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The Legal Project, an activity of the Middle East Forum, works to protect the right in the West to freely discuss Islam, radical Islam, terrorism, and terrorist funding. [More] Commentary & Analysisby Adam Turner • January 13, 2011 at 1:55 pm
During the last two months, all around the world, the Islamists are on the march: · In Denmark, five Islamists were arrested for hatching what Danish officials called a plan to "kill as many people as possible" in an assault on the Danish newspaper the Jyllands-Posten daily, which was targeted for its 2005 publication of a dozen cartoons of the Prophet Mohammed. According to one source, this is the "seventh attack or threat against the Jyllands-Posten building or someone connected with the newspaper since 2008." · In Sweden, an Islamist suicide bomber prematurely blew himself up in Stockholm right before Christmas. The bomber was carrying a cocktail of explosives and probably meant to wreak tremendous carnage among Swedish Christmas shoppers.
The latest terrorist tactic: litigation by Daniel Huff • January 11, 2011 • The Daily Caller
On December 29, Scandinavian authorities arrested five terrorists planning an attack in Denmark. Almost as interesting as what they targeted is what they spared and the lessons it holds for future counterterrorism efforts. The plot was to storm the Copenhagen newsroom of Jyllands Posten and murder its staff. It was the fourth attempt this year by Islamic extremists to punish the newspaper that published the Mohammed cartoons. But the terrorists are guilty of selective prosecution. They have yet to strike Politiken, which also published the cartoons, even though its offices are literally next door.
by Ann Snyder • December 31, 2010 at 1:01 pm
Molly Norris was right, initially at least. The original idea behind "Everybody Draw Mohammed Day" was simple. It was a message about the importance of solidarity in defense of something of great value—the cornerstone of our individual liberties—freedom of expression. Comedy Central, Norris charged, had "cooperated with terrorists" when it censored an episode of South Park. If instead, everyone drew an image of Mohammed, Islamists couldn't possibly silence all of us. Her message echoed Benjamin Franklin's statement at the signing of the Declaration of Independence: "We must all hang together, or assuredly we shall all hang separately."
by Ann Snyder • December 20, 2010 at 5:17 pm
I must confess. Rhetorically, that is. I don't want to give European prosecutors any ideas should I travel abroad! Perhaps you should confess, too. If you have ever publicly expressed an opinion that somebody, somewhere, might deem offensive, chances are you may have violated any one or number of the "hate speech" laws that have proliferated throughout Europe. The language of some of these laws is sweeping. These perhaps once, well-intentioned efforts to prevent discrimination now no longer merely threaten to eviscerate free speech rights; they are eviscerating them. Europeans must speak up now, while they still can and remove these insidious laws from the books once and for all.
Unlearning the Lessons Being Taught by Ann Snyder • December 9, 2010 at 10:49 am
Islamists aren't the only threat to speech critical of Islam. Many European states, for example, have criminalized speech acts through legally enforced "political correctness" embodied in "hate speech" laws. In America, where it still remains (more or less) legal to think and speak, the assault on free expression is being waged on a different front, our universities. The target? The minds of America's youth. Far from being bastions of free thought and critical inquiry, our universities, through speech codes, security fees, and other tactics, begin the "political correctness" indoctrination process early, teaching young Americans what they may and may not say (READ: think). Naturally, included in the realm of the verboten is expression deemed critical of Islam.
by Adam Turner • December 2, 2010 at 2:27 pm
Austrian "hate speech" prosecutors are very busy these days. In addition to going after Elisabeth Sabaditsch-Wolff for "prejudicial incitement," i.e., criticizing Islam and Sharia laws at a seminar, the Austrians found the time to crack down on yet another "Islamophobic" miscreant, a 63 year old Austrian retiree.
Islamic Extremist Targets Facebook Users by Daniel Huff • October 29, 2010 • FrumForum
Court documents filed last week reveal Islamic extremists have obtained personal contact information on members of the defiant Facebook group "Everybody Draw Mohammed Day." Zachary Chesser, who provided the information, pled guilty to "communicating threats" and renounced jihad, but the damage was done. Prosecutors say he "seriously endangered the lives of innocent people who will remain at risk for many years to come." This lasting effect makes it all the more frustrating that authorities did not charge him sooner. He had made very similar threats against the producers of South Park weeks before. The case highlights the urgent need for better legal tools to protect free speech from extremist intimidation.
The Tide Turns for Geert Wilders? by Ann Snyder • October 22, 2010 at 12:04 pm
The tide may finally have turned in the trial of Dutch politician, Geert Wilders, who is being prosecuted for "hate speech" for expressing his views on Islam. This week, Wilders' team has been presenting his defense in the afterglow of last week's statement by prosecutors that all charges against Wilders should be dropped, in part, on the basis that he made his remarks "as a politician…within the context of public debate." However, the final decision remains in the hands of the court whose ruling is expected by November 5, 2010.
