Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide

by Paul Marshall

  57. Paul Marshall and Nina Shea, “Afghan Blowback,” National Review Online, April 8, 2011, http://www.nationalreview.com/articles/264222/afghan-blowback-paul-marshall; Paul Marshall, “New Koran Campaign Follows Old Patterns, National Review Online, April 4, 2011, http://www.nationalreview.com/corner/263779/new-koran-campaign-follows-old-patterns-paul-marshall; Paul Marshall and Nina Shea, “The Source of Their Rage, National Review magazine, October 4, 2010; Nina Shea, “A Heckler’s Veto Afterall?” National Review Online, September 15, 2010, http://www.nationalreview.com/corner/246669/hecklers-veto-after-all-nina-shea; Paul Marshall and Nina Shea, “Burning the Koran,” National Review Online, September 7, 2010, http://www.nationalreview.com/articles/245877/burning-koran-nina-shea.

  58. Tom Gross, “J’Accuse,” Wall Street Journal, June 2, 2005; Jon Henley, “Le Monde Editor ‘Defamed Jews,’ ” The Guardian, June 4, 2005, http://www.guardian.co.uk/media/2005/jun/04/pressandpublishing.france; Rachel Zabarkes, “Fallaci’s Fight,” National Review, June 26, 2002, http://old.nationalreview.com/comment/comment-zabarkes062602.asp; Lara Marlowe, “ ‘Le Monde’ Acquitted of ‘Racially’ Defaming Israel,” The Irish Times, July 13, 2006, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=48256; Ben Leach, “Foreign Office Diplomat Arrested over ‘Anti-Semitic’ Rant,” Telegraph, February 9, 2009, http://www.telegraph.co.uk/news/newstopics/politics/4564216/Foreign-Office-diplomat-arrested-over-anti-Semitic-rant.html; Shea Peters, “John Galliano Released from Rehab, Fate of Christian Dior Still Unknown,” Examiner, April 12, 2011, http://www.examiner.com/designer-fashion-in-national/john-galliano-released-from-rehab-fate-of-the-john-galliano-label-still-unknown.

  59. See Ian Leigh, “Homophobic Speech, Equality Denial, and Religious Expression,” in Extreme Speech and Democracy, 379–93.

  60. “Sweden—Criminalizing Religious Speech—Ake Green,” Becket Fund for Religious Liberty, http://www.becketfund.org/index.php/case/93.html; John Leo, “Canadian Kangaroos,” National Review, June 20, 2008, http://article.nationalreview.com/361166/canadian-kangaroos/john-leo; Bruce Korol, “Constitutional Rights Must Be Protected,” Calgary Herald, December 6, 2007, http://www.canada.com/calgaryherald/news/theeditorialpage/story.html?id=02a2999c-f366–47b5–846d-2c0d6e378502; Deborah Tetley, “Alberta Judge Rules in Favor of Author of Anti-gay Letter,” National Post, December 5, 2009, http://www.nationalpost.com/m/story.html?id=2305614&s=Today%27s%20Newspaper.

  61. These cases, many of which began with complaints from the Catholic organization AGRIF (General Alliance Against Racism and for Respect of French and Christian Identity), included complaints concerning posters for the film The People vs. Larry Flint (featuring the title character standing as if on a cross) in 1997; Janssen, “Limits to Expression on Religion in France,” end page, http://www.ivir.nl/publications/janssen/Limits_to_expression_on_religion_in_France.pdf. On Jehovah’s Witnesses, see “Anti-sect Deputy Jean Pierre Brard Sentenced for Hate Speech Against Jehovah’s Witnesses,” Human Rights Without Frontiers (HRWF), September 28, 2009, http://hrwf.net/uploads/France%202009.doc; “The Antisect Movements and Money,” Coordination of Associations and Individuals for Freedom of Conscience, December 16, 2009, http://www.freedomofconscience.eu/the-antisect-movements-and-money/; “The Director of the Weekly Magazine ‘Le Point’ Sentenced for Defaming Jehovah’s Witnesses,” HRWF, June 7, 2010, http://tech.groups.yahoo.com/group/rael-science-select/message/20364. On a conviction in Russia for perceived anti-Christian art, see “Russians Convicted and Fined over Forbidden Art Show,” BBC News, July 12, 2010, http://news.bbc.co.uk/2/hi/europe/10595903.stm; Alexander Verkhovsky, “Art Curators’ Verdict Not Isolated Instance—This Is a System,” Forum 18, July 19, 2010, http://www.forum18.org/Archive.php?query=Verkhovsky&religion=all&country=all&results=10.

