Translation Errors

April 26, 2012
Translation Errors
by
Kasim Qureshi

Free Speech on trial in Mehanna's Conviction

Assistant U.S. Attorney Jeffrey Auerhahn giving his closing arguments in the trial of Tarek Mehenna. Behind him are Jay Carney, Janice Bassil and Mehanna. Their two aides are front right. (Margaret Small 2011). Image courtesy of Radio Boston. http://radioboston.wbur.org/

DropCap he recent conviction of Tarek Mehanna on terrorism charges has worryingly demonstrated once again that Muslims in Western democracies are being excluded from constitutional liberties.

Mehanna was given a 17.5 year sentence for providing material support to terrorists, conspiracy to kill in a foreign country and 3 counts of lying to officials. The main case against Mehanna should have been protected by freedom of speech principles. He was charged based on making an online translation (from Arabic to English) of material which promoted fighting against foreign occupation of Muslim lands.

The legal test for when speech is criminal is based on two conditions. First, the speech must be focused on inciting or producing imminent lawless action. Second, it must be likely to produce such actions. Mehanna’s translations and speech do not meet these tests. However, by labeling his works as ‘terrorist’, the courts were able to utilize the broad and subjective definition of terrorism to criminalize Mehanna’s actions. For his part, Mehanna has vehemently denied supporting the Al Qaeda worldview and has insisted that he is against attacks on civilian targets.

It is deeply concerning that the courts did not consider the above protected speech. You may not agree with Mehanna’s views or his wisdom in expressing it, but it should have been afforded the same legal protection as all other speech. The plain language translation of the court’s decision is that expressing a contrary opinion about US foreign policy can and will be criminalized. Freedom of speech has sustained another attack.

Kasim Qureshi is a news writer for the Magazine. He is currently completing a bachelor of science at the University of Calgary.
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