Cowardice Rules on Speech Rights & Islam by Adam Turner • October 17, 2010 at 10:34 pm
Recently, I contacted the ACLU of NJ to find out if they were preparing to defend Derek Fenton, the NJ Transit employee fired for burning the Koran. Granted, Mr. Fenton's Koran burning may be considered offensive by some. However, the ACLU is well-known for defending the free speech rights of even the most unsavory characters (e.g., Klansmen, neo-Nazis, communists, etc.). Moreover, experts (including an ACLU spokesman) agree that Mr. Fenton has a strong case.
It's Time to Fight Back Against Death Threats by Islamic Extremists by Ayaan Hirsi Ali and Daniel Huff • September 27, 2010 • Los Angeles Times
Earlier this year, after Comedy Central altered an episode of "South Park" that had prompted threats because of the way it depicted Islam's prophet Muhammad, Seattle cartoonist Molly Norris proposed an "Everybody Draw Muhammad Day." The idea was, as she put it, to stand up for the 1st Amendment and "water down the pool of targets" for extremists. The proposal got Norris targeted for assassination by radical Yemeni American cleric Anwar Awlaki, who has been linked to the attempted Christmas Day bombing of a Northwest Airlines flight and also to several of the 9/11 hijackers. This month, after warnings from the FBI, Norris went into hiding. The Seattle Weekly said that Norris was "moving, changing her name, and essentially wiping away her identity."
Why Is America Curbing Free Speech, and Giving Extremists What They Want? by Daniel Huff • September 24, 2010 • FoxNews
The struggle for civil rights forged a national commitment to preserving free speech in the face of hostile audiences. It is alarming how quickly the Koran controversy has melted that resolve. Initially, everyone from Mayor Bloomberg to the White House affirmed a right to burn the book even as they condemned the act. Then Gen. David Petraeus got involved, followed by the FBI, and now Supreme Court Justice Stephen Breyer says Koran burning may not be protected speech after all.
To Secure the Blessings of Liberty by Ann Snyder • September 18, 2010 at 6:37 pm
You may not have known but yesterday was Constitution Day. It also marked the beginning of Yom Kippur. While our Jewish friends reflect on the Day of Atonement, let all of us, religious or not, reflect on the significance of September 17, 1787 in our nation's history. On that day, our nation, born out of revolution, underwent a radical restructuring of its national government and survived with its founding principles intact. We had endured our violent beginning and our first tumultuous years together as a people.
Pelosi threatens speech rights … and gets what she wants? by Adam Turner • September 10, 2010 at 9:08 am
On August 18, 2010 House Speaker Nancy Pelosi waded into the increasingly divisive Ground Zero Mosque & Community Center (GZMCC) debate by stating "There is no question there is a concerted effort to make this a political issue by some. And I join those who have called for looking into how is this opposition to the mosque being funded. How is this being ginned up…" Perhaps after being told by her staff of the plain meaning of the First Amendment, the next day Pelosi "clarified" her prior statement, saying that she did not actually favor a blatantly unconstitutional "congressional inquiry" but instead merely supported "the statement made by the Interfaith Alliance that 'We agree with the (Anti-Defamation League) that there is a need for transparency about who is funding the effort to build this Islamic center. At the same time, we should also ask who is funding the attacks against the construction of the center.'"
OIC: Petraeus Guilty of Islamophobia by Nathaniel Sugarman • August 20, 2010 at 12:52 pm
The Organization of the Islamic Conference (OIC) labeled Gen. David Petreaus's counter-insurgency manual a "manifestation of Islamophobia" in their latest bulletin. The bulletin includes text from an article titled "Petraeus wrote anti-Islamic manual" published by the Iranian news organization, PressTV. Presumably, the document is "Islamophobic" because, according to the article, it "details an alleged link between Muslim groups and terrorists" and utilizes terms such as "Islamic insurgents" and "Islamic extremists." Perhaps also a "manifestation of Islamophobia" from the OIC's perspective is Petraeus's flouting of the White House policy to ban the word "Islam" in describing America's enemies.
The SPEECH Act Should Not Pre-empt State Law by Daniel Huff • August 9, 2010 • The National Law Journal
A federal law passed in late July making it harder to enforce foreign libel judgments is great news for journalists in 46 states. Unfortunately, for those in the remaining four, it may have the unintended consequence of weakening the protection they already enjoy under analogous state law provisions. Congress passed the Speech Act to combat "libel tourism," the practice of intimidating U.S. authors by suing them in foreign jurisdictions less protective of free speech rights. Plaintiffs know American libel law provides broad protection for journalists, including a heightened burden of proof on plaintiffs and searching appellate review of jury awards, resulting in 70% of them being overturned.
