Woman arrested for marring anti-jihad NY subway ad
Source: CBS News
NEW YORK An Egyptian-born U.S. columnist was arrested Tuesday for spray-painting an advertisement equating Muslim radicals with savages at a New York City subway station.
Mona Eltahawy, 45, of New York, was arrested on charges including criminal mischief and making graffiti, police said. Her arrest was captured on video by a New York Post camera crew and posted online.
Eltahawy is a women's rights defender and lecturer on the role of social media in the Arab world. She calls herself a liberal Muslim who's spoken publicly against violent Islamic groups. She's seen in the video spraying pink paint on the ad while another woman tries to block her.
"This is non-violent protest, see this America" Eltahawy said in the video as police officers were arresting her. "I'm an Egyptian-American and I refuse hate."
Read more: http://www.cbsnews.com/8301-505245_162-57520541/woman-arrested-for-marring-anti-jihad-ny-subway-ad/
Question for lawyers here: if her spray painting was an act of performance art, then would that be protected by the First Amendment?
socialindependocrat
(1,372 posts)No matter how much you deny it -
the anger just comes out in all these inappropriate ways.
LanternWaste
(37,748 posts)I've often found that what "seems" to be, and what actually is, are quite often two wholly separate things-- regardless of how many qualifiers I allow it.
But I'm not a clever guy, and have long since realized that what I infer is more often than not, predicated on my own biases.
socialindependocrat
(1,372 posts)so you are saying I am projecting my feelings on the woman in the post.
and since the Repukes are doing a lot of projecting you are actuall infering that I am a troll
Now wait a minute!
I ain't no stinking troll!!
Glad I got that off my chest!
Have a great day!!
sabrina 1
(62,325 posts)I share her hatred for bigotry and hatred.
The woman responsible for that poster, the anger of her debilitating hatred clearly visible for all to see in the inappropriate actions she has been paid to engage in, is a hero to Norway's Mass Murderer, the bigoted hater who killed so many innocent people.
frylock
(34,825 posts)oh, the fucking humanity.
no_hypocrisy
(46,169 posts)defacing, marring, changing, blocking, etc. public property, it won't likely be ruled in a court of law as "performance art".
I would guess that if someone stood in front of the subway, holding a sign with a message, that could be performance art or dancing in front of it.
DLnyc
(2,479 posts)wouldn't I have as much right to put my spray painted message up as the creeps who put up these ads have?
no_hypocrisy
(46,169 posts)Your contribution would be getting the same visibility for free. So it really isn't public property in a sense.
robinlynne
(15,481 posts)Scuba
(53,475 posts)Hell Hath No Fury
(16,327 posts)The group behind them are free to pay money to have them posted, and others are equally free to express their opinions on them.
ProgressiveProfessor
(22,144 posts)Hell Hath No Fury
(16,327 posts)I think placing one of these across the ad would be appropriate:
ProgressiveProfessor
(22,144 posts)That is vandalism and A&B. Not free speech.
Comrade Grumpy
(13,184 posts)frylock
(34,825 posts)FrodosPet
(5,169 posts)And comes with a few hundred hours of scrubbing grafitti.
So do you think Repugs should get off scott free if they were to deface an Obama poster?
Should someone feel free to tag anything anywhere so long as it can be considered political?
The thing about civil disobedience, regardless of the merit, is that it entails consequences.
frylock
(34,825 posts)SleeplessinSoCal
(9,138 posts)ProgressiveProfessor
(22,144 posts)Note that she the media was there since she called them.
Response to ProgressiveProfessor (Reply #12)
bupkus This message was self-deleted by its author.
4th law of robotics
(6,801 posts)Response to 4th law of robotics (Reply #34)
bupkus This message was self-deleted by its author.
4th law of robotics
(6,801 posts)would be considered illegal vandalism.
Going by US laws no that would not be. It's their property.
Response to 4th law of robotics (Reply #40)
bupkus This message was self-deleted by its author.
4th law of robotics
(6,801 posts)which is what we're discussing.
You think the current subway lady should be held to the legal standards of nazi germany?