  62. “Four Men Jailed over Cartoon Demo,” BBC News, July 18, 2007, http://news.bbc.co.uk/2/hi/uk_news/6904622.stm; “Homecoming Soldiers Branded ‘Murderers’ and ‘Terrorists’ by Muslim Extremists,” Telegraph (U.K.), January 5, 2010, http://www.telegraph.co.uk/news/newstopics/onthefrontline/6931203/Homecoming-soldiers-branded-murderers-and-terrorists-by-Muslim-extremists.html; “Hate Crimes and Discrimination Based on Religion or Belief,” Human Rights Without Frontiers International, September 1, 2009; Toby Sterling, “Dutch to Prosecute Arabs over Holocaust Cartoon,” AP, September 2, 2009. Norway’s “Act on prohibition of discrimination based on ethnicity, religion, etc. 2005,” forbids “statements which have an offensive, frightening, hostile, degrading or humiliating effect, or which are intended to have such an effect.” Burden of proof falls on the accused: “If there are circumstances that give reason to believe that a breach of any of the provisions … has taken place, such breach shall be assumed to have taken place unless the person responsible for the act, omission or statement produces evidence showing that no such breach has taken place.” Unofficial translation, Norwegian Ministry of Labour, http://www.regjeringen.no/en/dep/aid/doc/lover_regler/reglement/2005/the-anti-discrimination-act.html?id=420606.

  63. Nina Shea and Paul Marshall, “We Need to Talk about Islam,” The Wall Street Journal: Europe, November 8, 2010, http://online.wsj.com/article/SB10001424052748704462704575590480959035618.html.

  64. In “Postscript” in Daniel Pipes, The Rushdie Affair, 2nd ed. (New Brunswick: Transaction Publishers, 2003), 270. A similar case arose in Belgium, where a priest of Turkish extraction was charged with incitement to racial hatred after harshly denouncing Muslims; he was acquitted, and subsequently the law was amended to add religious hate-speech bans. “Hate Crimes and Discrimination Based on Religion or Belief,” HRWF, September 1, 2009, hrwf.net/…/Religious%20intolerance%20and%20discrimination%202007-2009.doc.

  65. Jonathan C. Randal “Brigitte Bardot vs. Muslim Sheep Slaying—Animal-Rights Stand Criticized as Racist in Tone,” Seattle Times, May 23, 1996, http://community.seattletimes.nwsource.com/archive/?date=19960523&slug=2330801.

  66. Nicolas Marmie, “Court Acquits Brigitte Bardot of Racism,” AP, January 23, 1997.

  67. Alex Duval Smith, “Brigitte Bardot Denies Race Hatred Charge,” The Guardian (U.K.), December 20, 1996, http://news.bbc.co.uk/2/hi/entertainment/3692965.stm; “Bardot Convicted of Inciting Racial Hatred,” AP, October 9, 1997.

  68. “Court again Convicts Bardot of Racism after Anti-Islam Remarks,” Agence France Presse (AFP), January 20, 1998.

  69. “Bardot Fined for Racist Remarks,” BBC News, June 16, 2000, http://news.bbc.co.uk/2/hi/entertainment/793390.stm.

  70. “Brigitte Bardot Guilty in Racial Hatred Case,” AP, June 3, 2008, http://www.msnbc.msn.com/id/24948578/; “Brigitte Bardot on Trial for Muslim Slur,” Reuters, April 15, 2008, http://www.reuters.com/article/idUSL1584799120080415.

