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Defaming Muhammad does not fall under purview of free speech, European court rules Login/Join 
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Picture of fpuhan
posted
I think this falls under the heading "De Facto becomes De Jure." If this was the US, would the ruling have been the same?

Link (FOX News)

The freedom of speech does not extend to include defaming the prophet of Islam, the European Court of Human rights ruled Thursday.

The Strasbourg-based ECHR ruled that insulting Islamic prophet Muhammad “goes beyond the permissible limits of an objective debate” and “could stir up prejudice and put at risk religious peace.”

The court’s decision comes after it rejected an Austrian woman’s claim that her previous conviction for calling Muhammad a pedophile, due to his marriage to a 6-year-old girl, violated her freedom of speech.

The ECHR ruled Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.”

The woman, in her late 40s and identified only as E.S., claimed during two public seminars in 2009 that Muhammad’s marriage to a young girl was akin to “pedophilia.”

According to Islamic tradition, the marriage between Muhammad and a 6-year-old girl was consummated when she was 9 years old and he was about 50.

The Austrian woman stated in her seminars that Muhammad “liked to do it with children” and “… A 56-year-old and a 6-year-old? … What do we call it, if it is not pedophilia?”

A Vienna court convicted her in 2011 of disparaging religious doctrines, ordering her to pay a $547 fine, plus legal costs. The ruling was later upheld by an Austrian appeals court.

The woman argued her comments fell within her right of freedom of expression and that religious groups must tolerate criticism. She also argued her comments were intended to contribute to public debate and not designed to defame Muhammad.

The ECHR said the Austrian court’s decision “served the legitimate aim of preserving religious peace.”

The court also said the woman’s comments were not objective, failed to provide historical background and had no intention of promoting public debate.




You can't truly call yourself "peaceful" unless you are capable of great violence. If you're not capable of great violence, you're not peaceful, you're harmless.

NRA Benefactor/Patriot Member
 
Posts: 2857 | Location: Peoples Republic of North Virginia | Registered: December 04, 2015Reply With QuoteReport This Post
Mensch
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Circling the bowl...


------------------------------------------------------------------------
"Yidn, shreibt un fershreibt"

"The Nazis entered this war under the rather childish delusion that they were going to bomb everyone else, and nobody was going to bomb them. At Rotterdam, London, Warsaw and half a hundred other places, they put their rather naive theory into operation. They sowed the wind, and now they are going to reap the whirlwind."
-Bomber Harris
 
Posts: 16120 | Location: Ivorydale | Registered: January 21, 2005Reply With QuoteReport This Post
Coin Sniper
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This is easy to evaluate

- Call Muhammad a false prophet, record results
- Call Christ a false prophet, record results
- Call Moses a false prophet, record results

Compare and contrast.




Pronoun: His Royal Highness and benevolent Majesty of all he surveys

343 - Never Forget

Its better to be Pavlov's dog than Schrodinger's cat

There are three types of mistakes; Those you learn from, those you suffer from, and those you don't survive.
 
Posts: 37957 | Location: Above the snow line in Michigan | Registered: May 21, 2004Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
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What laws apply?

No Constitution, no Bill of Rights in Europe.

This may illustrate why ours is so critically important.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
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Freethinker
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quote:
Originally posted by JALLEN:
This may illustrate why ours is so critically important.


Absolutely. Every time I think to myself that the BS Media should be reined in due to their huge influence on most people and their stunningly obvious bias, I then remind myself, “Yeah, but ….”

We must never forget that there are strong forces at work that would restrict our rights in a moment if they could.




6.4/93.6

“Wise men talk because they have something to say; fools, because they have to say something.”
— Plato
 
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quarter MOA visionary
Picture of smschulz
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quote:
I think this falls under the heading "De Facto becomes De Jure." If this was the US, would the ruling have been the same?


No it would be different here.
Over there they are just scared of getting 'blowed up' plus it is illegal to defend yourself pretty much everywhere else.
 
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Not really from Vienna
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quote:
The woman, in her late 40s and identified only as E.S., claimed during two public seminars in 2009 that Muhammad’s marriage to a young girl was akin to “pedophilia.”

According to Islamic tradition, the marriage between Muhammad and a 6-year-old girl was consummated when she was 9 years old and he was about 50



Walks like a duck, quacks like a duck...
 
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Tinker Sailor Soldier Pie
Picture of Balzé Halzé
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quote:
Originally posted by fpuhan:
If this was the US, would the ruling have been the same?


Of course not. This 1984 nonsense would never fly here. At least not yet or in the near future. God Bless our Constitution.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

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Posts: 30408 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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quote:
Originally posted by fpuhan:
I think this falls under the heading "De Facto becomes De Jure." If this was the US, would the ruling have been the same?



Of course not. They don't have a 1st amendment. That decision is allowed under the laws of most European countries. It may not be the wisest policy, but it is theirs.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
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Facts are stubborn things
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This is why the USA is the greatest Nation ever founded by men.





Do, Or do not. There is no try.
 
Posts: 1786 | Location: Just South of Charlotte, NC | Registered: February 24, 2011Reply With QuoteReport This Post
Banned
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quote:
The ECHR ruled Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.”


that's a new one - protecting feelings. Not rights. Not the right to assemble, speak, express ideas, protect oneself. Now they are protecting feelings.
 
Posts: 5906 | Location: Denver, CO | Registered: September 16, 2004Reply With QuoteReport This Post
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Picture of RichardC
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The European court wouldn't have even HAD to rule on it, if their pedophile-worshipping population hadn't been allowed to reach critical mass.


____________________
 
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Member
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AND, this is what a great deal of our Leaders want for the United States. Sort of explains why the media is in such a tizzy.
 
Posts: 232 | Registered: January 20, 2007Reply With QuoteReport This Post
Do the next
right thing
Picture of bobtheelf
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quote:
could...put at risk religious peace


Do none of them find it puzzling that that's the only religious figure for which that's the case?
 
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I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by bobtheelf:
quote:
could...put at risk religious peace


Do none of them find it puzzling that that's the only religious figure for which that's the case?


No. They remember their history, filled with wars over religious beliefs, back and forth, every combination imaginable. ~1500 years worth, maybe more.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Member
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Had she substituted Jesus Christ for Mohammad, would the Vienna court even prosecute her originally in 2011?

Doubtful.


P229
 
Posts: 3825 | Location: Sacramento, CA | Registered: November 21, 2008Reply With QuoteReport This Post
Gracie Allen is my
personal savior!
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Whatever the motivation, the result is insane. She said nothing that Muslims themselves have not documented and presented as the truth, and I'll be damned if the reputation of someone who's been dead for centuries needs to be absolutely protected on the basis of mere speculation that something bad might possibly occur.

Come to think of it, what in the hell is "religious peace" anyway, and what are the parameters by which the Commission is supposed to determine that it has been broken?
 
Posts: 27293 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
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That's crazy.

I need to go ahead and get those Charlie Hedbo covers framed and up on the walls.
 
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I wouldn't be surprised that they rewrite history in order to appease certain individuals.
 
Posts: 6883 | Location: Treasure Coast,Fl. | Registered: July 04, 2003Reply With QuoteReport This Post
Member
Picture of TigerDore
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quote:
Originally posted by JALLEN:
What laws apply?

No Constitution, no Bill of Rights in Europe.

This may illustrate why ours is so critically important.

And why the Left wants to cut it into pieces.



.
 
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