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Subject: Re: refEection assignments:

Message no. 6, Authcur: Totti Hastings (as9,9t11t2)

in COUFse content

~.....-...- . - - .. . --.-. ...... yeah.. nazis o'ftly told the truth as they sCht it: too, and 1 pear plenty of '"t!Jro,t\:b'" about Jews. and blacks, and all kinds Qf people. I rill not toleJrate $l:lch!essentialiSlll add hysteria. t. not you, will determioE!' the nature' of Chis. cOll!l:seas l,0DtJ as 1'. Ilri.red W e.eadt it. r will set oat the groUlild I:l:liles. litot. you. YOll! liiave rrat- Q[IIli.y vio.lated them from I'D" very first postillq. you are clLearl.y I1lliliwillin91 to learn. a'l1I!)ttrer path" another pDSISIibll.e W/ay OUlt of the hilte box im ~bicb yO.I'l\ can Slteiir Il,Dltt:iil yOIl ded.dE! you. c.ut be cinl.. You have mOli.d'ea who. any of IlS are. Yau are simply offe.nsive. and : $ay that:: as s:omeone whcS'E!'xatheE is a.Jlt old retired Jeo;t>isbprofe~or. Like me, -he t.auglitt love and compass.iou. not: venqe&nee and hate. I don' t. yet know Ioll11eeh.er :Ecan have you removed frca, this class>, but :r'm mating) inquiri-.es and even if you stay tn. you, eertain1y wcm"t be do.ing wel1-" if tb&.s; is iJD,y' in-d.icatioo. of :fOUl:: capabiU.1t;ie$~

Oate~ M'onday, laauary 10, 2C!JOS~51a:m 9 ~. .. - ...._---_." .. .~ .. ....


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to lK!S$aqe 58 on Monday, JanuClJrY 10, 2:005 8:~am;, John Htmmasti (httllltustU writes: >PEoteS$Or Hast~n9~: E nave nOli: :tta:de an.y "~ate speech retllalE~. called pecpl.e naate~" ar made religri.aus >slurs! l. naffe simpl.y presented trJte br:UItb. as e'lftdenced by bultOricai.l falct:s N!! l,t someone is >a lIlus!i2IIi in. th!-s class t:hen i 1iIotddt llse bawy to hvl!' a, c!&s\S\r:o_ diis:cusS!i.on aOO'Ut Islam' >frolll th.e 'quran and ftadi.tb. in an atteilpt to aid in resolitt:ion o tll,e Peace Process and as >a class.. pJ:ojece in conflict re$Ol~tiM. ][ wQuJld: even be willing! to diseuss. clUda:isD andi >CbriS>tian.ity wi.thin ttJI.is conteltt: as> an. alttempt to 9'aiil!1an ul!1deltS\talndiR~ of the t;xutb amd >tne l:oot c.tll!1'ses,of the mid east c:olllfU.ct. >1 you canaOf!: allOWl "open diiSeUl5SiQtlS'" foe $tu:<f~es O "'hear'" d11.t'ferDq; pfi!fiectiv-es (In >reliqio:us!cultural eonfH.ct and resolut-lon tbereo; t:ft.en you. are n:~ a..1l.1o.ttJing: for aca~c >diversity of opinion and his1to,rical hct! >'Yo be: honest:, it is iJllllfateriaJ. lifhether I have read the tex;t bool:s at. this poUlt or not: ~ >Knere there are no c.lear IRS'ElW'C'IEOl'lS as to on line cOIiIptliter classeS! dlee is a lack >of oollilllunic:ati(!)n between the t'a4:uty aM student bodl1"~ You have asked me to ~ithdra1if >bollll the cl.asIS and iIJl!:e l.DokJlnq iDto> Jtaviinq me :r;emlilved even beore at,temp.tilil91 t.o

>tny "offenses" O'r to p'rovide IIle witll clear instructions as t(l)l wlla-,t aca-dEhldc freeedOllli i >_ "allowed'" in on line reflections; and diseussi.ons. >1: was lIex:e~y tryi1:t9J to get t'he stUde:n,u, to :reflect and. p:n:ov:iclel a. t.opic of dli.sCU1Ssion. :>Weather yo."", are a mus;Lilll or not. sb.Qulld JiJe illlllalt:ed.al as wtil.. Mli:dd of tn:e \trotbl?' >r RAVE sat in classes; with. MuIS.lim\ AN~ Je1idshl pltOfesS'0E8 and n'aV8 aMY fr,e:alE'cIl\ biased! >op:iniQns about is'lm beinf} ell peaceful religiM. whY it: cleuly :is< not! no (\)u UJ:lIt the >sit:es fro. the Qw:an and Hadith wbicb l!'ri.dences Ill&" pos.it:iOI!1 or is that nQt td.thin the

>scope of C<iJ&f11ct resolution i.n the

>Mi. Su.allD.Uti



thi.s class?