  71. “French Screen Icon Bardot Fined for Anti-Muslim Remarks,” AFP, June 3, 2008. http://afp.google.com/article/ALeqM5h1N4N6pzrHw9Lunbyjbb4u4yrqxg. In 1990, Archbishop Marcel Lefebvre of the ultratraditionalist Catholic splinter group SSPX received a fine approximately equivalent to $900 for telling non-Muslim listeners that once Europe’s Muslim population grew, their wives and children would “be kidnapped and dragged off to a certain kind of places [sic] as they exist in Casablanca”; Koenraad Elst, “The Rushdie Rules,” Middle East Quarterly 5, no. 2 (June 1998): http://www.meforum.org/395/the-rushdie-rules.

  72. “Italian Writer Fallaci Responds to Group’s Assessment of Book As ‘Islamophobe Attack,’” AP, June 11, 2002, http://www.highbeam.com/doc/1P1-53556849.html.

  73. “French Court Allows ‘Anti-Islamic’ Book,” BBC News, June 21, 2002, http://news.bbc.co.uk/2/hi/europe/2058520.stm.

  74. In a 2002 Le Monde article; see, e.g., “Swiss Muslim Teacher Fired over Defense of Stoning for Adultery,” AP, February 5, 2003; “Swiss Muslims File Suit over Fallaci Book,” AFP, June 20, 2002, http://www.milligazette.com/Archives/01072002/0107200263.htm.

  75. Margaret Talbot, “The Agitator; Oriana Fallaci Directs Her Fury Toward Islam,” New Yorker 82, no. 16 (June 5, 2006): http://www.newyorker.com/archive/2006/06/0
5/060605fa_fact.

  76. Marta Falconi, “Judge Orders Italian Author to Stand Trial on Charges of Public Defamation Against Islam,” AP, May 25, 2005, http://www.warriorsfortruth.com/oriana-fallaci-muslim-book.html; John Hooper, “Anti-Islamic Italian Author in New Legal Fight,” The Guardian, July 13, 2005, http://www.guardian.co.uk/world/2005/jul/13/books.italy; Christian Spillman, “Church and Pope Defend Crucifix in Italian Schools,” AFP, December 11, 2003. His request regarding the crucifixes was upheld by a local judge, but the ruling was later overturned.

  77. “Muslim Activist Sues Pope, Cardinal, for Comments about Superiority of Christianity,” AP, February 28, 2004, http://www.catholicculture.org/news/features/index.cfm?recnum=28012; Maria Sanminiatelli, “From the Fringes, an Italian Muslim Uses Courts to Battle Pope and Others, Defend Islam,” AP, August 27, 2005.

  78. Oriana Fallaci, The Strength of Reason (New York: Rizzolo International Publications, Inc., 2006), 263–64.

  79. Falconi, “Judge Orders Italian Author to Stand Trial”; Hooper, “Anti-Islamic Italian Author in New Legal Fight”; Barbara McMahon, “Author’s Trial for Defaming Islam Begins,” The Guardian, June 13, 2006, http://www.guardian.co.uk/world/2006/jun/13/books.italy.

  80. Francoise Michel, “Death of Oriana Fallaci, War Reporter Turned Scourge of Islam,” AFP, September 15, 2006.

  81. “Adel Smith, 6 Months Sentence for Defaming religion,” Agenzia Giornalistica Italia, June 14, 2005; “Italy: Court Rules Against Stiffer Penalties for Catholicism’s Slanderers,” AdnkronosInternational, April 29, 2005; “Insults Against Catholicism Same As Other Creeds, Court Says,” ANSA English Media Service, April, 29, 2005.

  82. “Freedom in the World: Country Report—Finland,” Freedom House, 2009, http://www.freedomhouse.org/template.cfm?page=22&year=2009&country=7608.

  83. Decision on possible criminal proceedings in the case of Jyllands-Posten’s article.

  84. Ibid.

  85. “Danish Court Rejects Civil Suit,” BBC News, October 26, 2006, http://news.bbc.co.uk/2/hi/6087506.stm.

  86. “Danish Appeals Court Rejects Lawsuit Against Newspaper That Published Prophet Cartoons,” International Herald Tribune, June 19, 2008, http://www.nytimes.com/2008/06/19/world/europe/19iht-islam.4.13840577.html.

  87. World Report 2009—Denmark, Reporters Without Borders, May 1, 2009, http://www.unhcr.org/refworld/country,,,,DNK,4562d8b62,49fea994c,0.html.

  88. “French Paper Cleared in Muhammad Drawings Case,” AP, March 22, 2007, http://www.rferl.org/content/article/1075438.html; Janssen, “Limits to expression on religion in France.”

  89. Philippe Val, “Modern Blasphemy,” Wall Street Journal, March 21, 2007.

  90. “French Paper Cleared”; Val, “Modern Blasphemy.”

  91. “Editor Defends Prophet Cartoons,” BBC News, February 7, 2007, http://news.bbc.co.uk/2/hi/6337307.stm; Val, “Modern Blasphemy.”

  92. “Editor Defends Prophet Cartoons.”

  93. “French Paper Cleared”; Pascal Mbongo, “Hate Speech, Extreme Speech, and Collective Defamation in French Law,” in Extreme Speech and Democracy, 232–33; “Danish Newspaper Hails Acquittal in French Cartoons Trial,” AFP, March 22, 2007, http://neveryetmelted.com/2007/03/22/charlie-hebdo-acquitted/.

  94. Janssen, “Limits to Expression on Religion in France.”

  95. Alberta Human Rights and Citizenship Commission complaint form, http://westernstandard.blogs.com/shotgun/files/soharwardy_complaint.pdf; Syed B. Soharwardy, “Ezra Wrong About Islam,” Calgary Sun (Alberta), March 20, 2006.

  96. Carly Weeks, “Islamic Group Takes Cartoon Case to Tribunal,” Ottawa Citizen, February 16, 2006, http://www.cbc.ca/arts/story/2008/05/08/herald-cartoon.html.

  97. “Alta Human Rights Complaint Filed over Muslim Editorial Cartoons,” Canadian Press NewsWire, February 15, 2006, http://www.cbc.ca/canada/windsor/story/2010/03/12/mont-gazette-cartoon-niqab-aislin.html; “Alta Crown Suggests No Charges for Publications That Printed Muslim Cartoons,” Canadian Press NewsWire, February 22, 2006.

  98. Jason Fekete, “Publisher Defends Cartoons,” The Calgary Herald, January 11, 2008, http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060213/cartoons_060213/20060213?hub=TopStories; Ezra Levant, “What a Strange Place Canada Is,” Globe and Mail (online), January 21, 2008, http://www.theglobeandmail.com/news/national/article661959.ece.

  99. Ezra Levant, “ ‘Human Rights’ vs. Magna Carta,” National Post, January 15, 2008, http://www.quebecoislibre.org/08/080120-3.htm.

  100. Graeme Morton for Canwest News Service, “Muslim Leader Drops Complaint Against Levant,” National Post, February 13, 2008, http://www.nationalpost.com/news/story.html?id=304005; “Former Publisher to Sue Muslim Leader Who Filed Human Rights Complaints,” CBC News, February 13, 2008, http://www.cbc.ca/canada/story/2008/02/13/levant-cartoons.html.

  101. Joseph Brean, “Muslim Complaint Rejected Against Danish Cartoons Published in Alberta,” Canwest News Service, August 6, 2008; Ezra Levant, “How I Beat the Fatwa, and Lost My Freedom,” National Post, August 6, 2008, http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/08/06/ezra-levant-how-i-beat-the-fatwa-and-lost-my-free-dom.aspx.

  102. Andrew Higgins, “Why Islam Is Unfunny for a Cartoonist,” Wall Street Journal, July 12, 2008, http://online.wsj.com/article/SB121581460304047109.html.

  103. Andrew Osborn, “Tirade Against Islam Dismays Dutch Muslims,” The Guardian, January 29, 2003, http://www.guardian.co.uk/world/2003/jan/29/thefarright.islam; Ayaan Hirsi Ali, “Islam’s Silent Moderates,” New York Times, December 7, 2007, http://www.nytimes.com/2007/12/07/opinion/07ali.html.

  104. Toby Sterling, “Dutch Politician Can Write Sequel to Controversial Film, Court Rules,” AP, March 15, 2005. Interview with Hirsi Ali by Nina Shea on November 3, 2010.

