Interfaith Relationships Support Group

What do you think... if this was done to you would you consider this free speech or harassment?

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Trial raises issues of free speech, prejudice



It's a little trial in terms of length.

A mighty trial in terms of issues, according to the Minneapolis attorney representing Patricia Stockwell.

"This case involves important First Amendment questions," Frederick Goetz told Judge Kevin Lund in arguing pretrial motions Wednesday morning.

Stockwell, 47, of Rochester, is accused of verbally threatening another woman because she is Muslim. The Olmsted County Attorney's office has charged her with two counts of felony harassment and one count of misdemeanor disorderly conduct. She has pleaded not guilty.

Her trial got under way Wednesday with pretrial motions and an afternoon of jury selection. The whole trial could be over by the end of today.

The charges stem from alleged conduct in September 2006, when Stockwell is accused of verbally attacking and threatening a Somali woman based on Stockwell's belief that the woman was Muslim because of the head scarf she was wearing.

At a previous court hearing, Stockwell said she believes followers of radical Islamic beliefs are at the root of much of the violence in Iraq, bombings in London and other violent acts.

The Somali woman told law enforcement she felt threatened, that Stockwell told her she felt like killing her. The woman was going to work at the time and screamed for her supervisor.

Stockwell denied yelling at the woman and said she was just trying to "plant a little seed" and urged the woman to say no to Islam.

Goetz said the question is if the words Stockwell admits to using were "fighting words." Or if they are protected as free speech under the constitution.

Goetz said the words used by Stockwell are the same ones used by President Bush in his 2006 and 2007 State of the Union addresses. Goetz wanted Lund to allow him to show those speeches to jurors. Goetz said it would help the jury assess whether Stockwell's statements were "fighting words" and a true threat or not.

"Her message was just to say no to violence, say no to killing and no to radical Islam," Goetz said.

But prosecutor Ross Leuning successfully argued against bringing the president's speeches into the trial. He said they aren't relevant. Lund agreed.

"This (trial) is not a referendum on the war, on the war on terrorism or on Bush or any other policy," Lund said. This is not a First Amendment case, he said. "It boils down to whether the state can prove she harassed this woman or engaged in disorderly conduct toward this woman based on her actions or words. I want to keep this case reined in."

Attorneys spent the afternoon questioning potential jurors about their views on freedom of speech, Muslims and prejudice.

"Can you look at someone and tell if they are radical?" Leuning asked jurors. A man responded no.

"If someone is wearing a crucifix does that make him a radical Christian?" Leuning asked.

"No," the man responded.

"That gets me to the concept of prejudice," the attorney said.

"Can a person judge someone based on their appearance?" he asked another juror. "If we do, is that pre-judging someone?"

"Yes," the juror said.

"Is it right to pre-judge others?" Leuning continued.

"No," the same juror responded.

The jury was seated late Wednesday afternoon.

3/13/2008 9:30:47 AM
By Janice Gregorson
Post-Bulletin, Rochester MN
Posted on 03/24/08, 01:38 pm