, socialism, or feminismname the goods or ways of life we pursue, whereas liberal describes a specific manner of pursuing them. It requires that we be open-minded, generous, and tolerant; neither relativists nor dogmatists; and ever pragmatic, skeptical, and pluralist. The adjective brings certain liberal qualifications to all the nouns it modifies: the constraint of political power; the defense of individual rights; the pluralism of parties, religions, and nations; the openness of civil society; the rights of opposition and disagreement; the accommodation of difference; the welcome of strangers.

Walzers descriptions of his own liberal commitments make this picture more concrete. To be a democrat is to recognize the right of the people to shape and pursue its own common life; but to be a liberal democrat is also to oppose all forms of majoritarian tyranny over minorities, to defend a state where power is constrained, where the common life is pluralist and inclusive, . . . and where every man and woman is a political agent, able to join any and all meetings and movements and free to stay homethe equal of all the others. To be a socialist is to be committed to egalitarianism, the reduction of poverty, and a world in which wealth cannot be converted into political power or access to goods like education or health care; but to be a liberal socialist is also to insist on building this world through persuasion rather than force, resisting the claims of an unrepresentative vanguard to impose its egalitarian vision forcibly on unenlightened fellow citizens. To be a nationalist is to put the interests of [ones] own nation first; but to be a liberal nationalist is to do that and recognize the right of other people to do the same thingand . . . then insist that all the firsts accommodate one another. And so on. As he weaves back and forth between the commitments and their liberal qualifications, Walzer combines a robust defense of moral and political ideals with an honest recognition (and not merely grudging acceptance) that they must be pursued in partnership (and heated debate) with fellow citizens who are equally committed to their own different and opposing ideals.

This is not to say that readers will find nothing to disagree with in the book. More than once I found myself pulled up short by a passing remark reminding me of the distance between Walzers political views and my ownlittle signals that the reader should not mistake the intense reasonableness of Walzers writing for mere moderation. For example, Walzer concedes the potential appropriateness of unequal wealth and emphasizes that political activists should commit to nonviolence, never giving ordinary citizens reason to be frightened for their lives or their property. But then he suddenly continues: By property I mean their smallholdings; the riches of the rich may rightly be at risk. This is, I think, an un-Walzerian sentence: the sudden assertion, without explanation, that it is fine to exercise coercion against certain people, as long as they happen to be rich. Walzer is a careful writer, but I like to think that given the chance, he might retract that sentence, at least in its current form. As it stands, it is a bit too close to the necessary murder that Orwell criticized in Audens poem Spain.

Elsewhere, Walzer oddly denies that the United States is a nation, calling it at one point the great un-nation and writing, A distinct American nation may be in formation, but it isnt here yet. This appears to turn on a conception of the nation in purely racial or ethnic terms. But nations are also cultural communities, imagined communities in Benedict Andersons phrase, not merely communities of blood or descent. His characterization denies that America presents one of the most successful nation-building projects of the last three centuries. Elsewhere, Walzer criticizes shop owners who refuse to serve people whose religious or secular practices they disapproved ofnot naming but presumably alluding to Christian businesspeople who refuse to provide services that might signal an endorsement of same-sex marriageand he denies, without elaboration, that this refusal can be defended on grounds of religious liberty. That conclusion seems too quick, as does the denial, late in the bookin considering whether some nouns cannot really be combined with the adjective liberalthat there can be a liberal capitalism given the inequalities that capitalism produces and the coercion it requires to keep workers in line. This is another passing remark, but many readers may share my sense that it betrays a simplistic understanding of market relationships.

Nevertheless, Walzers defense of a decent politics is a valuable reminder of qualities that too often seem lacking in contemporary political life. At a time when many conservatives are tempted to decry liberalism as a failed or even pernicious politics, Walzers adjectival strategy is a clever way of framing an essential rebuttal: that our tradition has never been liberalism simply but has rather been composed of many different liberalisms, related but also in competition. Against the liberalisms of Jackson, Wilson, FDR, or LBJ must be pitted those of Burke, Madison, Tocqueville, Lincoln, or Reagan. (Nor will all readers attach the same content to each of those names.) The liberal tradition is an ongoing conversation in which participants speak in a wide range of accents, reflecting the various nouns to which speakers are committed: liberal individualists and liberal communitarians, liberal nationalists and liberal internationalists, liberal believers and liberal skeptics, liberal socialists andyesliberal free marketeers.

