Currently viewing the tag: "Defamation"

(Eugene Volokh)

The case is In re Marriage of Mendlowitz. The alleged slanders were an e-mail and a letter to the estranged wife’s business associates that seemed likely to interfere with her business relationships. They might indeed have led to a successful defamation lawsuit, and a lawsuit for interference with business relations. But a trial court judge went so far as to issue a domestic restraining order against such comments:

[Y]ou are disturbing the peace of the petitioner…. You have, by your own testimony, admitted to the defaming comments that you have made in these emails. And so therefore, the court is going to grant a restraining order for the next five years. You are not to contact [the wife], [her] employers, [her] potential employers in regard to [her] … You are not to contact any third parties in regard to [the wife], her reputation, her past acts.

This meant that any prohibited speech about his wife would be a crime. And because the order included boilerplate language ordering the estranged husband not to “harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, or block movements,” the federal ban on gun possession by people who are the targets of restraining orders kicked in. (See PDF pp. 61–65 of my Implementing the Right to Keep and Bear Arms in Self-Defense article.)

Fortunately, the California Court of Appeal reversed the trial court’s decision, concluding that this sort of alleged defamation isn’t sufficient to justify issuing such an order. Unfortunately, for the nearly two years between the trial court decision and the appellate decision, defendant had been entirely deprived of his Second Amendment rights, and been subjected to a prior restraint in violation of his First Amendment rights.




The Volokh Conspiracy

Tagged with:
 

For now. We will see this business again when they think they have an opening and the time is right. At the moment, they may have decided they have bigger fish to fry, with opportunities emerging to install Islamic regimes in multiple countries (under the pretense of democracy). They will also try to leverage that situation with regard to Israel, as we have already seen renewed attacks on Israel aimed at drawing it into a conflict for which will then be roundly condemned in the Wide World of Useful Idiots, who will appeal, of course, to the U.N.

And for that matter, Islamic groups need at this moment to be able to appeal to concepts like freedom of speech to advance their agenda across North Africa, Yemen, and beyond. Making a fuss over insults right now might look a bit funny.

Even so, they have left themselves a loophole: “However, diplomats from Islamic countries have warned the council that they could return to campaigning for an international law against religious defamation if Western countries are not seen as acting to protect believers.”

And you know which “believers” they mean. “Islamic bloc drops U.N. drive on defaming religion,” by Robert Evans for Reuters, March 25 (thanks to Alexandre):

(Reuters) - Islamic countries set aside their 12-year campaign to have religions protected from “defamation”, allowing the U.N. Human Rights Council to approve a plan to promote religious tolerance on Thursday.

Western countries and their Latin American allies, strong opponents of the defamation concept, joined Muslim and African states in backing without vote the new approach that switches focus from protecting beliefs to protecting believers.

No one wants to name names, as with the EU’s document of “stuttering timidity” against the persecution of Christians by Muslims.

According to a report by the British Catholic group Aid to the Church in Need, which Roland Shirk discusses here, 75% of religious persecution in the world is committed against Christians. And the report shows how much of that is Muslim persecution of Christians, just over a span of two years. But because protecting Christians does not make for a hip, fashionable cause, the world yawns.

Since 1998, the 57-nation Organisation of the Islamic Conference (OIC) had won majority approval in the council and at the United Nations General Assembly for a series of resolutions on “combating defamation of religion”.

Critics said the concept ran against international law and free speech, and left the way open for tough “blasphemy” laws like those in Pakistan which have been invoked this year by the killers of two moderate politicians in Pakistan.

They argued that it also allowed states where one religion predominates to keep religious minorities under tight control or even leave them open to forced conversion or oppression.

But Pakistan, which speaks for the OIC in the rights council, had argued that such protection against defamation was essential to defend Islam, and other religions, against criticism that caused offence to ordinary believers.

Note the perfunctory mention of “other religions.” But, no thanks, some of us have thicker skin than that.

Islamic countries pointed to the publication of cartoons depicting the prophet Mohammed in Denmark in 2005, which sparked anti-Western violence in the Middle East and Asia, as examples of defamatory treatment of their faith that they wanted stopped.

Whose prophet? Partial credit for the lower-case “prophet,” at least.

However, support for the fiercely-contested resolutions — which the OIC had been seeking to have transformed into official U.N. human rights standards — has declined in recent years.