Denmark: Prosecution of Free Speech Advocate May Prompt Changes to Racism Laws by Nathaniel Sugarman • August 6, 2010 at 2:23 pm
On August 4, 2010, the Public Prosecutor for Copenhagen charged International Free Press Society (IFPS) president Lars Hedegaard with racism. The IFPS describes itself as an organization "exclusively devoted to defending the right of free expression."
No Lawsuit in London Headscarf Farce - Yet by Nathaniel Sugarman • July 30, 2010 at 1:19 pm
Last week, two Muslim women told the BBC that a "bigoted" driver forced them to exit a Metroline bus because they were wearing Islamic headscarves. Yasmin and Atoofa, identified by the BBC only by their first names, also filed an official complaint with Metroline, though they did not immediately commence a lawsuit.
One Thousand and One (or Fewer?) Arabian Nights by Ann Snyder • July 22, 2010 at 8:39 am
The tales that so captivated King Shahryar that he spared the life of Scheherazade have narrowly escaped their own demise (or at least expurgation). The L.A. Times reported that a group of Egyptian attorneys filed a suit aimed at banning completely or at least censoring supposedly offensive passages from a recent edition of the classic, The Arabian Nights. Fortunately, the prosecutor general of Egypt threw out that suit. However, the group, Lawyers Without Shackles, has other works in its sights. According to the article, they are "determined to delete salacious passages from contemporary literature and cherished classics."
by Jeffrey Azarva • July 20, 2010 at 3:59 pm
Yesterday afternoon, the Senate took a critical step in eradicating "libel tourism" when it passed the SPEECH Act by unanimous voice vote. The result was a victory for the Legal Project which, early on in the effort, began providing research and information to the Senate committee which produced the bill.
Is Libel Reform in Britain Really in the Cards? by Jeffrey Azarva • July 16, 2010 at 2:48 pm
On July 9, Lord McNally, U.K. Minister of State for Justice, announced plans to introduce a draft bill in early 2011 that would seek wholesale reform of England's notorious defamation laws. Free-speech advocates applauded the move, and with good reason—the U.K.'s plaintiff-friendly libel regime (e.g., burden of proof on defendant; weak "public interest" defense; broad jurisdictional reach; no single publication rule) has long succeeded in stifling free expression. McNally's proposal is not the first time the government has tried its hand at libel reform. Prior to its ouster from power in the 2010 general election, the Labour Party mounted a last-ditch bid to amend the law, but the effort fell victim to political pitfalls.
by Adam Turner • July 15, 2010 at 11:13 am
In an opinion piece titled, Free speech in chains, written by a Keith Yost, a student at M.I.T., for the M.I.T. newspaper, The Tech, Mr. Yost eloquently speaks out against the war Islamist radicals are conducting against the free speech rights of Americans (and all others). The critical paragraphs in his op-ed are:
by Adam Turner • July 8, 2010 at 5:03 pm
Lawmakers in Moscow have introduced legislation to ban the media from mentioning the nationality, race and religion of criminals. This is a reversal of the usual Russian policy of reinforcing and/or even demanding ethnic identifications (e.g., Russian passports have generally stated ethnicity.) One of the bill's sponsors, Moscow City Duma Deputy Aleksandr Semennikov, explained his reasons for introducing this new bill:
Religious Thuggery Threatens Free Speech in Michigan by Nathaniel Sugarman • July 6, 2010 at 11:35 pm
The Federal District Court for the Eastern District of Michigan will soon decide whether a public bus company can refuse to run ads that may offend Muslims. The bus ads, sponsored by Pamela Geller's Freedom Defense Initiative (FDI), promote RefugeFromIslam.com, a website that reaches out to Muslims who have chosen to leave the faith but lack the tools to do so. The campaign has illuminated an inevitable choice that Michigan must make between supporting free speech and permitting the Dearborn Islamic Community to dictate what is publishable and what is off-limits.
Is the First Amendment in Jeopardy? by Daniel Huff • July 6, 2010 • Fox News
The Declaration of Independence did more than dissolve the bonds with England. It put the world on notice that America is sovereign; that the rights of its citizens will not be dictated by foreign powers. That is why it is hard to believe that free speech, the pillar of American democracy, could be in any actual jeopardy from U.N. treaties banning "hate speech" or recent efforts to proscribe what is being called "defamation of religions." This complacency is reinforced because the U.S. government has always reserved the right to ignore any treaty provisions inconsistent with the First Amendment. The problem is international law and the First Amendment are not independent issues. The existence of treaties limiting speech can color the way U.S. courts construe the boundaries of free expression. The more such treaties there are, the greater the likelihood courts will find they embody a compelling government interest which trumps the First Amendment. |
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