Although Walzer describes his own commitments in the plural and resists uniting them under a single label, a core value underlies his politics. One could call it a commitment to self-determination, the right of a political community to hammer out its shared destiny together (a description that echoes themes from Walzers well-known work on just war). Or a commitment to democracy, with an emphasis on the equal right of all members of the community to participate in its deliberations. Or, perhaps, a commitment to political life itself, understood as an ongoing debate about the shared understandings and values by which we govern ourselves. Maybe it would best be called a commitment to persuasion: a conviction that political disagreements should be resolved by argument rather than force, that ones goals can be achieved only with the consent of the people as they are here and now with all their differences of character, belief, and ability.

All of this implies one last formulation relevant to a moment when too many partisans regard politics as a battle, victory as its goal, and their opponents as enemies to be vanquished and destroyed. To be liberal in Walzers sense means being prepared to accept the possibility, in whatever may be the heated disputes of the moment, that ones own side might lose. Walzer hints at such a formulation when he attempts to describe the liberal spirit early in the book: We are able to live with ambiguity; we are ready for arguments that we dont feel we have to win. It matters, of course, that the losses are not permanent: one regroups, prepares for the next debate, and comes back to fight another day. But I suspect that those who cannot live with the possibility of defeat cannot claim the label liberal.

Accepting that possibility is easier when ones opponents are themselves liberal. Perhaps the finest compliment one can pay Michael Walzer is to say that he is that kind of opponent: an opponent to whom one need not fear losing. If I lost a vote to a clan of Walzers, I would indeed regroup for the next round, but in the meantime, I would not be afraid that the temporary victors would oppress me and take away my rights. One hopes that Walzer may still have another book in him. But should this indeed prove to be his last, it is a worthy testament to a life spent defending a decent politics.

The featured image is in the public domain courtesy of Adobe Stock.

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Liberal as an Adjective: The Politics of Michael Walzer - Public Discourse

Doorstep Postings: The federal Liberals invite Canadians to repent … – The Canadian Jewish News

This is a special edition ofDoorstep Postings, the periodic political commentary column written by Josh Lieblein for The CJN.

Ever since we got done with thelast federal election two years ago, Ive been predicting the general trajectory of the next one: an all-out bench-clearing political brawl, where any distinctions from the American system disappear.

In this scenario, therell be no more collective shrugs at the partisan rancourpouring out of Ottawa, and no more Jewish community leaders calmlybattening down the hatches and riding out the storm.

Our political class has firmly decided that the next go-roundwillbe an apocalyptic battle of good and evil, whether we like it or noteven if we have a hard time figuring out what constitutes the evil theyre talking about.

Havent you heard the red shofar blow from Parliament Hill? Theres a rising tide of hatred, of intolerance from those calling themselves tolerant, andlivesare at risk.

Now, more than ever, those jerks on the other team are unhinged, trying to normalize the spread dangerous ideology, disinformation, and rhetoric. Its time to stand in solidarity with those who are under attack and cannot (or dont want!) to speak for themselves.

Now is not the time for Jewish communitiesor anyone for that matterto worry about Jewish community issues that cant be encapsulated into a fundraising appeal or a viral post. Besides, as weverecently been informed, silence is complicity.

Complacency is also complicity, and complacency is not calling out extremism, all day, every day, and if we dont agree, were wading into dangerous waterswhich are no doubt connected to a so-called rising tide.

What if Justin Trudeau got up in the morning and instead of his usual hatred has no place in our society speech he went with, You know what? Im not really feeling it, maybe today Ill go easy on the hatred in our society.

Do you think he wouldve won three elections in a row? Well never know, but the example he set should have been enough for the rest of us, including Anthony Housefather.

After all, as the convention wisdom in Ottawa goes, all Liberal membersand that includes the Jewish MP for the Mount Royal riding of Montrealowe whatever political capital they have to the prime minister. And thus, even as the PMs poll numbers plummet, his team is loath to criticize him. None but Justin Trudeau, whose father descended from upon high and granted us the rights we now enjoy, is able to safeguard those rights against the dastardly Pierre Poilievre and the evil-doers who stand with him.

As a result, Housefather shouldve been content to stifle whatever disagreements he had with Trudeau and his overall legislative direction until further notice. But he forgot that complacency is complicityand just like theres no place for hatred in our society, theres no place for those who stand with, or vote with, those who are soft on hatred.

