“The First Amendment...leaves no apparent way to discriminate against Muslims. But, somehow, we’re going to have to figure out a way around it.”
There are well established exceptions to unlimited free speech (slander, incitement, fighting words, yelling fire in a crowded theater).
We just have to recognize when something claiming to be a religion has gone beyond what is reasonably within the bounds of religion to be protected.
Islam incites to violence, infringes on individual and human rights, and is subversive to the State. If legal determinations were made that elements of the Koran constitute hate speech, incitement or treason; then promoting it (or those particular elements) could be outlawed and legally sanctioned). Indeed, on the basis of any individual incident this could be determined in court, but being reversed could set legal precedent in the other direction.
Bottom Line: The truth about Islam needs to be admitted for the law to work against it.
It is a totalitarian political movement that has co-opted religion into its movement, and adopted criminal practices. Those political and criminal elements must not receive the protections of religion. Religion is protected to protect the individual’s freedom of conscience, not to shield criminal behavior from enforcement.
It is a totalitarian political movement that has co-opted religion into its movement, and adopted criminal practices. Those political and criminal elements must not receive the protections of religion. Religion is protected to protect the individual’s freedom of conscience, not to shield criminal behavior from enforcement.
Your point is strongly made. Except, being realistic, the USA is never going to modify the First Amendment to exclude the practice of what is considered one of the world's "great religions". We're never going to say to the millions of Muslims who are law-abidi9ng citizens of the United States that they can't continue to practice their religion.
As you note, there are statutory exceptions made to free speech. But the exceptions to freedom of religion that I'm aware of are all exceptions to statutory law -- native American religions are allowed to use peyote, etc. Hell, we even allow the practice of Satanism (so long as it doesn't involve the sacrifice of humans).
Accordingly, we've got to find another way to isolate and control the Islamic terrorists. "Sharia law" offers an opportunity to do so. While it's bound up as part of the religion, it is, in fact, a set of laws that control everyday life, a system of governance.
Thus, Sharia Law could be banned -- just as we, at one time, banned Communism (and probably should again). Sharia Law is clearly incompatible with the Constitution and any practicing Muslim (or Mullah) who insisted on following Sharia Law could be declared persona non grata or barred from entering the country.
We're never going to outlaw Islam. But we could conceivably outlaw Sharia Law.