The signs were Nazi property that were posted in Jewish shops. Go tell the Nazis you don't want their signs in your window and you're going to spray paint them.
I'll see you in Auschwitz, if you make it that far. Have a nice shower.
You realize this is a ludicrous redirect that has nothing to do with the topic at hand.
ProgressiveProfessor
(22,144 posts)appal_jack
(3,813 posts)The 1st Amendment does not protect property destruction. It's protected performance art if you destroy your own poster. Once you start destroying other people's stuff, the 1st Amendment is comparatively irrelevant.
Note, I don't support calling Palestinians 'savages,' I'm just relating how her case will be tried. She could try a 'necessity' defense, though most judges frown upon that...
-app
Response to closeupready (Original post)
bupkus This message was self-deleted by its author.
Perhaps you've heard of the Constitution, and more specifically, the first amendment to that document.
Response to Indydem (Reply #9)
bupkus This message was self-deleted by its author.
oberliner
(58,724 posts)Would that make any difference?
Response to oberliner (Reply #17)
bupkus This message was self-deleted by its author.
ProgressiveProfessor
(22,144 posts)The MTA had to be sued into allowing the 6 Geller paid for signs. MTA would have to allow opposing signs on the same terms.
The solution to bad speech is more speech, not spray paint or assaulting people.
Scootaloo
(25,699 posts)No, the MTA would not "have to" allow it. The MTA is a council of people, not a computer program, and I would very happily place any amount of money on a bet that they would absolutely never allow a sign condemning Jews or Israel in a similar fashion to these. Nor would they allow it for Christians, or even Atheists.
The difference is that in this country, it's acceptable to hate Muslims.
In this case? Spray paint is speech. It's a fucking poster, not someone's front door.
ProgressiveProfessor
(22,144 posts)The MTA was forced to allow the current posters by the courts. They opposed them. Given that precedent they would have to allow similar ones, even if they just replaced muslim with jew. It has nothing to do with what is more acceptable in the US, its free speech and its the law.
Spray painting something is not speech, its vandalism. It what Black Bloc does. In this case it may also have been A&B.
Watch the full video. Carlos has it up (http://www.carlosmiller.com) at his site. The vandal called the press and knew the results. Most likely they will have to pay restitution.
azurnoir
(45,850 posts)and yes I agree watch the video especially the ad that proceeds it.
ProgressiveProfessor
(22,144 posts)Carlos is a member here and is doing a number of good things WRT to the 1st amendment. Its also the URL I remembered. I think the ads rotate, not unlike those here at DU
I supported Occupy with tech and money. I was at several encampments over time. What about you?
azurnoir
(45,850 posts)I've seen quite a few defending 'free speech' lately
Scootaloo
(25,699 posts)I just don't harbor any faith that "the rules" as established would be equally applied to all cases. After all, we're talking a city where other free speech is met with chemical weapons to the face and police batons to the neck.
If I were to see such a sign, I don't imagine I would clasp my hands and gaze in wonder at it as a monument to free speech. Sadly, since I'm not in Ms. Gellar's income bracket (apparently, bigotry pays well), I lack the resources to actually counter the hateful message being spread. I can't afford a campaign to put up my own signs countering hers, right? So what's the solution?
I would deface the things, too. Now, you might not agree with that - in your eyes, these things are a national treasure, it seems, but... yeah. it's posterboard and ink, fuck it, if they want to replace it I'll send 'em a fucking quarter, and do it again. Nothing like a fresh canvas.
As for the comparison to the black bloc, no. Sorry, not valid. The police - er, sorry, "black bloc" smash up places of business. There's a bit of difference between smashing display windows and merchandise, and spray-painting a sign. A difference to the tune of several thousand dollars or more, a difference of livelihoods being affected.
As for "assault and battery" I think Riley Freeman sums it up nicely.
Tom: I don't think that...
Riley: I see piss coming, I move.
Tom: Mmmhmm
Riley: She saw piss coming, she stayed!
I love the Boondocks both the show and the written strip
24601
(3,962 posts)people?
If the foo shits, wear it.