Housefather has now lost his parliamentary secretary duties for voting againstBill C-13, which is yet another fun update to Quebec language rules that makes things more difficult forAnglo-Quebecers. Remember: no place for hatred in our society! Rising tides! Ideology! Solidarity! And all the rest of the increasingly meaningless magic words, which you must nevertheless say so that everyone knows where, and with whom, you eternally stand.

Housefather had a long and distinguished history of implying that those who get offside with this government are part of the hatred that keeps trying to sneak its way into our society. Indeed, he went so far as to publicly attack noted Quebecophobic satirist J.J. McCullough(who has over 922,000 subscribers on YouTube) during the committee meetings over Bill C-11, another Trudeau government wedge/piece of legislation aimed at sheltering Canadas and Quebecs culture fromalgorithms controlled in Silicon Valley.

And once again, as we all know, companies like Meta and X are purveyors of hate, disinformation, rhetoric, ideology, rising tides, etc. Now, the Mount Royal MP and the Montreal Jews he represents will have to stand with Mark Zuckerberg and Elon Muskand the likes of J.J. McCulloughall because there were limits to how far he would go to defend the rights of francophones! What a shanda!

But at least they wont be alone, because as this government gets more and more desperate, more and more people are going to get swept up in that rising tide of hatred.

Why, just halfway through the week between Rosh Hashanah and Yom Kippur, theyve been joined by grocery store execs, Muslim parents and other parental rights folx, supporters of Indian PM Narendra Modi, anyone who doesnt want to mask up this fall, and people who dont think Pierre Poilievre mispronouncing someones name to sound like the N-word represents animus towards Black Canadians, bubbling below the surface.

The trouble as far as the Jewish community is concerned is that any oneif not allof these culture wars can and probably should be safely ignored.

But when its the government who decides who should stand with whomlest they be identified with the evil-doersremaining quietly neutral as most Jews are wont to do becomes more and more difficult.

So, if the Liberals say theres a rising tide of hatred, theyd better find evidence of that rising tide, and fast! But they oughta do it before their poll numbers get even more underwater than they have.

Josh Lieblein can be reached at[emailprotected]for your response to Doorstep Postings.

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Doorstep Postings: The federal Liberals invite Canadians to repent ... - The Canadian Jewish News

Dumping professor for showing class Muhammad art may be … – Just The News

A federal judge refused to dismiss religious discrimination claims against a private university that dumped an art history professor after she showed her class "Islamophobic" depictions of the Prophet Muhammad commissioned by Muslims, saying the "novelty" of Erika Lopez Prater's argument didn't make it implausible.

The order Fridayby U.S. District Judge Katherine Menendez means ongoing scrutiny of Hamline University, whose President Fayneese Miller announced her scheduled retirement two months after an overwhelming vote of no-confidence from faculty in the wake of Prater's non-renewal.

The Higher Learning Commission ended its relatedaccreditation probeof Hamline a month after the Foundation for Individual Rights and Expression filed a complaint because the commission does not "typically" investigate third-party complaints, according to a Feb. 3 response letter FIRE provided to Just the News on Monday.

HLC has "nothing to report" about Hamline and any accreditation change would be reflected on the university's HLC page, a spokesperson told Just the News before FIRE responded.Hamline does not come up for "reaffirmation" until the 2027-2028 academic year.

An American Association of University Professors' investigation found that Hamline denied Prater "a legitimate academic rationale" for withholding "any further teaching assignments."

AAUP's May report accused the university of a "de facto campaign of vilification" against Prater that "appears to have engaged outside entities and may have encouraged student involvement," with "repercussions" that seem to have "followed" her to a "neighboring institution." (Prater's LinkedIn page says she's an associate lecturer at the Minneapolis College of Art and Design.)

The lawsuit's continuation into legal discovery could spook other colleges that took actions to purportedly protect Muslim students from depictions of Muhammad, the subject of an ongoing 1,400-year dispute within Islam, after one or a handful of students complained.

San Francisco State University opened an investigation of professor Maziar Behrooz this spring for showing students a depiction that is commonly sold near holy sites in his native Iran, promptly drawing a legal warning from the Foundation for Individual Rights and Expression (FIRE).

Behrooz told Just the News the "case has been dismissed and is now closed" but declined to share the letter he received stating his conduct was protected by "academic freedom." He said that "no one interviewed me and asked for my side of the story" but that he has since "showed the portrait again" with no consequences.

Another Minnesota liberal arts college, Macalester, temporarily shut down, then added privacy curtains to an art exhibit by another Iran-born professor, Taravat Talepasand, "to prevent unintentional or non-consensual viewing" of the partially exposed figures in hijabs and niqabs.