The new three-page resolution, which emerged after discussions between U.S. and Pakistani diplomats in recent weeks, recognises that there is “intolerance, discrimination and violence” aimed at believers in all regions of the world.

Omitting any reference to “defamation”, it condemns any advocacy of religious hatred that amounts to incitement to hostility or violence against believers and calls on governments to act to prevent it.

That will be in the eye of the beholder, and can still potentially cause problems.

The U.S.-based Human Rights First campaign group said the new resolution was “a huge achievement because…it focuses on the protection of individuals rather than religions” and put the divisive debates on defamation behind.

However, diplomats from Islamic countries have warned the council that they could return to campaigning for an international law against religious defamation if Western countries are not seen as acting to protect believers.

Jihad Watch

Tagged with:
 

A former FBI informant who helped foil a bomb plot at the 2008 Republican National Convention has sued the New York Times for libel and defamation.

A Times story from February 22 claimed that Brandon Darby had "encouraged" others to bomb the RNC, when in fact he had been essential to law enforcement efforts that disrupted the plot. Evidence shows that the Times was aware of the error as early as March 3, yet the online version remains uncorrected. Applicable statutes hold that a publisher may be liable for continued publication of defamatory material, even if it was thought to be true when published, if the publisher does not make a sufficient effort to remove that material after being made aware of its inaccuracy.

"Though having to fight a Goliath that buys ink by the barrel is the last thing I wish to do," Darby said in a Thursday letter to the Times, "the New York Times has left me no choice." Darby said that he could not "allow a lie of this seriousness and magnitude about my character and integrity to go unanswered" (h/t Matthew Vadum).

Here is the full text of that letter, via Big Government:


Darby.Let.031011.Corrected -

In order to win damages, Darby must show that the Times acted with "actual malice" and with knowledge of the truth and "reckless disregard" for it (there are a number of other conditions that must also be satisfied - more on that below). Here is a brief filed by Darby's attorney on Thursday:


Court.Stamped.Darby.Original.Petition-1 -

So is there anything to the suit? I reached out to UCLA law professor Eugene Volokh, who noted the Restatement (Second) of Torts § 577 holds liable for continued publication "One who intentionally and unreasonably fails to remove defamatory matter that he knows to be exhibited on land or chattels in his possession or under his control."

p. Failure to remove defamation. One who knows that defamatory matter is exhibited upon land or chattels in his possession or under his control and intentionally and unreasonably fails to remove it, becomes subject to liability for the continued publication. The basis of the liability is his duty not to permit the use of his land or chattels for a purpose damaging to others outside of the land. Something of an analogy may be found in § 362(c), as to the duty to use reasonable care to remedy a condition upon the defendant's land created by another, which involves unreasonable danger to those outside of the land.

So far as the cases thus far decided indicate, the duty arises only when the defendant knows that the defamatory matter is being exhibited on his land or chattels, and he is under no duty to police them or to make inquiry as to whether such a use is being made. He is required only to exercise reasonable care to abate the defamation, and he need not take steps that are unreasonable if the burden of the measures outweighs the harm to the plaintiff. In extreme cases, as when, for example, the defamatory matter might be carved in stone in letters a foot deep, it is possible that the defendant may not be required to take any action at all. But when, by measures not unduly difficult or onerous, he may easily remove the defamation, he may be found liable if he intentionally fails to remove it.

Clearly, changing one sentence in an online news article does not constitute an overly-burdensome or unreasonable measure. The Times did not "exercise reasonable care to abate the defamation," therefore, as doing so would require only one minor change to an online article.

It is also clear from communications quoted in the brief with James McKinley, the Times's Houston bureau chief, that the paper was aware as early as March 3 that the its claim regarding Darby's role in the RNC plot was false, and yet, more than a week later, the claim has yet to be corrected. So even if the Times thought the claim was true when the article was initially published, it is liable for the continued publication (after March 3) of the defamatory claim on its website.

The email from McKinley also demonstrates that the Times acknowledged the error - that it knew its claim was false - which supports Darby's allegation of "actual malice." As Professor Volokh noted, "If the publisher sincerely (even unreasonably) believes the story is correct, and doesn’t think there’s a substantial likelihood that it’s wrong, and the plaintiff is a public figure, then the publisher may be immune because it isn’t acting with 'actual malice.'"

So If the Times were still in the position that its claim regarding Darby's role in the RNC plot was true, Darby might not have a case. But the email cited in the brief above demonstrates that McKinley - and therefore the Times - was aware that the claim was false, and yet did not correct its online story.

