On Saturday, the Daily Caller reported that the state of California has leveled misdemeanor charges against 41-year-old Mark Feigin for five anti-Muslim comments he posted on the Islamic Center of Southern California’s Facebook page in 2016.
According to the California Attorney General’s office, Feigin’s comments constituted “repeated contact by means of an electronic communication device” with “intent to annoy or harass,” a misdemeanor under California law, Reason.com reported Friday.
In October 2016, Feigin admitted that he wrote the following comments between Sept. 17 and 25 of the same year.
- “THE TERROR HIKE … SOUNDS LIKE FUN” (In reference to the Center’s advertised “Sunset Hike”)
- “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 sh*t has no place in western civilization.”
The Daily Caller added:
ICSC Communications Coordinator Kristin Stangas blocked Feigin soon after he made the final post, but also kept copies of the comments to pursue legal action. The Los Angeles Police Department arrested Feigin Oct. 19 and interviewed him. Feigin is now arguing that his charges should be dismissed because they are based on an unconstitutional application of the law.
Specifically, Cal. Penal Code § 653m(b) states that “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 AG’s office argues that Facebook comments are not legally different from telephone calls in this circumstance, and that Feigin’s intent was clearly to “annoy or harass,” making his actions illegal.
Feigin’s trial is set to begin on January 2, according to court records.
The law cited above does not specify punishment, but notes: “If probation is granted, or the execution or imposition of sentence is suspended, for any person convicted under this section, the court may order as a condition of probation that the person participate in counseling.”
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