Seriously folks, popular speech doesn't need protection. The 1st Amendment protects the speech that otherwise would be squashed.
azurnoir
(45,850 posts)neither is acceptable
joeglow3
(6,228 posts)I can support ideals. I can support committing illegal acts in support of those ideals and being willing to accept the consequences. I canNOT support changing free speech laws to fit an specific ideal.
Response to joeglow3 (Reply #18)
bupkus This message was self-deleted by its author.
joeglow3
(6,228 posts)Sorry, but the courts have ruled almost all (99.99%) of hate speech is free speech. You saying that does not change the fact.
If you get your way, I would hate to see what the right wing courts define hate speech as.
Missycim
(950 posts)as we should, even if we DONT AGREE WITH THE PERSON'S point of view, GET IT?
You aren't allowed to silence (by destroying that sign that's what she is doing) others voices.
Response to Missycim (Reply #21)
bupkus This message was self-deleted by its author.
Missycim
(950 posts)you? me? or a fundie? or a court?
Response to Missycim (Reply #32)
bupkus This message was self-deleted by its author.
Missycim
(950 posts)and its others to PROTEST IT. NOT SILENCE IT. I dont agree with the signs but I don't believe in censorship either. Some see that Islamic movie as hate speech, I am sure there are some anti Christian movies out there that Christians view as hate speech but they both have to get over it.
azurnoir
(45,850 posts)IMO that is no different than the KKK or the American Nazi Party being allowed to do the same, would you support that too?
Missycim
(950 posts)what was the name of the group?
azurnoir
(45,850 posts)Missycim
(950 posts)On second thought I'd be against them posting that message, but if they where to march or speak I couldn't in good conscience have someone censor their speech. Heck everyone has a right to spew what they want as long as they don't call for violence against others.
FrodosPet
(5,169 posts)"Religion is a fairy tale and all its followers are fools"
...then a religious person should have the right to spray paint over it? Or the courts should be able to call that hate speech and ban it? After all, that is a broad brush insult to their religion, correct?
The challenge: Write a constitutional amendment repealing the First Amendment in such a way that it would only allow progressive speech and be unchallengeable in court.
SlimJimmy
(3,182 posts)matter. Get it?
Codeine
(25,586 posts)sabrina 1
(62,325 posts)anti-hate-speech spray-painting seems like 'speech' to me. You may not agree with her pov, or her method of speaking, but if we are going to agree to protect the most vile hate speech, then we should be willing to protect speech that opposes it.
You are asking that we approve of money being spent on defacing our cities with hate speech, but that we oppose of someone defacing THE HATE SPEECH. This makes no sense to me. Either you believe in everyone's right to speak by whatever means they choose, or you don't.
Imho, the spray painter was engaged in speech covered by the 1st Amendment. She was expressing her opposition to this vile bigotry. Seems like a fair trade to me.
snooper2
(30,151 posts)Comrade_McKenzie
(2,526 posts)Try again.
Instead of being a vandal, put up your own goddamn ads to counter the bullshit.
closeupready
(29,503 posts)I thought he was an artist...?
Response to Comrade_McKenzie (Reply #29)
bupkus This message was self-deleted by its author.
ProgressiveProfessor
(22,144 posts)After watching the video, it looks like the vandal also committed A&B on the person who stood between her and the poster. Depending on NY law and precedent, it may even be a felony. Her actions are no better than those of the Black Bloc
frylock
(34,825 posts)Kelvin Mace
(17,469 posts)If so, then that should be some people's head on a platter.
ProgressiveProfessor
(22,144 posts)ProudToBeBlueInRhody
(16,399 posts)It was ruled it would violate free speech to reject them, and I demand to know how a judge can claim that. Seems to me it's a matter of advertising, not free speech.
Kelvin Mace
(17,469 posts)Che fatica essere uomi!
ProgressiveProfessor
(22,144 posts)Depending on the source. Eltahawy sprayed paint on that person as well. No assault charge for that (yet)
closeupready
(29,503 posts)claims are permissible, are they not?
ProgressiveProfessor
(22,144 posts)Spray painting someone is felony A&B in many jurisdictions. She stood between the vandal and the poster. The vandal sprayed anyway. Not sure how much hit the supporter. The supporter later used her monopole to push the vandal back. Without a complaint, nothing will happen. The vandal is an idiot and behaved like Black Bloc members. No sympathy from me.
