Legal Commentary

Like other supporters of the rights of American Muslims to live on equal terms with other Americans, I was pleased to see this story in which a group of religious leaders came together to express their concerns about anti-Muslim sentiment, not just with respect to the New York mosque but elsewhere in the country -- indeed, more disturbingly elsewhere, since the many recent objections to mosques and Muslims elsewhere in the country lack even the fig leaf of the supposed sacredness of a site two blocks away from Ground Zero. 

I was a little perturbed, though, by the news (found in the same story) that various government spokespeople, including General David Petraeus, have taken to the airwaves to condemn the planned burning of Korans by an unfortunate pastor in Florida, with a State Department spokesman calling the plan "un-American."  Perturbed, not outraged. It may well be correct that the church's actions put the lives of American soldiers (not to mention many local innocents) at risk, and it should be obvious that I find those actions deplorable whether they would do so or not. Of course private citizens are entitled to deplore those actions and ought to do so, and surely government is entitled to do so too. But I cannot forget that the last administration also played this kind of card in the wake of 9/11, both in its immediate aftermath and when newspapers attempted to write stories describing the actual actions of the administration in the war on terror, and was often condemned for it. Those people who condemned the administration then may want to reexamine their views in light of the current administration's actions. 

My own view is that General Petraeus was entitled to say what he did, especially in light of his obvious duty to his own soldiers and the Afghan nationals he is charged with protecting.  But it is worth remembering that the exercise of First Amendment freedoms, even in a way that is worthy of condemnation, is part of the cost that we necessarily factor into any foreign policy venture. And something about the word "un-American" used by the First Amendment spokesman sticks in my craw. For one thing, although respecting the religion of others is indeed an "American" value, so, alas, is book-burning, at least as a matter of history.  One is worth championing and the other deserves condemnation, but on more specific terms than "un-American."  We can't hope to reach those we disagree with by counting them out of the conversation.  As it turns out, I doubt we can converse very productively with this pastor at all, and I assume that word was used to describe ourselves to Muslims outside this country rather than to converse with the pastor in the first place.  But I still think it matters what words we use, and that the government ought generally to hesitate before calling an exercise of free speech, no matter how worthy of condemnation it is, "un-American." Call the Koran-burning stunt by its proper name: "offensive."