Magistrate Mark J. Martin failed to uphold the United States Constitution by ruling in favor of Talaag Elbayomy who allegedly assaulted Ernest Perce V. Mr. Perce was dressed as "Zombie Mohammed" in a parade. Mr. Elbayomy allegedly assaulted Mr. Perce for insulting his religion. Magistrate Martin dismissed the case for lack of evidence and proceeded to lecture Mr. Perce on "Religious Tolerance" and called him a "doofus" for insulting Islam.

This ruling may have violated Mr. Perce's First Amendment rights, and the Magistrate's judgement may not have upheld the Constitution. Since the Magistrate lectured the plaintiff on Islam and insulted him, he may have allowed his religious beliefs to shape his decision instead of the plaintiff's right to free expression. Judges who do not uphold the Constitution should be impeached.