Checkout www.carlosmiller.com for the video. He is also a member of DU
azurnoir
(45,850 posts)work, perhaps he had no choice in the adverts on his site
http://www.pixiq.com/article/reporter-arrested-in-confrontation-with-photographer
ProgressiveProfessor
(22,144 posts)The couple that I saw were not political. Carlos and PIXIQ are also separating very shortly.
closeupready
(29,503 posts)1) Eltahawy broke the law in defacing the ad; and
2) I agree with her that Geller's ads are abominable.
Eltahawy has also apparently been a guest on Bill Maher and has appeared as a panelist during round table discussions about current events in the arab world, and current events impacting musilms, such as banning of the veil in France.
ProgressiveProfessor
(22,144 posts)Its changes petty vandalism into A&B
closeupready
(29,503 posts)If that's what you are asking (if Eltahawy committed that), no, I do not think so.
Aside from equipment/clothing replacement costs from damage which results from the paint, the videographer was not physically harmed. Mitigating arguments against Eltahawy is the fact that the videographer FIRST saw Eltahawy spray painting, and THEN put herself in between the poster and Eltahawy, and did so despite the fact that Eltahawy WARNED her against putting herself there prior to the videographer intervening.
Having said that, I am not a lawyer and I do not know what is legally required in order to show a jury that A&B, as defined in statutes, was committed.
ProgressiveProfessor
(22,144 posts)is given. Think about it on a bigger scale than this event and you can see why. For example "Its his own fault he got killed. I told him I was going to shoot the other guy, he did not get out of the way so its his fault that I shot him, not mine".
I would be much more sympathetic to the vandal if they had just done it and moved on, and not made it a preplanned media event. Once the counter demonstrator showed up, some defacement had been done and the point made. The vandal was a way too ego driven for me on this one.
closeupready
(29,503 posts)Further, "Pamela" was evidently not physically harmed.
Finally, it puzzles me that a protester's personality is a pivotal consideration for you in whether you sympathize with the message, and/or how much you sympathize. Doesn't seem rational, and in light of your pen name here, it's really weird.
On a separate issue, did you comment on Rachel Corrie's death, and if so, would you revise it now?
ProgressiveProfessor
(22,144 posts)If someone hit all the posters (all 6 I think) with COEXIST bumper stickers and moved on, I would be much more sympathetic. I have supported monkey wrenching in the past, and at times still do.
Note that injury is not required for A&B to have occurred. If someone attacks me, I fend off the blows and with one punch break their jaw. They committed a felony, not me.
I have commented in the past on Rachel Corrie's death. I do not consider them analogous.
closeupready
(29,503 posts)order to get your attention to ask for directions, that is not A&B.
Even if the law technically states that it is, could you find a jury willing to brand someone a felon?
Seriously doubt that, and prosecutors would be wasting how much taxpayer money on a foolish witch hunt?
ProgressiveProfessor
(22,144 posts)It sill requires at complaint. Be interesting to see if one is coming.
As a practical matter if the counter protestor had been sprayed on the face or head, its a easy call. If they got some overspray on their coat, not so much. It would go to intent.
IMO the vandal set it up as a media event and played to them The counter protestor knew about media or saw them ahead of time and played to them as well.
azurnoir
(45,850 posts)assaulted Eltahawy with her (the employees) camera making Eltahawy response self defense, if you really wish to go there, funny that you seem to miss that part
ProgressiveProfessor
(22,144 posts)If she was indeed sprayed, its could reasonably be self defense (moving her attacker beyond the effective range of the spray can). It could have been ground for more substantive defensive action which fortunately did not occur.
No word if Carlos's assumption is correct about an employer/employee relationship. He was harsh about it. Legally, I am not sure that it matters.
I might not be so down on the vandal if they had just done it and not intentionally made a self aggrandizing media circus over it. Drama queens come in all political stripes.
starroute
(12,977 posts)Eltahawy is active in the Progressive Muslim Union, and has been a strong critic of the Egypt-based Muslim Brotherhood. Her work has appeared in the Washington Post, The New York Times, Christian Science Monitor, and the Miami Herald among others.
