The Dearborn Four and the Rule of Law
July 12th, 2010 / Author: Tom GilsonThe “Dearborn Four” are to be arraigned this morning. Here’s a local news report on their situation (via answeringmuslims.com).
What shall we say about this, especially the mayor’s remarks? I don’t recall it being illegal to talk about one’s faith outside a “designated free speech area.” I wonder what name you give to public places surrounding such a zone. Maybe, “designated First Amendment-free zone.” The city of Dearborn has published a letter explaining their position on this.
For those of us with limited access to the facts, it all remains to be sorted out. It seems odd, though, that Dearborn would not have returned this group’s video equipment to them. The city clearly wants not to be condemned for their actions (see the title of their letter, linked above). If they did nothing wrong, they have been taking unusual pains to hide the evidence thereof.
Now, even though I’ve been building a friendship with Nabeel Qureshi, one of the Dearborn Four, since last November, I don’t know enough about the circumstances there to be convinced their evangelistic methodology was the best. Other Christians I respect strongly, especially Josh McDowell, have been developing positive relations there while also sharing Christ. I’m suspending judgment on that while we all wait for further information. But there is another issue in question here, which is liberty and the rule of law.
With respect to Mayor O’Reilly’s comments, I wonder especially what law there is against “motives” that “violate the spirit of the Constitution.” What were this group’s motives? How does the mayor know them, and how does he know that he knows them? Usually we infer motives from what people say and what they do. This group has not provoked controversy in other Muslim-centric venues, only in Dearborn, where in 2009 (based on video testimony) it seems it was others besides themselves who escalated the confrontations. How do we infer evil motives from that? They’ve said they came for respectful, peaceful dialogue. How do we infer evil motives from that?
Motive and intent are relevant when an actual crime is being contemplated or has been committed. They form part of the distinction between first-degree murder and other lesser crimes. They are obviously relevant to laws against conspiring to commit a crime.
But this has more the flavor of a bad Western movie plot line:
“I’m locking you up for disturbing the peace, Smith.”
“What for, Sheriff?? I was just sitting and talking peaceably with the bartender here.”
“Sure, but you knew when you rode into town that Big John is here, and Big John wants to pick a fight with you. You came here just to stir him up.”
“Is that right, Sheriff? How does that work, then? I’m sitting here as peaceful as can be, and I’m doing nothing wrong. Big John wants to pick a fight with me, and for that, you think I’m the one disturbing the peace?”
“That’s right, Smith.You came to town wanting to get Big John to pick a fight with you. That makes it your fault, clear as day, and that’s why I’m putting you behind bars.”
What’s wrong with that scene? First, the peace was not yet disturbed. Second, if it were to be disturbed, it would be Big John who would be doing it, not Smith. And third, the Sheriff claimed he knew why Smith came to town—and he made that the cause for arrest.
If we are going to have elected officials in this country who think they can decipher motives that way, then we’ll have elected officials who will think they can have us arrested based on what—their impressions? or their telepathic abilities?
As for violating the “spirit of the Constitution,” what on earth does that mean? Probably whatever anyone wants it to mean. Suppose, though, this group actually did go there to stir up trouble by talking about their religion. I don’t think so, but suppose they did. Where in the Constitution do we find a “spirit” violated by that intent?
I don’t know what’s in Mayor O’Reilly’s mind, but I know where his words could lead, if he or anyone else took them seriously: arrests made without any actual crime in view, just on the basis of some mysteriously interpreted motive, or for violating some privately inferred “spirit” of the Constitution. What do you think—could the rule of law survive?