Darby's case also seems to satisfy other conditions necessary for a meritorious suit. The article was published recently, and therefore the statute of limitations is nowhere near expired. The article was written and published by the New York Times, and the Times is therefore fully liable for its content.

It will be interesting to see how the Times reacts. But just based on the information here, it seems that Darby may well have a case.

NewsBusters.org - Exposing Liberal Media Bias

Tagged with:
 

Last month, New York Times reporter James C. McKinley Jr. falsely reported that an FBI informant who helped to thwart a left-wing terrorist plot had actually encouraged the conspiracy. In the article “Anarchist Ties Seen in ’08 Bombing of Texas Governor’s Mansion” published February 22, 2011 online and in the print edition a day later, the Times indicated that former left-wing activist and BigGovernment.com contributor Brandon Darby urged two anarchists to firebomb the 2008 Republican National Convention in St. Paul, Minnesota [emphasis added]:

Yet federal agents accused two men from these circles of plotting to make firebombs and hurl them at police cars during the convention. An F.B.I informant from Austin, Brandon Darby, was traveling with the group and told the authorities of the plot, which he had encouraged.

We brought this to your attention on February 24th when we asked the Times to correct the record. We noted that according to the United States Attorney’s Office for the District of Minnesota, the assertion Darby “encouraged” the plot was patently false. On February 27th, we brought in Matthew Vadum, an expert on the circumstances surrounding the plot, to provide broader context to the Times’s smear.

Apparently the Times didn’t think we were serious, because the error remained unchanged.

Then, last week, a source informed BigJournalism.com that the New York Times reporter acknowledged the charge they published against Darby was in fact bogus, but still, the Times did not correct the article. We then made a suggestion that foreshadowed events to come:

For over a week now, the “newspaper of record” has allowed the record to contain a horrendous falsehood against an American patriot who saved countless lives. This is not just a journalistic faux pas, it’s quite possibly libel.

As of this writing, the false charge against Darby remains in tact.

Today, Brandon Dardy filed a lawsuit against New York Times for libel and defamation. An official letter from Mr. Darby:


Darby.Let.031011.Corrected -

A bold move to right an obvious wrong.

Legal brief after the jump:

Court.Stamped.Darby.Original.Petition-1 -

We’ll be following the story as it develops on BigJournalism.com and BigGovernment.com.


Big Government

Tagged with:
 

Last month, New York Times reporter James C. McKinley Jr. falsely reported that an FBI informant who helped to thwart a left-wing terrorist plot had actually encouraged the conspiracy.  In the article “Anarchist Ties Seen in ’08 Bombing of Texas Governor’s Mansion” published February 22, 2011 online and in the print edition a day later, the Times indicated that former left-wing activist Brandon Darby urged two anarchists to firebomb the 2008 Republican National Convention in St. Paul, Minnesota [emphasis added]:

Yet federal agents accused two men from these circles of plotting to make firebombs and hurl them at police cars during the convention. An F.B.I informant from Austin, Brandon Darby, was traveling with the group and told the authorities of the plot, which he had encouraged.

We brought this to your attention on February 24th when we asked the Times to correct the record.  We noted that according to the United States Attorney’s Office for the District of Minnesota, the assertion Darby “encouraged” the plot was patently false.  On February 27th, we brought in Matthew Vadum, an expert on the circumstances surrounding the plot, to provide broader context to the Times’s smear.

Apparently the Times didn’t think we were serious, because the error remained unchanged.

Then, last week, a source informed BigJournalism.com that the New York Times reporter acknowledged the charge they published against Darby was in fact bogus, but still, the article remained uncorrected.  We then made a suggestion that foreshadowed events to come:

For over a week now, the “newspaper of record” has allowed the record to contain a horrendous falsehood against an American patriot who saved countless lives.  This is not just a journalistic faux pas, it’s quite possibly libel.

As of this writing, the false charge against Darby remains in tact.

Today, Brandon Dardy filed a lawsuit against New York Times for libel and defamation.  An official letter from Mr. Darby:


Darby.Let.031011.Corrected -

A bold move to right an obvious wrong.

Legal brief after the jump.


Court.Stamped.Darby.Original.Petition-1 -

We’ll be following the story as it develops on BigJournalism.com and BigGovernment.com.