Eltahawy is a frequent guest analyst on U.S. radio and television news shows. She also speaks publicly at universities, panel discussions and interfaith gatherings on human rights and reform in the Islamic world, feminism and Egyptian Muslim-Christian relations in addition to her other concerns. From 2002 to 2004, she was managing editor of the Arabic-language version of Women's eNews, an independent, non-profit news website that covers women's issues from around the world.
The Economist in 2009 credited Eltahawy with coining the phrase "the opium of the Arabs", referring to "an intoxicating way for {Arab leaders} to forget their own failings or at least blame them on {Israel}. Arab leaders have long practice of using Israel as a pretext for maintaining states of emergency at home and putting off reform."
On 24 November 2011, she tweeted (@monaeltahawy) "beaten arrested in interior ministry" amid renewed protests in Tahrir Square. She was held in custody for 12 hours and accused those who held her of physical and sexual assault. Her left arm and right hand were fractured.
closeupready
(29,503 posts)participates here on DU at all...? Obviously, there's life beyond DU, lol, but thanks for posting that info, I had never heard of her before this story.
Comrade_McKenzie
(2,526 posts)Response to Comrade_McKenzie (Reply #27)
bupkus This message was self-deleted by its author.
Comrade Grumpy
(13,184 posts)Done in front of cameras to make a point.
She will pay her fine.
ProgressiveProfessor
(22,144 posts)Ironic don't you think
Comrade Grumpy
(13,184 posts)ProgressiveProfessor
(22,144 posts)I really see both sides as drama queens at this point
4th law of robotics
(6,801 posts)that seems like destruction of property.
If she wanted to destroy her own property in protest that would be fine. You don't get to ruin other people's stuff because you're mad.
Fortunately in the US she will be given a trail and human rights and won't simply be stoned out of hand for acting out of place in public as a mere woman.
bluedigger
(17,087 posts)When law fails, conscience must triumph.
ProgressiveProfessor
(22,144 posts)bluedigger
(17,087 posts)I do see her attempting to avoid the counter protester, who puts herself in harm's way voluntarily, and failing. The only assault I see is the counter protester using her monopod as a weapon. It's too bad there probably won't be a jury trial as both attorneys could make an interesting case, I think.
ProgressiveProfessor
(22,144 posts)illegal. However, without a complaint nothing will come of it.
bluedigger
(17,087 posts)The whole point is to provide a just remedy to the aggrieved party, isn't it? If she is content to let it lie, then so should we be. She can always sue in small claims court for damages to her clothing/equipment.
ProgressiveProfessor
(22,144 posts)At this point I see both sides as drama queens looking for coverage. It will be interesting to see if a criminal complaint gets filed. Even if nothing comes of it, it would have PR value, gain for both sides.
Normally in a vandalism charge there are restitution fees to the property owner. That would be ironic in this case
mitchtv
(17,718 posts)but without media and confrontations , and I would have gotten half a dozen done without being arrested. It is however, civil disobedience, vandalism, and it you get caught, you pay.
darkangel218
(13,985 posts)closeupready
(29,503 posts)darkangel218
(13,985 posts)Duer 157099
(17,742 posts)countryjake
(8,554 posts)Blasting hatred and bigotry!
The thuggery of Geller's gang has vowed to replace every single one of their despicable signs, as fast as they are marked for what they truly represent...Racism. Those asshats have been kept very busy this week, as their hateful "free" speech is "marred" with righteous free speech:
Ms. Eltahawy knows too well the risks that accompany civil-disobedience, from her experiences last year in supporting the Arab Spring Revolutions.
Condemn oppression in all of its forms. Wherever we see it!
closeupready
(29,503 posts)applies to Eltahawy's civil disobedience here?
countryjake
(8,554 posts)as I said in my previous post, Mona knows the consequences of such a protest in this country, just as she knows the risk of standing up to hate elsewhere in the world. I commend her action in that subway tunnel.