Such colleges may also be breathing a sigh of relief, however. Judge Menendez threw out Prater's reprisal, defamation, intentional infliction of emotional distress and retaliation claims against the university, and rejected her motion to remand the lawsuit to state court because the claims "substantially depend upon the interpretation" of her collective bargaining agreement under federal law.

In a brief analysis of the ruling, UCLA First Amendment law professor Eugene Volokh said that forcing employees to follow religiously motivated but "secularly defined" employment rules doesn't equate with religious discrimination.

But Volokh wrote that Prater may have an opening at a later stage of litigation in her "non-conformance" argument, that requiring an employee to "avoid what some religious people see as blasphemy" is akin to illegally forcing them to "affirmatively engage in religious worship."

Alex Morey, director of FIRE's campus rights advocacy, told Just the News "it will be very interesting to watch [Prater's] religious discrimination claim play out in court" while cautioning this was uncharted legal territory.

"The Muhammad painting controversy was a brazen violation of academic freedom and a huge, international-headline-making embarrassment for Hamline," she wrote in an email.

after becoming a "huge, international-headline-makingembarrassmentfor Hamline," a cautionary tale for other universities. "The Muhammad painting controversy was a brazen violation of academic freedom," she said.

Hamline didn't respond to Just the News queries Monday but told Minnesota nonprofit newsroom Sahan Journalon Friday that it was reviewing the order. Prater's lawyers didn't respond to queries.

President Miller has waffled on the controversy, first claiming Prater didn't have a job to lose,then admitting officials made a "flawed" characterization of Prater's opt-out lesson after the Council on American-Islamic Relationships sided with the professor.

CAIR's national office weighed in after its state affiliate sided with Prater's student who filed the complaint, Muslim Students Association President Aram Wedatalla.

Only in June did Miller publicly claim her scheduled retirement next year was unrelated to the Prater controversy. She told the Minnesota Spokesman-Recorder that "most of my goals" will have been accomplished by June 2024 and Hamline already exceeded its "comprehensive campaign" fundraising goal.

The school hasn't shied away from controversy since then. Last week, its Office of Inclusive Excellence, whose director called Prater's lesson Islamophobic, hosted an "Academic Freedom and Cultural Perspectives" forum that has not been made available except for a day-of livestream limited to registered attendees.

The forum included critical race theory popularizers Robin DiAngelo, who this year urged nonwhites to "get away from" whites and earns upwards of $20,000 per workshop, and Tim Wise, who once said "sorta kidding" that Christians "deserve to be locked up."

Hamline failed to convince Judge Menendez, nominated by President Biden, that Prater had not "plausibly allege[d] that Hamline discriminated against her because she was not a Muslim or did not conform to a belief that certain Muslims share," according to Friday's order.

The Minnesota Human Rights Act, under which Prater brought the claim, prohibits discrimination "because of religion" whether or not the plaintiff adheres to that religion, the professor argued.

Menendez said she has support in binding precedent from the 8th U.S. Circuit Court of Appeals, including a case in which an employer imposed a "no-beard" policy based on "the preference of third parties."

The judge also noted the 7th, 9th and 10th circuits have "dispensed with the need to plead membership in a protected class altogether" for "reverse religious" discrimination.

While the professor "may have difficulty proving her case at later stages," especially that Hamline would have treated her differently as a Muslim, Menendez said Prater's allegations offer "many suggestions" that the university knew she wasn't Muslim.

Liberal arts dean Marcela Kostihova, for example, told Prater that showing the Muhammad depictions to Muslim students was like using the n-word in front of black students. President Miller herself told all staff that Prater did not show "respect for the observant Muslim students in that classroom."

The judge also cited the "temporal proximity" between the classroom incident and her non-renewal notice, just two weeks, as evidence of "discriminatory motive."

Administrators "continued" their description of her conduct as Islamophobic, suggesting "it was a problem" that Prater "did not conform to the belief that one should not view images of the Prophet Muhammad for any reason," Menendez wrote.

The professor is out of luck on her defamation claim, however, in part because different Muslim traditions disagree with one other on the propriety of Muhammad depictions, according to the judge.

Administrators calling her conduct "Islamophobic" and "acts of intolerance" are simply "opinions that cannot be characterized, let alone proven, as true or false," though Menendez said she "sympathizes with how difficult it has been" for Lopez to be branded as such.

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Dumping professor for showing class Muhammad art may be ... - Just The News