Posted by Eugene Volokh:
Dutch Court Apparently Rules That Harsh Criticism of Religion Isn't a Crime If
Adherents Aren't Expressly Mentioned:
http://volokh.com/archives/archive_2009_03_08-2009_03_14.shtml#1236793729
I can't be sure, because I haven't seen an English translation of the
full decision (please let me know if you have one), but here's the
report from the [1]NRC Handelsblad newspaper's Web site:
"Stop the tumour that is Islam" is not an insult to a group on the
basis of its religion, the Dutch high court ruled on Tuesday. An
activist from the southern town of Valkenswaard ... has been
acquitted of the charge [of insulting a group on the basis of its
religion, the Dutch high court ruled on Tuesday]
The man from Valkenswaard had hung [a] poster after the 2004 murder
of Dutch filmmaker Theo van Gogh by a Muslim extremist [that said]:
"Stop the tumour that is Islam. Theo has died for us. Who will be
next? Resist now! National Alliance, we will not bow down to Allah.
Join now." ...
The high court on Tuesday explained its ruling by saying that it is
not a crime to express insults towards religion. "Not even if that
happens in such a way that the devotees feel their religious
feelings are hurt", the court said.
The highest judge in the Netherlands said that only if a needlessly
offensive remark is 'explicitly' geared towards a certain group,
which is distinct from others in society based on its religion, can
there be a matter of group insult as defined in article 137c of the
Dutch criminal code. For an insult towards a group to be
punishable, that group has to be 'collectively' hit in what defines
that group, namely religion. Criticism towards opinions that exist
within a group or the behaviour of people belonging to that group
cannot be penalized, according to the ruling....
The high court said the same criteria of group insult will apply in
[2]the prosecution of Geert Wilders....
References
1.
http://www.nrc.nl/international/article2176521.ece/Dutchman_acquitted_of_insulting_Islam?service=Print
2. http://volokh.com/posts/chain_1234326329.shtml
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