Big Journalism

Tagged with:
 

We read:

“The case began in November 1998 — yes, the wheels of justice do move slowly — when a Montreal talk show host vented against Arab and Haitian cab drivers. The comments accused the cabbies of uncleanliness, incompetence, arrogance and corruption.

One cab driver, Bou Malhab, believed the comments lowered his reputation so he started a defamation lawsuit. But he didn’t sue for himself alone; he sued on behalf of all Arab and Haitian cabbies in Montreal. After a long road through the judicial system the top judges of Canada were asked to decide on the legality of this group defamation lawsuit….

But in a 6-1 decision in mid-February, our top court judges ruled the group defamation lawsuit couldn’t succeed. In reaching this conclusion the court solidified the law that no one is entitled to compensation “solely because he or she is a member of a group about which offensive comments have been made.”

More importantly, the fact someone “feels humiliated, sad or frustrated is not a sufficient basis for an action in defamation.”

Source

Posted by John J. Ray (M.A.; Ph.D.). For a daily critique of Leftist activities, see DISSECTING LEFTISM. To keep up with attacks on free speech see TONGUE-TIED. Also, don’t forget your daily roundup of pro-environment but anti-Greenie news and commentary at GREENIE WATCH . Email me here

Post to Twitter Post to Plurk Post to Yahoo Buzz Post to Delicious Post to Digg Post to Facebook Post to MySpace Post to Ping.fm Post to Reddit Post to StumbleUpon

Stop The ACLU

Tagged with:
 

Last fall Illinois Review, a blog I admire and I’ve written for on occasion, was sued for defamation by Satkar Hospitality Inc., which is owned by Sharad K. Dani and his son, Harish Dani. Satkar owns the Wingate by Wyndham hotel in Schaumburg, Illinois. Specifically named in the suit are Fran Eaton, IR’s editor, and Dennis G. LaComb, Illinois Review’s publisher.
The conservative blog ran a series of posts about former state Rep. Paul Froehlich (D-Schaumburg), who assisted some political contributors in appealing their Cook County property tax assessments. Froehlich denies anything improper occurred.

In my opinion, to quote Dorothy Parker, in regards to the defamation case, “There is no there there.” I ran this information past a lawyer and he agreed with me.

The Thomas More Society agrees, as it stated in a statement:

The Thomas More Society has been engaged as legal counsel for the conservative pro-life/pro-family blog Illinois Review and its editor and publisher, in connection with a federal law suit accusing them of defamation and false light.

The suit takes issue with a blog post where Illinois Review reported on public information that linked an Illinois politician to financial supporters whose property taxes were lowered. The suit alleges that, based on Illinois Review’s reporting, Chicago’s FOX TV affiliate pursued the story on its website and television news broadcasts.

“We need to better appreciate media like blogs that do serious investigative journalism. The Thomas More Society sees this legal action against Illinois Review as frivolous, and we intend to have this case dismissed,” said Peter Breen, Executive Director for the Thomas More Society. “According to the suit ‘…the Illinois Review blog had attracted a large goose-stepping audience.’ Equating this blog’s readers to Nazis is more offensive that anything Illinois Review is being falsely accused of.”

The Satkar post was a follow up to the initial entry about Froehlich and and tax reassessments. Click here for the IR Froehlich-tagged posts.

Marathon Pundit’s legal advisor tells me the use of inflammatory language such as “goose-stepping” is “quite unusual” in a lawsuit.

I called Satkar Hospitality to get their side of the story. I spoke to a man who identified himself as Sharad K. Dani’s son, who referred my questions to the corporation’s lawyer.

Also named in the suit are various Fox broadcasting entities, including reporter Dane Placko, as well as the Cook County Board of Review, Cook County Assessor Joseph Berrios, and others. Satkar’s attorneys posted their legal complaint on their website.

As for Illinois Review, I believe their work is nothing short of citizen journalism at its best. Eaton and LaComb should be lauded as diligent public watchdogs.

Technorati tags:  

Marathon Pundit

Tagged with:
 

She waited seven months to do this, so obviously she’s given some thought to it. Or maybe she wanted to give Breitbart a chance to apologize, or in some way acknowledge the harm his irresponsible actions did to her, professionally and personally, or maybe at least take the defamatory video off his site, but to date he has done none of those things:

Sherrod, currently unemployed and living in her home town of Albany, Ga., said Breitbart has never apologized and continues to slur her character.

The court filing - which names Breitbart, producer Larry O’Connor and a “John Doe” who allegedly provided the entire speech to the blogger - claims Sherrod suffered defamation and emotional distress. The suit asks for Breitbart to remove the edited clip of her speech (which, according to the suit, can still be found on his site), an apology and unspecified damages.

Breitbart was served Saturday at the Conservative Political Action Conference meeting here in D.C., as first reported in the New York Times. In a statement released by his company, Breitbart said, “I can promise you this: neither I, nor my journalistic websites, will or can be silenced by the institutional Left, which is obviously funding this lawsuit.”

The statement goes on to say that Breitbart “categorically rejects the transparent effort to chill his constitutionally protected free speech” and is “absolutely confident” of being fully vindicated. The first hearing is scheduled for May 13.

Unfortunately for Breitbart, that bluster may not translate into successfully challenging the allegations contained in the legal complaint, which Doug Mataconis has embedded in a lengthy post analyzing the strength of Sherrod’s lawsuit. Doug pulls out several specific items in the complaint that he feels represent “the meat of Sherrod’s allegations” and concludes thusly:

This is just the opening Complaint, of course, and there’s much more to come as this case makes its way through the Courts.  Brietbart will file his response, as will the other Defendants, and discovery will commence, but reading through the Complaint it strikes me as a fairly well-developed defamation claim that is likely to at least survive any preliminary legal challenges.

Perhaps most interesting of all is who is representing Sherrod in this lawsuit:

The complaint is telling for just who Shirley Sherrod’s attorneys are, and it is a very significant point. There are a team of four attorneys at the DC office of Kirkland & Ellis, Thomas Clare, Michael Jones and Beth Williams with the lead being one Thomas D. Yannucci. And who is Tom Yannucci? Glad you asked. He is, if not the preeminent, one of the most preeminent plaintiffs defamation attorneys in the United States. From a September/October 2000 Columbia Journalism Review article:

In-house lawyers at top news organizations describe him as “extremely aggressive,” “very effective,” a straight shooter, and someone who, more than any other plaintiffs’ lawyer, “strikes fear in news organizations’ hearts.”

It is not hyperbole. Yannucci is the attorney who embarrassed and gutted NBC’s Dateline on the fraudulent GM exploding gas tank story and who obtained a page one above the fold retraction from Gannett Newspapers and the Cincinnati Enquirer, and reportedly $ 18 million dollars, in the Chiquita Brands story.

In other words, not the kind of attorney who would take on a case he didn’t think had a pretty good chance of succeeding.

Doug’s piece comes via Mark Thompson at The League of Ordinary Gentlemen, whose views on the odds of Sherrod winning a defamation lawsuit against Breitbart have changed significantly:

As some will recall, this past summer I argued that Shirley Sherrod would be ill-advised to file suit against Andrew Breitbart for defamation, largely on the grounds that, wherever my sympathies may lie, “her suit is extraordinarily unlikely to succeed.”  Yesterday, Ms. Sherrod filed that suit in the District of Columbia Superior Court.  Having now reviewed some of the concrete allegations in her complaint and some other important factors, I’d like to walk that original assessment back a few miles.  I have no idea how this case is ultimately going to play out, but Breitbart’s going to have a far tougher road to hoe on this than I anticipated.


The Moderate Voice

Tagged with:
 

I wasn’t witness to it, and didn’t actually hear about it until I was leaving the hotel this morning, but at some point yesterday Andrew Breitbart was officially served with a defamation complaint filed by Shirley Sherrod in connection with the controversy that erupted last July over an edited video of comments by her released by one of Breitbart’s websites:

Andrew Breitbart, the owner of several conservative Web sites, was served at the conference on Saturday with a lawsuit filed by Shirley Sherrod, the former Agriculture Department employee who lost her job last year over a video that Mr. Brietbart posted at his site biggovernment.com.

The video was selectively edited so that it appeared Ms. Sherrod was confessing she had discriminated against a farmer because he was white. In the suit, which was filed in Washington on Friday, Ms. Sherrod says the video has damaged her reputation and prevented her from continuing her work.

Mr. Breitbart said in a statement that he “categorically rejects the transparent effort to chill his constitutionally protected free speech.”

