> My basic question comes down to this: the right to free speech has > always been limited by the fact that the speaker would be forced to > take the consequences of his speech. Calling someone a liar may get > you sued for libel, for example. However, there doesn't seem any > consequence for being gratuitously offensive against a religion.
It depends on the country. Broadly, you're right about libel law - it wouldn't really apply. But a number of countries have more specific laws designed to restrict speech that wouldn't be covered by "standard" restrictions on speech, but are rather special cases arising out of that country's history, culture,etc. Eg: Germany,etc have laws against holocaust denial. In India, the Fundamental Right to free speech is restricted in the Constitution itself (or atleast the Govt is allowed to impose reasonable restrictions by law) for the purpose of preserving public order/morality,etc. You could argue that speech starting a riot doesn't really do much for public order. More pertinently, the UK Govt has recently been trying to pass a Bill on exactly the point you're talking about - trying to make "incitement to religious hatred" (or some such - I think that's the phrase) a crime, and it has been facing stiff opposition from free speech advocates. However, the radical cleric Abu Hamza was yesterday convicted in England and jailed for inciting murder and racial hatred..things which are already crimes. So I do think there are avenues for punishing people who go as far as Abu Hamza did. In general, however, I am very uncomfortable with the idea of further restrictions on speech, even with good intentions - the road to hell and all that. I don't think speech should be absolutely free, but broadly speaking I think restrictions should be kept in situations where speech is directly inciting violence seriously, or the classic American Oliver Wendell Holmes example of someone causing a riot by shouting "fire" in a crowded theatre. The further you get away from these, the more uncomfortable I get..but it is hard to draw a bright line. Badri
