The letter to the editor was printed over nine months ago but its effect is still reverberating through Arizona. The Dec. 2 letter in the Tucson (Ariz.) Citizen made a suggestion on how to end "the horror" of American soldiers being killed in Iraq: Go to the nearest mosque and kill five Muslims.
In response, fearful Muslims kept their children home from religious school.
The Gannett Co. newspaper received numerous protest letters from readers, issued an apology and sent staff members to meet with members of a local mosque. Then the controversy moved to the courts.
Two men on Jan. 13 filed a class-action lawsuit against the newspaper on behalf of Islamic-Americans, and the Arizona Supreme Court is being asked to decide whether to overturn a trial judge's ruling allowing the newspaper to be sued for alleged distress caused by what it printed.
The newspaper argues that its First Amendment rights protect it from such lawsuits, but the plaintiffs contend that the newspaper, by choosing to publish the letter, crossed the line.
"You can express your opinion but not - especially with what's going on in the Middle East - if you put some people's lives at risk," said plaintiff Aly Elleithee, an accountant and immigrant from Egypt. "Somebody has to be accountable for what they did."
The Citizen argues that the most fundamental of First Amendment freedoms - the right to engage in robust political debate - is at stake.
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