Brietbart’s full statement actually goes further than that, and picks up on his current obsession with a Department of Agriculture program to compensate African-American farmers who were discriminated against, which he contends was actually disguised slavery reparations:

Andrew Breitbart said, in response to being sued, “I find it extremely telling that this lawsuit was brought almost seven months after the alleged incidents that caused a national media frenzy occurred. It is no coincidence that this lawsuit was filed one day after I held a press conference revealing audio proof of orchestrated and systemic Pigford fraud. I can promise you this: neither I, nor my journalistic websites, will or can be silenced by the institutional Left, which is obviously funding this lawsuit. I welcome the judicial discovery process, including finding out which groups are doing so.”

On Thursday, February 10, 2011, at the Conservative Political Action Conference in Washington, D.C., Mr. Breitbart held a national press conference at which he, Huffington Post blogger Lee Stranahan, and black farmer Eddie Slaughter presented compelling evidence for, and Representatives Michele Bachmann (R-MN) and Steve King (R-IA) specifically called for, Congressional investigation into the Pigford case.

At the press conference, Mr. Breitbart revealed two hours of audio of Thomas Burrell, the head of the Black Farmers & Agriculturalist Association, Inc., teaching non-farmers in the South how to commit fraud in the Pigford “back-door” reparations case. This audio conclusively demonstrates how people have conspired to grow the class of Pigford claimants to 94,000, when in fact, there were only about 18,000 black farmers in the entire country during the relevant time period, and when there were never anticipated to be more than a few thousand potential claimants among those 18,000. The numbers just do not and cannot add up.

“I am determined to obtain justice for the truly and legitimately discriminated against American black farmers, who have heretofore been denied justice by the USDA and the Pigford case,” Andrew Breitbart said. “Nothing will deter my efforts to makes them whole. I will simultaneously continue to fight relentlessly against the efforts of those who would use these working American farmers to defraud the American taxpayer to the tune of billions of dollars. This new lawsuit will not stop the American public from finding out what is really going on, who is directly culpable, and the critical role of the Pigford claimant in all off this.”

Without seeing a copy of the Complaint, I can’t really comment on the merits of Sherrod’s lawsuit, although I will say that I think that those who think that Breitbart will be able to rely on the argument that Sherrod was a  “public figure” as defined by New York Times v. Sullivan and subsequent cases for defamation purposes are mistaken. One has to think that Breitbart knew this lawsuit was coming, though, given how hard he was pushing this Pigford story at CPAC, including spending almost ten minutes talking about it in Blogger’s Lounge.




Outside the Beltway

Tagged with:
 

I’ll keep it short.

Wherein Weisberg pens a haphazard emotional rant about how guns are bad, mkay? minus fact, statistic, anything that would point out that his piece is somehow separate from what one would find scrawled on the inside of a Trapper Keeper:

But the Tea Party movement did make it appreciably more likely that a disturbed person like Loughner would react, would be able to react, and would not be prevented from reacting, in the crazy way he did.

Prove it. I dare you right now, Mr. Weisberg, prove your defamation.

There is not a single tie to Loughner and the tea party. Period.

Let’s do his job for him by way of actual fact and writing.


Big Journalism

Tagged with:
 

I’ll keep it short.

Wherein Weisberg pens a haphazard emotional rant about how guns are bad, mkay? minus fact, statistic, anything that would point out that his piece is somehow separate from what one would find scrawled on the inside of a Trapper Keeper:

But the Tea Party movement did make it appreciably more likely that a disturbed person like Loughner would react, would be able to react, and would not be prevented from reacting, in the crazy way he did.

Prove it. I dare you right now, Mr. Weisberg, prove your defamation.

There is not a single tie to Loughner and the tea party. Period.

Let’s do his job for him by way of actual fact and writing.


Big Journalism

Tagged with:
 

It’s obvious to honest observers that the recent attempt of the Organization of the Islamic Conference to push for international “anti-blasphemy” laws at the United Nations is merely an attempt to criminalize the kind of speech that occurs here at Jihadwatch, and in the writing of authors such as Robert Spencer, Oriana Fallaci, Bat Ye’or, and other honest critics of Islamic supremacism. Which is, of course, to say “of Islam,” since there is no widely accepted form of Islam that is not supremacist. There’s a very good reason for this: As Communism was an ideological religion, Islam is a religious ideology.