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Plaintiff John M. Humasti filed this action on July 22, 2005. His complaint alleges that Portland State University and one of its professors, Thomas Hastings (collectively, "defendants"), violated plaintiffs rights to freedom of speech, free exercise of religion, and equal On

protection under the law by removing plaintiff from a class taught by Professor Hastings.

August 5, 2005, plaintiff filed the instant motion for temporary injunctive relief. Plaintiff alleges he flew from Israel to Portland, Oregon in January 2005 in an attempt to resolve his conflict with Hastings. Plaintiff alleges that "[d]ue to the expenditure or loss of this money for air fare, motion for temporary injunctive


eviction for inability to pay rent." Plaintiffs for the cost of his airfare.

relief seeks reimbursement

Plaintiff also asks the court to compel

defendants to: (1) reinstate plaintiffs

academic financial aid standing; (2) assist plaintiff in

obtaining a formal study abroad program in Israel; and (3) "[r]egister Plaintiff as a Handicapped or Disabled Student and offer Plaintiffthe other disabled students are given." benefits, as well as Equal Protection ofthe Law as




"[A] preliminary

injunction is an extraordinary

and drastic remedy, one that should not be Mazurek v.

granted unless the movant, by a clear showing, carries the burden of persuasion." Armstrong,

520 U.S. 968, 972 (1997) (quoting llA C. Wright, A. Miller, & M. Kane, Federal

Practice and Procedure 2948, pp. 129-130 (2d ed. 1995)). To succeed on his motion for a preliminary injunction, plaintiff must demonstrate either (1) a likelihood of success on the merits

and the possibility of irreparable injury or (2) the existence of serious questions going to the merits and the balance of hardships tipping in plaintiffs favor. Nike, Inc. v. McCartlry, 379 F.3d

576, 580 (9th Cir. 2004). "These two alternatives represent extremes of a single continuum, rather than two separate tests. Thus, the greater the relative hardship to [plaintiff], the less probability of success must be shown." Id. Where a plaintiff seeks preliminary relief not to

restrain a defendant from taking action but to compel a defendant to take affirmative action, "[s]uch 'mandatory preliminary relief is subject to heightened scrutiny and should not be issued unless the facts and law clearly favor the moving party." Dahl v. HEM Pharmaceuticals Corp.,

7 F.3d 1399, 1403 (9th Cir. 1993). As set forth below, the court finds plaintiff has failed to demonstrate entitlement to preliminary relief

First, defendants have not been served with a copy of the complaint or a summons. Accordingly, this court lacks jurisdiction over the defendants. Murplry Bros., Inc. v. Michetti

Pipe Stringing, Inc., 526 U.S. 344, 350 (1999). Second, the only irreparable injury plaintiff asserts is that he will be evicted from his apartment ifhe is not reimbursed for his travel expenses. is not considered irreparable. Generally a claim for monetary relief

Los Angeles Memorial Coliseum Comm'n v. National Football

League, 634 F.2d 1197, 1202 (9th Cir. 1980). In addition, plaintiff fails to substantiate his claim




that he "faces eviction for inability to pay rent." For an injunction to issue, "[t]here must be more than a mere possibility or fear that the injury will occur." llA C. Wright, A. Miller, & M.

Kane, Federal Practice and Procedure 2942, p. 45 (2d ed. 1995)); see also Connecticut v.

Massachusetts, 282 U.S. 660, 674 (1931) (an injunction "will not be granted against something
merely feared as liable to occur at some indefinite time in the future."). Finally, plaintiff has not demonstrated claims. that he is likely to succeed on the merits of his complaint are difficult to comprehend. Count

Most of the claims set forth in plaintiffs

Three, for example, alleges that defendants "denied Plaintiff free exercise of religion by wrongfully creating a loss of consortium." Amendment While plaintiff may have a colorable First

claim on the basis of his removal from class for expressing his political views, a likelihood of success on that claim sufficient to outweigh the under the heightened scrutiny applied to the

plaintiff has not demonstrated

total absence of irreparable harm - particularly mandatory preliminary

relief plaintiff seeks. Dahl, 7 F.3d at 1403. motion for injunctive relief (#5) is DENIED.

For the foregoing reasons, plaintiffs IT IS SO ORDERED.

DATED this 16th day of August, 2005.

