Hmmm. It almost seems like radical Muslims (who kill in the name of Islam) and moderate Muslims (who point to the killings and demand changes) are after the same thing--Islamic supremacy. But it would be racist and bigoted of me to say this, so I won't point out the obvious.
KANSAS--In the language of law, Qur'an burning would be an expressive conduct. The First Amendment is generous in protecting oral and written word. It is less so with respect to expressive conduct. The First Amendment shelters expressive conduct if it does not threaten to disturb the peace. The United States Supreme Court declined to outlaw the burning of an American flag because, "no disturbance of the peace actually occurred or threatened to occur."
The flag precedent does not apply because Qur'an burning is an expressive conduct that incites actual violence. So far Qur'an burning has produced instantaneous violence outside the United States. Given the presence of a growing population of American Muslims, Qur'an burning threatens domestic peace. Media and blog invectives may have forced Justice Stephen Breyer to retract his otherwise sound intuition that the First Amendment would not protect Qur'an burning.
Invoking their constitutional right, American Muslims should petition the United States Congress for a redress of grievances. They must demand constitutionally sound legislation that outlaws desecrations of the Qur'an. For Congress, such legislation will demonstrate to American Muslims that the United States is prepared to break away from the medieval custom of assaulting the dignity of the Qur'an. It will also send a powerful message to Iraq, Afghanistan, Pakistan, Libya, and the entire Muslim world, that the U.S. is neither Islamophobic, nor anti-Islamic, a move that can undermine terrorist threats to homeland security.
To their credit, Western European nations have adopted anti-hate statutes, which would proscribe burning of the Qur'an. A few days ago, the British government arrested a Welsh politician who allegedly burned a copy of the Qur'an. The British government has also banned Pastor Jones from entering the United Kingdom. (Read more.)
Senator Lindsey Graham would agree completely: