Apr 15th 2009

Freedom of Religion or Freedom of Speech?

PRINCETON - Last month, the United Nations Human Rights Council adopted a resolution condemning "defamation of religion" as a human rights violation. According to the text of the resolution, "Defamation of religion is a serious affront to human dignity" that leads to "a restriction on the freedom of [religions'] adherents."

The resolution was originally proposed by the 56-nation Organization of the Islamic Conference (OIC), and was put to the Human Rights Council by Pakistan. It supports that it was aimed at such things as the derogatory cartoons of the prophet Mohammad published in a Danish newspaper three years ago.

Germany opposed the resolution. Speaking on behalf of the European Union, a German spokesperson rejected the concept of "defamation of religion" as not valid in a human rights context, because human rights belonged to individuals, not to institutions or religions.

Many non-government organizations, both secular and religious, also opposed the resolution. Ronald Lauder, president of the World Jewish Congress, said that that body saw the resolution as weakening "the rights of individuals to express their views."

This seems like a sound argument. While attempts to stir up hatred against adherents of a religion, or to incite violence against them, may legitimately be suppressed, criticism of religion as such should not be.

The resolution is non-binding, but if nations were to enact laws putting it into effect, there can be no doubt that it would interfere with freedom of expression. For a start, what counts as "defamation of religion" is contested.

For example, the OIC said in its statement that "Islam is frequently and wrongly associated with human rights violations and terrorism." Are those associations wrong? If the OIC wishes to change many people's perception that Islam violates human rights, suppressing freedom of speech is hardly the best way to go about it. The way to change such a perception would be to marshal evidence against it, and to make the case that human rights - including the rights of women - are as well protected in Islamic countries as they are in non-Islamic countries.

To demonstrate that it is wrong to associate Islam with terrorism, the OIC might begin to compile statistics on the religious affiliations of those who engage in terrorism. By contrast, suppressing the freedom of speech of Islam's critics merely gives rise to the suspicion that evidence and sound argument cannot show their arguments to be mistaken.

Coincidentally, in the same week that Germany and the World Jewish Congress rejected the idea that defamation of religion is an affront to human dignity, and upheld the right to freedom of expression, Germany's highest court issued its ruling on a case brought by a Jewish organization, and two Jewish individuals. The court ruled against the right of the United States-based animal rights group People for the Ethical Treatment of Animals to exhibit posters that juxtapose photographs of victims of the Holocaust with photographs of animals in factory farms and at slaughterhouses.

The posters bear the heading: "To Animals, All People are Nazis" - a line from the Polish-born Jewish writer Isaac Bashevis Singer. According to the court, Germany's laws on freedom of speech did not protect PETA's campaign, because to make "the fate of the victims of the Holocaust appear banal and trivial" was an offense against human dignity.

PETA was, of course, not arguing that Holocaust victims' fate was banal or trivial. On the contrary, it was using the Holocaust - which we would all agree was utterly horrific - to suggest, as Isaac Bashevis Singer did, that there are parallels between the way the Nazis treated Jews and the way we treat animals. The conclusion PETA wants us to reach is that both the Holocaust and the mass confinement and slaughter of animals are horrific. A free society should be open to discussing such a claim.

Irrespective of the merits of PETA's campaign, however, those who stood up for free speech at the UN Human Rights Council should be able to see that the fact that some forms of speech cause offense is not sufficient reason to censor them. If PETA is not allowed to state its case against our abuse of animals in the way that they judge best, because doing so might offend some people, then criticism of religion could also be prohibited on the same grounds.

If, on the other hand, a religion's adherents have no right to protection against criticism of their religion, then, even in Germany, Holocaust victims and their descendants (I am one) should not be protected against advertising campaigns that, though not intended to incite hatred or violence, may cause them offense.


Copyright: Project Syndicate, 2009.

Please read related article:

Britain trades free speech for security

Should you wish to publish your own article on the Facts & Arts website, please contact us at info@factsandarts.com.

 


This article is brought to you by Project Syndicate that is a not for profit organization.

Project Syndicate brings original, engaging, and thought-provoking commentaries by esteemed leaders and thinkers from around the world to readers everywhere. By offering incisive perspectives on our changing world from those who are shaping its economics, politics, science, and culture, Project Syndicate has created an unrivalled venue for informed public debate. Please see: www.project-syndicate.org.

Should you want to support Project Syndicate you can do it by using the PayPal icon below. Your donation is paid to Project Syndicate in full after PayPal has deducted its transaction fee. Facts & Arts neither receives information about your donation nor a commission.

 

 

Browse articles by author

More Current Affairs

Nov 24th 2024
Extracts: "We all think, speak, and write within certain intellectual frameworks that we largely take for granted. But, eventually, the passage of time renders familiar categories and ideas obsolete. For example, who still talks about the “Soviet Union” today, apart from historians?" ------- "Trump won decisively despite his contempt for democratic institutions, his efforts to overturn the 2020 election, and his subsequent 34-count felony conviction. Though voters know about his chaotic approach to governance, his habitual mendacity, and his sinister immigration policies, he won every swing state. Even with full knowledge of who Trump is, more Americans voted for him than for Kamala Harris. We must not mince words: liberal democracy in the US has suffered a lethal blow. It will be under increasing pressure on both sides of the Atlantic, and there is no guarantee that it will survive. After all, can there be any future for the liberal West without the US as its leader? I believe the answer is no." ----- "If Europe fails to come together at this moment of tumultuous change, it will not get a second chance. Its only option is to become a military power capable of protecting its interests and securing peace and order on the world stage. The alternative is fragmentation, impotence, and irrelevance."
Nov 24th 2024
EXTRACTS: "When the US presidential election was called for Donald Trump, the yield on ten-year US government bonds increased from 4.3% to 4.4%, and the 30-year-bond yield rose from 4.5% to 4.6%, with both remaining at those levels ten days later." ----- " Clearly, investors expect the next Trump administration to produce higher government budget deficits and more debt. It is not difficult to see why. During Trump’s first term in office, he added $8 trillion to the national debt – all previous presidents combined had accumulated $20 trillion – despite having promised to run budget surpluses so large that they would eliminate the national debt within two terms." ----- "Supporters often say that a businessman like Trump or Musk will know how to put America’s fiscal house in order. But the smart money says they have no idea what they are doing."
Nov 13th 2024
EXTRACT: "For 2,300 years, at least since Plato’s Republic, philosophers have known how demagogues and aspiring tyrants win democratic elections. The process is straightforward, and we have now just watched it play out." ........ "As Jean-Jacques Rousseau argued, democracy is at its most vulnerable when inequality in a society has become entrenched and grown too glaring." ..... "From everything Trump has said and done during this campaign and in his first term, we can expect Plato to be vindicated once again. The Republican Party’s domination of all branches of government would render the US a one-party state. The future may offer occasional opportunities for others to vie for power, but whatever political contests lie ahead most likely will not qualify as free and fair elections."
Nov 3rd 2024
EXTRACT: "The likelihood of escalation in the coming weeks and months means that there will be economic and financial risks to manage. A large-enough Israeli strike on Iran could severely disrupt energy production and exports from the Gulf. If Iran gets desperate, it could try to mine the Gulf and block the Strait of Hormuz, while also striking Saudi oil facilities. In this scenario, the world would experience stagflationary shocks similar to those that followed the 1973 Yom Kippur War and the 1979 Iranian revolution."
Oct 9th 2024
EXTRACT: "The continuing cycles of violence can easily spiral out of control, precipitating a wider war involving nuclear powers. Moreover, Netanyahu’s goal of 'total victory' against an ideological movement cannot be achieved by military means alone." ..... "So long as both sides seek to inflict maximum damage on the other to right past wrongs, the violence will not end. Netanyahu may think that total victory is in sight, now that Hezbollah is badly damaged and Gaza reduced to rubble, but that is an illusion. All he has done is create more enemies who will want to restore their honor by killing in a war without end."
Oct 9th 2024
EXTRACTS: "Nasrallah was on a mission to destroy Israel. It was a mantle he had taken up from countless other Arab leaders, from Haj Amin al-Husseini, the grand mufti of Jerusalem who met with Adolf Hitler in 1941 to discuss the destruction of the Jews, to Azzam Pasha, the secretary-general of the Arab League who described the Arab invasion of the then-nascent Israel in 1948 as a 'war of annihilation'. Egyptian President Gamal Abdel Nasser – an icon of pan-Arabism in the 1950s and 1960s – pledged more than once to 'destroy Israel'. Iraqi dictator Saddam Hussein and the Palestinian leader Yasser Arafat, who founded Fatah, nurtured their own dreams of liquidating the Jewish state." ...... "Alas, Israelis have built their own dangerous dream palace of 'total victory', erected on a foundation of nationalist fervor, religious messianism, and political intransigence. There is a scenario in which Israel’s military exploits change the region for the better. Unfortunately, far from being the standard-bearer for some enlightened political vision, Israel’s current government is committed to fighting a war on all fronts, with no view toward any political future that Israel’s neighbors could possibly accept."
Oct 8th 2024
EXTRACT: "But in the real world, slain leaders are replaced. Those who bury their dead do not forget or forgive, and those who have felt the punishment of arms do not forego weapons but embrace them. So it seems unlikely that’s how the story will end. Sadly, it’s far more likely it will never end."
Oct 3rd 2024
EXTRACT: ".....,Russia will probably spend about $190 billion, or 10% of GDP, on the war this year, and that figure presumably represents the peak, given the constraints imposed by Western financial sanctions. Whenever Russia can no longer finance a budget deficit, it will have to cut public expenditures, and its non-military outlays have already been pared to the bone."
Sep 12th 2024
EXTRACT: "Throughout recorded history, crises and tragedies have inevitably spurred apocalyptic interpretations that seek to imbue temporal catastrophes with some divine or redemptive meaning. One can see this in the doctrines of the major monotheistic religions, and even in modern totalitarian ideologies, such as communism and Nazism. One way or another, humans appear inclined to believe that, without Satan, there is no redeemer. To understand just how dangerous this logic can be, look no further than Gaza, where a tragedy of Biblical proportions is fueling the messianic hallucinations of Israel, Hamas, and American Christian evangelicals alike."
Aug 7th 2024
EXTRACT: "China knows that the war has had catastrophic consequences for both Russia and Ukraine. Estimates indicate that Putin’s conflict in Ukraine could cost Russia US$1.3 trillion (£1.0 trillion) and at least 315,000 in troop casualties. So, win or lose, the post-war damage to Russia would be immense. This is bad news for China. Not only will it have a weakened ally, but the west could then have a free hand to consolidate its resources in dealing with the 'Chinese threat'."
Jul 27th 2024
EXTRACT: "......, regardless of the folly of political violence, the attempt on Trump’s life was futile inasmuch as ridding America, and the world, of Trump, would by no means rid us of Trumpism, which was and remains a symptom, and not the root cause, of this country’s moral and epistemic decline. How else could so many millions of Americans support this man? No one can claim that they do not know what he stands for (insofar as he stands for anything other than himself) or what his intentions are: he has made it very clear that his second administration will be not only authoritarian, but fascist in rhetoric and deed.
Jul 17th 2024
EXTRACTS: "Iran unveiled a digital clock counting down the days to the destruction of Israel in 2040. The display, located in Tehran’s Palestine Square, embodies the Islamic Republic’s long-held commitment to annihilating the Jewish state. Some view this promise as a mere rhetorical exercise...." ----- "From Adolf Hitler to Vladimir Putin and even Osama bin Laden, history has taught us to take threats of ideologically inspired attacks at face value. " ---- "......., the key enabler of Iran’s war of attrition is, in fact, Israel’s own government. Netanyahu’s unrealistic goal of achieving 'a complete victory' in Gaza serves Iran’s strategy of miring Israel in an inconclusive conflict while orchestrating a long-term plan to destroy the Jewish state." ----- "It turns out that the only truly irrational, trigger-happy fanatics in this lethal equation are Netanyahu and his theo-fascist allies, who are determined to engage in an apocalyptic war in Gaza and Lebanon." ---- "These messianic hallucinators have a willing collaborator in Netanyahu. Together, they are doing more to annihilate the Jewish national project than Iran could ever hope to achieve on its own."
Jul 16th 2024
EXTRACTS: "In her dissenting opinion in Trump v. United States, Supreme Court Justice Sonia Sotomayor declared that with the majority’s ruling, 'the President is now a king above the law'. In this, she is wrong: the majority opinion has given the US president far more power than English kings had at the time of the American Revolution." ---- "In June 1686, 11 of the 12 hand-picked justices ruled in favor of the king. Echoing the king’s own solicitor, Sir Thomas Powys, the Lord Chief Justice George Jeffreys contended that if the king did not have leeway above the law, 'the preservation of the government' might be in jeopardy." ---- "In 1689, the English people roundly rejected such reasoning and asserted that their kings would thereafter be subject to the law. They set a precedent by removing James II from office. The Supreme Court’s decision goes beyond threatening more than two centuries of American jurisprudence; it overturns four centuries of Anglo-American jurisprudence. The Roberts majority did not give the president the power of an English king; it gave the president power that an English king could only covet."
Jul 4th 2024
EXTRACT: "Most American voters who believe that Trump is the best defender of democracy are not fascists, much less communists. The very thought would horrify them. But they almost surely have a strong opinion on who constitutes the true American people: God-fearing, hard-working, and most probably white. And they worry that these ordinary Americans are being displaced by illegal immigrants, and that their way of life is being threatened by new ideas about gender, race, and sexuality emerging from elite universities. Trump is stoking these fears and exaggerating these threats. His line that the US courts are attacking not only him, but every right-thinking American is horribly effective. Since he is heard as the true voice of the people, he is the purest democrat. As a result, liberal democracy might not withstand another four years of his rule."
Jul 3rd 2024
EXTRACT: "....the debate showed all too clearly that he is suffering cognitive decline and cannot possibly serve as a competent president for another four years. If Biden is true to his word, and stopping Trump from regaining the presidency is his overriding goal, he needs to announce that at the Democratic Convention in August, he will release his delegates from their obligation to vote for him, and instead ask them to vote for the candidate with the best chance of defeating Trump."
Jul 3rd 2024
EXTRACTS: "Both Chief Justice John Roberts and Justice Sonia Sotomayor of the United States Supreme Court have just announced grand opinions trying to resolve the fundamental constitutional issues raised by former President Donald Trump’s claim to absolute immunity" ---- "According to Sotomayor, who wrote for the three dissenting justices, Roberts’ sweeping grant of immunity has 'no firm grounding in constitutional text, history, or precedent.' ” ----- "For what it’s worth, I think that Sotomayor is right and Roberts is wrong." ----"But for now, it is much more important to consider the objection raised by Justice Amy Coney Barrett to both Roberts’ constitutional glorification of the presidency and Sotomayor’s devastating critique of Roberts’ majority opinion." ---- "Barrett is right to ask why Roberts and Sotomayor did not join her in adopting the problem-solving approach that they have repeatedly endorsed in many other contexts." ---- "Roberts took the path that not only betrayed Founding principles, as Sotomayor argued, but also betrayed the very principles to which he has dedicated his entire career. "
Jul 1st 2024
EXTRACTS: "Netanyahu’s disdainful criticism of Biden. Netanyahu knows how indispensable the US is to Israel, as no country has provided Israel with more financial, military, and political support than the US. And no American president has ever been more supportive and committed to Israel's security than President Biden. But then, leave it to the most loathsome Netanyahu, who dares to criticize the president for suspending the shipment specifically of 2,000-pound bombs to continue with his devastating bombardment of Rafah that could indiscriminately kill thousands of innocent civilians." ---- "All Israelis who care about their country’s future must rise and demand the immediate resignation of this corrupt and brazen creature who inflicted untold damage on the only Jewish state, making it a pariah state."
Jun 12th 2024
EXTRACTS: "One of the more amusing exercises on the economic calendar is the International Monetary Fund’s annual review of the United States. Yet while everyone knows that the US government pays absolutely no heed to what the IMF has to say about its affairs, the Fund’s most recent Article IV review of the US economy is striking for one unexpected finding. Readers will be startled to learn that, in the IMF’s estimation, US government debt is on a sustainable path." ---- "What then could go wrong? Well, US institutions could turn out not to be so strong. Donald Trump has a personal history of defaulting on his debts. As William Silber has observed, Trump in a second presidential term could instruct his Treasury secretary to suspend payments on the debt, and neither Congress nor the courts might be willing to do anything about it. The gambit would be appealing to Trump insofar as a third of US government debt is held by foreigners. The damage to the dollar’s safe-asset status would be severe, even if Congress, the courts, or a subsequent president reversed Trump’s suspension of debt payments. Investors in US Treasuries would demand a hefty risk premium, potentially causing the government’s interest payments to explode."
Jun 9th 2024
EXTRACT: "An all-too-familiar specter is haunting Europe, one that reliably appears every five years. As citizens head to the polls to elect a new European Parliament, observers are once again asking whether far-right anti-European parties will gain ground and unite to destroy the European Union from within. To be sure, skeptics of this doomsday scenario have always argued that the far right will remain divided, because nationalist internationalism is a contradiction in terms. But it is more likely that specific policy disagreements – mainly over the Ukraine war – and drastically diverging political strategies will prevent Europe’s various far-right parties from forming a 'supergroup.' ”
Jun 9th 2024
EXTRACT: "While the dreadful legacy of his Conservative predecessors – the morally vacuous Johnson and the reckless Liz Truss – would make it extremely difficult for Sunak to offer a credible vision of a better future, many of his current problems are self-inflicted. For example, he supported Johnson’s bid for the Conservative leadership, a decision that reflects poorly on his judgment. Sunak has also been a Euroskeptic since he was a schoolboy and was an early supporter of Brexit."