I also noticed further up this thread that you said you'd never heard of Ms. Eltahawy before today. Here is one good example of her recent writings:
Why Do They Hate Us?
http://www.foreignpolicy.com/articles/2012/04/23/why_do_they_hate_us
ProgressiveProfessor
(22,144 posts)countryjake
(8,554 posts)And if it takes yet another "media event" to shine the light on Geller's insidious promotion of such disgusting blatant racism, I would much rather it be executed with angry pink spray paint than the violent outrage we've seen as a result of Geller and her cohorts' antics.
BRAVA MONA ELTAHAWY!
ProgressiveProfessor
(22,144 posts)Its not like Gellar and these posters were hidden in any way. MTA tried to turn it down and were forced by the court to accept them.
Its not racism, though it is arguably hate.
Gellar was not associated with that stupid video, which is what I assume you are referring to as antics.
The vandal may also be open to charges of A&B. Not clear if that will happen, a complaint is needed first.
Personally a large COEXIST sticker across the bottom would have been about the perfect monkey wrench for those posters, no media needed.
countryjake
(8,554 posts)Really? Oh yes, let us all talk about questioning motives!
What in the world do you mean by that?
Am I to assume that you are posting in this thread in support of those SIOA-FDI signs? Are you excusing Geller's own vicious attacks on Muslims?
ProgressiveProfessor
(22,144 posts)A person who commits vandalism is called a vandal, regardless of motive.
You should assume nothing of the kind. Because it was a staged media event I am doubting the motives of the vandal, a person you hailed.
I can see/understand/and times support money wrenching, which is also a kind of vandalism. Some COEXIST stickers across the bottom two line would have been cool. You posted those kind of pictures previously, assuming they were not photoshopped cut and pastes.
The posters are noxious and are not helpful in any way. MTA was forced by the court to allow them. There are 10 (not 6 as I posted earlier) which cost $6K for 30 days. Its free speech and those rights mean enough to me that while I disagree with it, I will tolerate it. I also believe that the solution to bad speech is more speech, not self aggrandizing media events.
Comrade Grumpy
(13,184 posts)Of course it was a staged media event. That's how you get attention.
Mona will pay her fine.
And I hope you get over that attack of the vapors you've been suffering throughout this thread.
countryjake
(8,554 posts)"self-aggrandizing" or question her motives by branding her a "spineless media whore" are sites like Geller's own devices, such as AtlasShrugs, which is why I asked why in the world you would be here doubting the motives of the woman. What exactly do you think her motives might be?
I believe that her intention was quite clear.
And I will continue to hail anyone in this country who stands up to bigotry, racism, and hate groups like the ones who hung these despicable signs.
The SIOA-FDI are designated hate-groups and those signs are most assuredly racist. Condemning racism is honorable, don't ya think?
Douglas Carpenter
(20,226 posts)people here would be denouncing that as vandalism and calling for protecting the free speech of anti-Semites who are involved in a hateful intimidation campaign against Jews in New York City. I wonder if all this concern about free speech rights would be the same?
Behind the Aegis
(53,979 posts)As for you question, the hypocrisy would be the same and you know it! It is NO different than when a poster here brags about vandalizing a right-wing sign, but all of the cry and gnash their teeth when someone does the same thing to one of their signs.
Shitty Mitty
(138 posts)And we're at war with the right-wing
onenote
(42,752 posts)What she did is not protected.
riverwalker
(8,694 posts)Mona Eltahawy is not just "Woman arrested" she is a heroine to many around the world who believe in freedom and justice. Not long ago she had both arms broken by Egyptian military police. Here is the video confrontation that led to recent arrest.
http://www.nypost.com/p/news/local/manhattan/video_exclusive_woman_defaces_anti_3xZ5mGVAGc1b6KUMFKGseK
Her Blog:
http://www.monaeltahawy.com/blog/
Twitter:
@monaeltahawy
https://twitter.com/monaeltahawy
Nye Bevan
(25,406 posts)She could buy her own ads. Organize a protest. Hold up a sign that states her thoughts. Hand out flyers that explain her objections. Start up a group of like-minded people to protest against them. Why resort to spraying paint around?