The absolute political sovereignty of Islam, across the entire expanse of the world, over every living human being, is demanded by all the authoritative sources of Islamic faith: the text of the eternal, irreformable, absolutely flawless and uncreated Qur’an; the burden of the sacred Hadiths that give the authoritative life of the last prophet of God; and the lifetime example (as depicted in these two sources) of that prophet who is the “excellent example” of perfect human conduct.  Any variety of Islam that arises which renounces world supremacy, religious intolerance, the persecution of polytheists, the subjugation of Jews and Christians, the jizya, the oppressive marital laws and unequal sexual arrangements of Sharia
would be heretical-as heretical as a variant of Christianity that renounced the divinity of Christ.

Surely I exaggerate. Surely the intolerant political agenda included in the Qur’an is something secondary, which modernized Muslims (affected by the Western societies in which they increasingly dwell) will somehow pressure their religious authorities to shuck off-as American Catholics (Cardinal Spellman, John Courtenay Murray) pressured the papacy at Vatican II to renounce the Church’s long history of advocating Catholic states that claimed the right to restrict the spread of heresy. The Church made that minor compromise with a secondary, non-infallible teaching, with no obvious ill-effects. Likewise, Lutherans have foresworn the toxic anti-Semitism of Martin Luther, and Calvinists have pretty much (with a few exceptions) sworn off the theocratic politics of John Calvin’s Geneva.  Jews, for
their part, have not executed witches or sodomites for some thousands of years-despite injunctions to the contrary in their own scriptures. Surely Islam contains within it the seeds of a Vatican II, the potential for healthy midrash that can yield more generous readings of the authoritative Qur’anic verses that call for death to unbelievers (polytheists) and demand “willing submission” and the jizya for People of the Book. Right?

Well, no. Anybody who thinks so clearly hasn’t studied the Qur’an to learn what it says about itself, or the authoritative Islamic commentaries that reiterate and expand upon that account. The kind of perfection claimed by and for the Qur’an goes far beyond what Christians claim for the New Testament, or Jews for the Hebrew Bible. Indeed, the level of inerrancy attributed to Muhammad’s recitations is far, far higher than the text of a dogmatic decree issued infallibly by a pope. There is simply no other earthly equivalent for the degree of authority claimed by and for the Qur’an-which Muslims believe pre-existed the created universe, co-eternally with God, word for word as man has received it…in Arabic. Christians believe that Jesus is the Logos, the Word of God co-existing with Him from all eternity. This is the closet simulacrum one can find for the Muslim theory of the nature of the Qur’an.

Does that sound… silly to you? If you say so, you are by Muslim standards committing blasphemy, as surely as if Jesus Christ were walking the earth and you spat in His face, or the Ark of the Covenant was (as some Coptic monks claim) still extant in Ethiopia, and you used the Ark as an altar to Ba’al.

What if you decided to be tactful, or ecumenical, and hid your true reaction to the claim that a religious book which devotes whole chapters to dividing up the booty of military expeditions (including sex slaves) was co-eternal with the Creator of the universe. Let’s say you had the good manners simply to tell a Muslim that you disagreed. That is blasphemy too, by today’s Islamic standards-witness the case of Asia Bibi, who is currently on death row for blasphemy in the jails of heavily-subsidized U.S. “ally” in the War on Terror Pakistan, simply for the crime of refusing to renounce her Christian faith, as demanded by Muslim neighbors who (apparently) resented her over a water dispute.

Because, you see, the very existence of other faiths on the earth is itself, for Muslims, a blasphemy-a sin that cries out to heaven for vengeance (to use a Christian expression). The Christian claim of divinity for Christ is “shirk,” or the blasphemous association of other gods with God. Every Catholic Mass, every printing of the (adulterated and falsified) Hebrew Bible or New Testament is an act of
blasphemous propaganda, because it either consists of idolatrous
shirk, or implicitly denies the claim of Islam that it
offers the purified, corrected form of the religion of Abraham.  To deny the truthfulness of Islam is, by Islamic standards, the very “defamation” which the OIC seeks to criminalize across the world. To advocate resistance against orthodox Muslims who (rightly, according to their lights) seek to establish an international theocracy, by pointing out the unattractiveness of Sharia, is likewise “defamation.” Imagine
if Britain’s lax libel laws (in which truth is no defense) were established across the world, the chilling effect that would have on journalism of every kind. That is the kind of standard in religious discourse which Muslims seek to impose. They know full well, as non-Muslim critics of the OIC proposal have pointed out, that  the ban on
criticism would not be applied to Muslims. There is no prospect of Pakistani courts citing a U.N. declaration to prevent imams in Kashmir from denouncing the devotees of the Hindu god Ganesh. Indeed, the Qur’an itself is a long, intemperate act of religious defamation aimed at every other faith on the face of the earth. Were the OIC proposal enacted and enforced, the Qur’an itself should be banned. Not likely.

