Jailing of 'Innocence of Muslims' creator raises free speech worries

Posted: October 3, 2012 at 8:12 pm

As rioting over the anti-Islam film "Innocence of Muslims" spread across the Muslim world, President Obama and Secretary of State Hillary Rodham Clinton both deplored the film's message but defended the free speech rights of its creators. In Clinton's words: "We do not stop individual citizens from expressing their views, no matter how distasteful they may be."

But now one of the film's creators, Nakoula Basseley Nakoula, is sitting in jail in downtown Los Angeles. He may face two years in prison for allegedly violating the terms of his probation through his actions surrounding the film's production. News of his arrest and detention has been widely covered around the world, causing some to worry about the perception that the United States was punishing Nakoula because of the content of his movie.

Government officials maintained that Nakoula was back in custody not because of the impact of the movie, which portrays the prophet Muhammad as a womanizer and a child molester, but because he had used aliases in producing the film and lied to probation officers.

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Nakoula, who was on a type of probation known in the federal system as supervised release, served time in prison for a 2010 conviction for taking out bank and credit cards under myriad fake identities. He now faces eight charges of probation violation. The allegations include making false statements to authorities about the film claiming his role was limited to writing the script and denying he used the alias "Sam Bacile."

Authorities say they have proof Nakoula's role in the movie was "much more expansive" than that of a writer and that Nakoula could face new criminal charges for lying to federal officials.

Probation officials are recommending a two-year prison term for Nakoula, despite a guideline range of four to 10 months.

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A federal judge ordered him held in protective custody without bail, saying he is a flight risk and poses "some danger to the community."

Some legal experts said the government was on firm legal footing and had little choice but to enforce the terms of Nakoula's probation once he came onto their radar.

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Jailing of 'Innocence of Muslims' creator raises free speech worries

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