  105. “Dutch Protest Against Islam Critic’s Koran Film,” MSNBC.com, March 22, 2008, http://www.msnbc.msn.com/id/23757212/; on Fitna see above, chap. 10.

  106. “Amsterdam Court of Appeals Orders the Criminal Prosecution of the Member of Parliament of the Dutch Second Chamber Geert Wilders,” Rechtspraak.nl, January 21, 2008, http://www.rechtspraak.nl/Gerechten/Gerechtshoven/Amsterdam/Actualiteiten/Amsterdam+Court+of+Appeal+orders+the+criminal+prosecution+of+the+Member+of+Parliament+of+the+Dutch+S.htm; “Dutch Lawmaker Wilders to Be Prosecuted for Anti-Islam Comments,” Bloomberg, January 21, 2009, http://www.bloomberg.com/apps/news?pid=20601085&sid=anIUQcBjnZmk&refer=europe.

  107. “Anti-Islam Lawmaker Appeals Hate Speech Charges,” International Herald Tribune, February 3, 2009, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=200905200911dowjonesdjonline000610; Folkert Jensma, “Has Wilders Broken the Law?” NRC Handelsblad, January 19, 2010, http://www.nrc.nl/international/article2462698.ece/Has_Wilders_broken_the_law.

  108. Summons of the Accused, District Court Office of the Public Prosecutor, http://www.wilder-sontrial.com/images/stories/dagvaarding_ENG.pdf.

  109. “Court Limits Wilders’ Witness List,” DutchNews.nl, February 3, 2010, http://www.dutch-news.nl/news/archives/2010/02/court_limits_wilders_witness_l.php.

  110. Joan Clements, “Jacqui Smith’s Ban on Anti-Muslim Dutch MP Triggers Diplomatic Row with Holland,” Telegraph, February 11, 2009, http://www.telegraph.co.uk/news/newstopics/politics/4592536/Jacqui-Smiths-ban-on-anti-Muslim-Dutch-MP-triggers-diplomatic-row-with-Holland.html. Baroness Cox and Lord Pearson stated that, while they disagreed with Wilders’s proposal to ban the Qur’an, they suspected he would not have been barred from entering the country had he instead proposed banning the Bible.

  111. “Banned Dutch MP Held at Heathrow,” BBC News, February 12, 2009, http://news.bbc.co.uk/2/hi/uk_news/politics/7886491.stm.

  112. Beverley Rouse, “Named and Shamed: The 16 Barred from the UK,” The Independent, May 5, 2009, http://www.independent.co.uk/news/uk/politics/16-banned-from-britain-named-and-shamed-1679127.html; “UK ‘Least Wanted’ List Published,” BBC News, May 5, 2009, http://news.bbc.co.uk/2/hi/uk_news/8033060.stm. Similar measures were us
ed in the 1980s and early 1990s against Nation of Islam leader Louis Farrakhan, a German nationalist, and a French Holocaust denier who had planned to speak to a group of neo-Nazis; see Joanna Oyediran, “The United Kingdom’s Compliance with Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination,” in Striking a Balance, 252–53. They were also used for blasphemy prevention in 1977, when Danish artist Jens Jurgen Thursen was barred from entering the United Kingdom as his plan to shoot the movie The Sex Life of Christ was deemed an offense against public morals; see Nash, Blasphemy in the Christian World, 205.

  113. Alan Travis, “Geert Wilders Wins Appeal Against Ban on Travelling to UK,” The Guardian, October 13, 2009, http://www.guardian.co.uk/world/2009/oct/13/geert-wilders-wins-appeal-ban-uk; Wilders’s legal counsel in his appeal to the tribunal was Arfan Khan, described by the Guardian as “a British Muslim barrister.”

  114. “Leader of British Far-right Party Arrested,” AP, December 14, 2004, http://www.independent.co.uk/news/uk/politics/bnp-official-arrested-over-claims-he-threatened-to-kill-nick-griffin-1936014.html; Rod Liddle, “Alas, I Must Defend the BNP,” The Sunday Times (London), February 5, 2006, http://www.timesonline.co.uk/tol/comment/columnists/rod_liddle/article726871.ece.