/s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge





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PMW Bulletins

PA Mufti: Mus.lims destiny is to kill Jews

by Hamar IIan:us and Nan Jacques 2iIbenIik ~15.2012 Share ~


PA~shighes,t,religious authority" the Mufti" at Fatah event: Muslims destiny is to kUI J!ews Resurrection will come only after Jews are killed by Muslims
Moderator at Fatah event: "Our war with the descendants of the apes and pigs (i.e., Jews) i,s a war of religion and faith

by ltamlar Marcus, and Nan Ja.cques Zilberdik last week, the principal Pal'estinian Authority religious I'ead'er~ the' M'ufti Muhammad Hussein. presented the killing of J'ews by Muslims, as a religious fslamic goal. At an event celebrating the 41th anniversary of the founding of Fal'ah. he cited the Haditih (fsfami'c tradition atfnlJuted to Muhammad) saying that th.e Hour of Resurrection will not come until Muslims fight the J'ews and kin them: "The Hour [of Resurrection] wiIJ not come until! you fight the Jews. l"h.e Jew will hide behind stones or trees. Then the stones or trees will call: ''Oh Musl;im" servant of AErah.there is a Jew behind me. cone amd kiUhim . Palestinian Media Watch reportedreg,ufarly during the PA tenroll'campai'p (Intifada. 20'00-2005) on the repeated use of Ihis Hadith by PA cferics on ofticial PA TV to motivate Pafestinians to terror attacks. preaching that Muslims had an Islamic obtigatioo to IWI Jews. The fa&1i: that tile Mum q,uotes this now indicates that this may have remained part ofttae PA"s rertglous esfabUshment's teachings. even th.ough it is fess freq,uently promoted on PA TV. The fast time official PA TV broadcast a sennon during which thi's Haditfl calling to kill Jews was: quoted was in 2010. The years of PA prolil1lo.ti'on ti[[[llg Jews and PA rell.gi'ous leaders" Clung this H'aditlillto justiifiJ it;,may liTaMe of contributed to the high accep.tance of it in PA soci:ety. A pon spollsored by the Israel Project fast yeaII'found that 13"10, of Pafesti'nians "belIeve'" thi's Hadith:. [July 2011. Greenberg Quinlan Rosner .. ] The moderator who introduced the Mum at th.e Fatah event fast week reiterated ano.theli [sfami'c belIer. that the Jews are the descendants of apes and pigs: "'Our war with the descendanfs of the apes and pigs (i.. . Jews) e is a war of religion and faith."


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The M'uffi did not distance l1imse'lf from this bailiestatement that ISfam is jilil3IIie!Hgi'0I!.ls with the J~ews.blldtadded war to it that fsfam<sgoal is to kin Jews. Thelie are numerous colfec::ti'ons of Haditb" some of which are' not: accepted as reliabfe. However;, tIiIe Mufti skessed that the fslamic belief Olat Jews will be kmed by Muslims as a pliecursorto Resurrection, is an aufltentic (sfamrc belief because it appears in the reliable" and trusted Hadith colfections of AEB'ukhariand Muslim. Tilis rsrami:c tradition asseli1isthat as Ol.ekilling of J~ewswin progress" Jews willi hrd'e behind stones and trees. but even Ol.ey wilE expose the Jews and can oui: On Muslim. servant of Allah" tIlere is a Jew bebind me, come and kin him .. One tree however, caUed the Gharqad., win bide the Jews from the Muslims. The Mufti i'n his talk at the Fatah event claimed that in response to tIiIis fsfamic belief. [sraelis have been planting Ghaliqad bees aliound tIlerr cities and towns, in order to have a pface to hide from tile Musfi'ms who will be comimg to fdl tIlem. This is not tbe first ti'me the Mufti has i'ncited to hatred against Jews in the name of Isram. rn 31 selimJonat Ule AI-Aqs31 Mosque in 2010, be preached that the Je,ws alie the "enemies of Allah:" The Mum is,appointed by PA ChailiD1!an Mabmollld Abbas. He V'oiced tIlIis fatest l1ate speech" tIlat J.ews are to be kmed by Muslims. at an officia Fafah cerebration. Abbas is afso tIiIe Chairman of Fafab. Thefollowing is an excerpt from the Fatah ceremony broadca.st on PA.TV: Moderator at Fatah cereEnony= '''Our war with Ole descendants of tIl.e apes and pigs (i.e Jews) is 31 war of religion and faith.. Long Live Fatahf [I invite you,l' our honorable Sheikh." PA Mum Muhammad Hussein comes to tile podIum and says: "47 years ago tile [Fafah] revo ution starledL Which reV'o[mion? The modem lievofution of tIl.e Pafestinian peopfe's history. [n fact" Palestine in is entirety is 3IIieV'oflllti'on.since (CalIph] Umar came! (to> conq,uer Jerusalem" 637 eEl. and continuIng today. and untiEthe End of Days. Tile reliable HadiOl1 (tradition attributed to>MllIhammad). [found] in Ole tiwo reliable coUections. B'~li1alii and Musti'n, sa,s: "The Hour (of Resurrection] win not come IlIlltil you fight tile J~ews. The Jew win hide behind stones or bees . Then the stones or trees wiU can: 'Ohi Muslim. senant of Allah" tIlelie is 31 Jew behind me. come and I'!iilllbim." Except the Gharqad tree [which wilE keep sirent]:" Therefore it is no wonder tIlat you see Gharq~d [tliees] surrounding the (Israel.] setil'e'ments and co[onies ... (~A TV (Fafah}. Jan. 9. 2812]


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