Judge rejects argument that First Amendment protects prayer for terrorism
A judge on Wednesday rejected the attempt by an attorney for a teen facing terrorism and incendiary device charges to have one of his client’s charges dismissed based in part on an argument that the First Amendment protects prayers for terrorism.
Prosecutors have said Joshua Robles, 17, had ISIS execution videos on his phone, plotted against Gov. Joe Lombardo and President Joe Biden, and collected bomb-making components.
Robles was indicted in August and has pleaded not guilty.
Public Defender Dan Cho filed a petition last month seeking the dismissal of Robles’ solicitation of another person to aid or further an act of terrorism charge.
“(A)s prayer is an expressive religious activity, it enjoys protection under the Free Speech Clause as well even if its goals are distasteful or offensive,” Cho asserted.
District Judge Erika Ballou was skeptical.
“Honestly, I just didn’t think your First Amendment argument made any sense whatsoever,” she told Cho. Then, she laughed.
Ballou said Cho made “good points,” but that she thought she would have to deny the petition. She asked prosecutors to prepare an order.
The charge at issue was based on a post Robles is accused of making that said, “Peace be upon all brothers who see this. I am here to announce that I will be starting lone wolf operations in Las Vegas against the enemies of Allah. I ask you to make Dua for victory. I am a supporter of the Islamic State and I will make sure the zionists in this city know it.”
Dua “is like an Arabic term for support or prayers,” Metropolitan Police Department Detective Grant Duffin testified during grand jury proceedings, according to a transcript.
“Here, the State of Nevada has not criminalized any person’s prayer,” prosecutors said in their response to Cho’s petition. “Instead, the State of Nevada has criminalized the Defendant’s solicitation of support for his act of terrorism. The crime was complete at the point Defendant asked for Dua to support him in successfully executing his lone wolf terrorist attacks.”
Contact Noble Brigham at nbrigham@reviewjournal.com. Follow @BrighamNoble on X.