Now, there’s not much likelihood either that such an anti-blasphemy act, even if it were passed, would have much legal effect. Most Western countries still know enough to shove U.N. resolutions where they belong-down the memory hole. But think of how much damage was done to the state of Israel by the hateful and dishonest U.N. resolution equating Zionism (as distinct from every other nationalism) with “racism.” That resolution sat on the U.N.’s books for decades, and offered endless rhetorical fodder to anti-Semites across the world.  This resolution against religious defamation would offer similar aid and comfort to Islamic supremacists, who would cite it to try to suppress websites like this one, and prosecute in international courts writers like…everyone you read here. One might as well simply add the text of the Qur’an into the General Assembly Charter and accept it as international law. That’s what Muslim supremacists really want, in the long run. Pointing that fact out is an act of religious defamation. If this be blasphemy, then let us make the most of it.

Jihad Watch

Tagged with:
 

(Ilya Somin)

The United Nations General Assembly Third Committee recently passed another resolution urging nations to ban defamation of religion [HT: Elizabeth Cassidy of the US Commission on International Religious Freedom, which criticized the resolution here]:

A U.N. General Assembly committee once again voted to condemn the “vilification of religion” on Tuesday, but support narrowed for a measure that Western powers say is a threat to freedom of expression.

The non-binding resolution, championed by Islamic states and opposed by Western countries, passed by only 12 votes in the General Assembly’s Third Committee, which focuses on human rights, 76–64 with 42 abstentions.

Opponents noted that support had fallen and opposition increased since last year, when the Third Committee vote was 81–55 with 43 abstentions. The 192-nation General Assembly is expected to formally adopt the measure next month.

The resolution was amended from versions passed in previous years in an attempt to secure support from Western nations. Instead of defamation of religion, it speaks of “vilification.” It also condemned acts of violence and intimidation due to “Islamophobia, Judeophobia and Christianophobia.“

Senior Conspirator Eugene Volokh and I explained why previous incarnations of this resolution pose a threat to freedom of speech and religion here, here, and here. As I have pointed out previously, this is an excellent example of the ways in which repressive governments seek to use international human rights law to suppress freedom rather than protect it, a problem I have written about in two articles coauthored with John McGinnis (see here and here). Most of the support for this resolution comes from authoritarian and repressive regimes, many of which have terrible records on religious freedom. The resolution was sponsored by the Organization of the Islamic Conference. Most OIC members are authoritarian states, and many are notoriously intolerant of non-Muslim religions, secularism, and even versions of Islam at odds with that espoused by their rulers.

The new text of the resolution is slightly altered from previous versions, this time targeting “vilification” of religion rather than “defamation.” Advocates claim that this change represents a concession. In my view, it actually makes the resolution worse. At least in Anglo-American and European law, the term “defamation” implies a false statement. Truth is a defense to a defamation action. By contrast, “vilification” may encompass even true charges against a religion. Whether intentionally or not, the sponsors have managed to make a bad resolution even worse. Moreover, the new text still explicitly urges states to “prohibit the advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence.” Almost any strong criticism of a religious organization or its beliefs could qualify as “incitement” to “hostility” or “discrimination.”

Although the resolution is nonbinding, many scholars and advocates of broad interpretations of international law see such UN resolutions as contributing to “customary international law” norms that all states must obey, even if they have not explicitly ratified them. There is little danger that the resolution will undermine freedom of speech or religious freedom in the US in the near future. But it poses a greater threat in nations where resistance to domestic incorporation of customary international law norms is weaker. More generally, the debate over this resolution highlights the need to decisively oppose efforts to use such dubious “norms” to override the domestic law of liberal democracies.




The Volokh Conspiracy

Tagged with:
 

Chiquita-sticker-contest-winners

Jennifer Lawinski reports on the 18 winning designs that will graze your future Chiquita bananas. Money quote about the contest which would not allow:

any writing or material Chiquita could find "inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous."
Defamatory of bananas? You mean calling them straight?





Email this Article
Add to digg
Add to Reddit
Add to Twitter
Add to del.icio.us
Add to StumbleUpon
Add to Facebook




The Daily Dish | By Andrew Sullivan

Tagged with: