Monday, January 18, 2010

Censorship and Libel at USC

Having read several articles asserting that Pakistan's delegate had, on behalf of the OIC, submitted to the Ad Hoc Committee on Elaboration of Complementary Standards,[See also: Ad Hoc Cmte Draft Document] a proposal containing the text of Ireland's new blasphemy legislation, my curiosity was aroused. I posted a blog comment expressing doubt, and disappointment that the post did not provide a link to the source of the claim. I prepared to compose a blog post about the issue, but after diligent search, I was unable to find specific information.

Serendipitous discovery of a document hosted by Article 19 has brought the truth to light, proving my assumption to be in error. I had assumed that the referenced proposal had been made previous to the recent meeting of the committee. In fact, it was submitted on October 23 and it does, in its first section, include significant text from the Irish blasphemy statute. If Irish Catholics enacted it into law, it must surely be acceptable, right? Not by my standards!

The quote below comes from page 11 of the following document: A/HRC/13/55, the report of the Ad Hoc Committee on the Elaboration of Complementary Standards. [The link in the UN document system is broken.] Since the pdf is a scanned image, I used Softifree OCR to convert it to text. I have attempted to edit errors introduced by the conversion process but have left original spelling and syntax intact.I have added bold font emphasis to identify the purloined prose.


Friday, 23-10-2009 PM

'l`he Chair opened the sixth meeting on Friday, 23 October 2009 in the afternoon, explaining that further consultations were necessary before the Programme of Work could be adopted, The agreement to continue discussion of issues put forward in alphabetical order as recorded in the draft programme of work not yet adopted was therefore extended. Accordingly, the meeting considered the issue of "discrimination based on religion or belief."

c) Discrimination based on religion or belief.

Pakistan, on behalf of the OIC, made the following proposal of text:
  1. States Parties shall prohibit by law the uttering of matters that are grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents to that religion.
  2. States Parties must enact legal prohibitions on publication of material that negatively stereotypes, insults, or uses offensive language on matters regarded by followers of any religion or belief as sacred or inherent to their dignity as human beings, with the aim of protecting their fundamental human rights.
  3. States Parties shall prohibit public insults and defamation of religions, public incitement to violence, threats against a person or a grouping of persons on the grounds of their race, colour, language, religion, nationality, or national or ethnic origin.
  4. States Parties shall provide, within their respective legal and constitutional systems, adequate protection against acts of hatred, discrimination, intimidation, and coercion resulting from defamation of religions, and incitement to religious hatred in general, and take all possible measures to promote tolerance and respect for all religions and beliefs.
  5. States Parties shall penalize public expressions with racist aims, or of an ideology which claims the superiority of or, or which deprecates or denigrates, a grouping of persons on the grounds of their race, colour, language, religion, nationality, or national or ethnic origin, and enact legal prohibitions on offences in which religious motives are aggravating factors.
  6. States Parties shall apply and reinforce existing laws in order to combat and deny impunity for all manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against national or ethnic, religious and linguistic minorities and migrants and the stereotypes applied to them, including on the basis of religion of or belief .



The following quote is from page 26 of the Irish statute.
(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
(a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any
religion, thereby causing outrage among a substantial number of the adherents of that religion
, and
(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
Of course, there is a little detail which the authors do not tell us about, and which the OIC did not plagiarize: defenses to the charge.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would
find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
(4) In this section “religion” does not include an organisation or cult—
(a) the principal object of which is the making of profit, or
(b) that employs oppressive psychological manipulation—
(i) of its followers, or
(ii) for the purpose of gaining new followers.
The egregious element of subjectivity stands out in both documents. How do you define and measure "grossly abusive or insulting"? How do you define, measure and establish the existence of "genuine literary, artistic, political, scientific, or academic value"? How do you establish intent? Is any nation likely to include, in similar legislation, clearly defined and provable offenses & defenses?

Re-read the second item in Pakistan's list. Where did they get the notion of "negative stereotypes"? Last October, our State Department and Egypt cosponsored the Freedom of Opinion and Expression resolution. [A/HRC/12/L.14/Rev.1]

Recognizes the positive contribution that the exercise of the right to freedom of expression, particularly by the media, including through information and communication technologies such as the Internet, and full respect for the freedom to seek, receive and impart information can make to the fight against racism, racial discrimination, xenophobia and related intolerance and to preventing human rights abuses, but expresses regret at the promotion by certain media of false images and negative stereotypes of vulnerable individuals or groups of individuals, and at the use of information and communication technologies such as the Internet for purposes contrary to respect for human rights, in particular the perpetration of violence against and exploitation and abuse of women and children, and disseminating racist and xenophobic discourse or content; [Pg. 7, ¶'9]

Boilerplate in previous resolutions expressed concern about "defamation". President Obama prefers "negative stereotyping" to "defamation". The OIC can reluctantly drop its demand for the "defamation" clause, Obama can claim victory, and we loose our freedom of expression.

Lets make a close examination of the proposal to censor critics of Islam.
  • grossly abusive or insulting
  • causing outrage
  • a substantial number
  • matters regarded by followers of
    • any religion or belief
    • sacred or inherent to their dignity
  • aim of protecting their fundamental human rights
  • insults and defamation
  • incitement to violence
  • promote tolerance and respect for all religions and beliefs
  • public expressions with racist aims
Is highly refined abuse or insult permissible under the proposed legislation? How does one determine the difference between gross and refined insult?
By what standard is outrage to be established? What constitutes a substantial number?

Sanctity is in the mind of the believers? Why is it not defined by the contents of sacred texts? How are we to know what everyone considers sacred to their dignity? In what charter is the right to be shielded from all potential offense established and enshrined as a fundamental human right?

What constitutes incitement to violence? According to Ban Ki-moon, Fitna is incitement to violence.. The only incitement in the video comes from the Qur'an and Imams. By the UN standard, exposing incitement constitutes incitement.

They are demanding that governments promote tolerance and respect for Islam, which informed and reasonable people consider intolerable because of its intolerance and violence.

How are "racist aims" to be defined and measured? Islam is not a race, it afflicts members of several races. Islam began as a manifestation of Arab supremacism.

One glaring defect stands out in the proposal: subjectivity. Muslims are set up as judge & jury; states as executioners. The offense exists because they invented it. We are guilty of it because they say we are. This is a status offense: not being Muslim.

The thirty third ayeh of Surah Al-Ma'idah lists hudud for waging war against Allah. Ibn Kathir's Tafsir defines that term thusly.
(The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. [Emphasis added.]
If you recite a Christian creed, you are guilty of disbelief, opposing and contradicting Islam and may be sentenced to death. The OIC is demanding that the UN and its member states enforce that Islamic law against us. According to Shari'ah, as codified in Reliance of the Traveller, a dhimmi may be killed for several listed offenses including reviling Islam.
O11.10 ...-5- or mentions something impermissible about Allah, the Prophet (Allah bless him and give him peace), or Islam
What is impermissible? The list of acts entailing apostasy includes these items.
O8.7: Acts that Entail Leaving Islam
-4- to revile Allah or His messenger (Allah bless him and give him peace);

-5- to deny the existence of Allah, His beginingless eternality, His endless eternality, or to deny any of His attributes which the consensus of Muslims ascribes to Him (dis: v1);

-6- to be sarcastic about Allah's name, His command, His interdiction, His promise, or His threat;

-7- to deny any verse of the Koran or anything which by scholarly consensus (def: b7) belongs to it, or to add a verse that does belong to it;

-16- to revile the religion of Islam;

Among other things, dhimmis are forbidden to recite scripture aloud and display crosses.
O11.5 ... -6- are forbidden to openly display wine or pork, (A: to ring church bells or display crosses,) recite the Torah or Evangel aloud, or make public display of their funerals and feastdays;
The Ad Hoc Committee is expected to meet in March. We need to send a clear message of rejection to the United States Department of State. This is not an issue amenable to compromise. Our right of free expression must not be abridged! When the protocol is published, we must rise up as one with a loud voice and disrespectfully demand that the President not sign it and the Senate not ratify it.

In the meantime, lovers of liberty have another way to make a clear statement of disrespect and contempt for Islam and demanding effective protection from its evil intentions. The International Qur'an Petition puts the most important evidence before the World Court and prays for injunctive relief. Please sign it and exhort everyone you can hope to influence to sign it and share it with their friends. We must not allow the lamp of liberty to be extinguished forever.

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My Favorite Speeches and Other Items of Interest

  • George Bush's March 28, 2007 Discusses Economy, War on Terror During Remarks to the National Cattlemen's Beef Association;http://www.whitehouse.gov/news/releases/2007/03/20070328-2.html
  • Mitch McConnell's March 15, 2007 Funding For Troops, Not Timelines for Retreat; http://mcconnell.senate.gov/record.cfm?id=270747&start=1
  • Ronald Reagan's June 12, 1987 Tear Down This Wall Speech; http://www.reaganfoundation.org/reagan/speeches/wall.asp
  • Vice President Cheney's March 12, 2007 Remarks at the AIPAC 2007 Policy Conference; http://www.whitehouse.gov/news/releases/2007/03/20070312.html

Winston Churchill Quotes

  • A prisoner of war is a man who tries to kill you and fails, and then asks you not to kill him.
  • Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement.
  • Although prepared for martyrdom, I preferred that it be postponed.
  • Attitude is a little thing that makes a big difference.
  • Battles are won by slaughter and maneuver. The greater the general, the more he contributes in maneuver, the less he demands in slaughter.
  • Danger - if you meet it promptly and without flinching - you will reduce the danger by half. Never run away from anything. Never!
  • I always seem to get inspiration and renewed vitality by contact with this great novel land of yours which sticks up out of the Atlantic.
  • I am an optimist. It does not seem too much use being anything else.
  • I have nothing to offer but blood, toil, tears and sweat.
  • I like a man who grins when he fights.
  • I was only the servant of my country and had I, at any moment, failed to express her unflinching resolve to fight and conquer, I should at once have been rightly cast aside.
  • If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time-a tremendous whack.
  • In war as in life, it is often necessary when some cherished scheme has failed, to take up the best alternative open, and if so, it is folly not to work for it with all your might.
  • It is no use saying, 'We are doing our best.' You have got to succeed in doing what is necessary.
  • Moral of the Work. In war: resolution. In defeat: defiance. In victory: magnanimity. In peace: goodwill.
  • Never in the field of human conflict was so much owed by so many to so few.
  • Never, never, never give up.
  • No folly is more costly than the folly of intolerant idealism.
  • One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!
  • Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.
  • Success is not final, failure is not fatal: it is the courage to continue that counts.
  • The first quality that is needed is audacity.
  • The nose of the bulldog has been slanted backwards so that he can breathe without letting go.
  • The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
  • There is no such thing as public opinion. There is only published opinion.
  • These are not dark days: these are great days - the greatest days our country has ever lived.
  • They are decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.
  • True genius resides in the capacity for evaluation of uncertain, hazardous, and conflicting information.
  • Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival.
  • War is a game that is played with a smile. If you can't smile, grin. If you can't grin, keep out of the way till you can.
  • War is mainly a catalogue of blunders.
  • We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.
  • We shall draw from the heart of suffering itself the means of inspiration and survival.
  • When the eagles are silent the parrots begin to jabber.
  • When you are winning a war almost everything that happens can be claimed to be right and wise.
  • You have enemies? Good. That means you've stood up for something, sometime in your life.

Ronald Reagan Quotes

  • "The trouble with our liberal friends is not that they're ignorant: It's just that they know so much that isn't so."
  • Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
  • All the waste in a year from a nuclear power plant can be stored under a desk.
  • Approximately 80% of our air pollution stems from hydrocarbons released by vegetation, so let's not go overboard in setting and enforcing tough emission standards from man-made sources
  • Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!
  • Concentrated power has always been the enemy of liberty.
  • Double, no triple, our troubles and we'd still be better off than any other people on earth. It is time that we recognized that ours was, in truth, a noble cause.
  • Facts are stupid things.
  • Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
  • Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
  • Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.
  • Governments tend not to solve problems, only to rearrange them.
  • History teaches that war begins when governments believe the price of aggression is cheap.
  • How can a president not be an actor?
  • How do you tell a communist? Well, it's someone who reads Marx and Lenin. And how do you tell an anti-Communist? It's someone who understands Marx and Lenin.
  • I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.
  • I will stand on, and continue to use, the figures I have used, because I believe they are correct. Now, I'm not going to deny that you don't now and then slip up on something; no one bats a thousand.
  • In Israel, free men and women are every day demonstrating the power of courage and faith. Back in 1948 when Israel was founded, pundits claimed the new country could never survive. Today, no one questions that. Israel is a land of stability and democracy in a region of tryanny and unrest.
  • Let us ask ourselves; "What kind of people do we think we are?".
  • Man is not free unless government is limited.
  • My philosophy of life is that if we make up our mind what we are going to make of our lives, then work hard toward that goal, we never lose - somehow we win out.
  • No mother would ever willingly sacrifice her sons for territorial gain, for economic advantage, for ideology.
  • Of the four wars in my lifetime, none came about because the U.S. was too strong.
  • Our forbearance should never be misunderstood. Our reluctance for conflict should not be misjudged as a failure of will. When action is required to preserve our national security, we will act.
  • Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.
  • Some people wonder all their lives if they've made a difference. The Marines don't have that problem.
  • The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas - a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
  • The United Sates has much to offer the third world war.
  • There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.
  • To paraphrase Winston Churchill, I did not take the oath I have just taken with the intention of presiding over the dissolution of the world's strongest economy.
  • Today we did what we had to do. They counted on America to be passive. They counted wrong.
  • We are never defeated unless we give up on God.
  • We have the duty to protect the life of an unborn child.
  • We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
  • We will always remember. We will always be proud. We will always be prepared, so we will always be free.
  • Within the covers of the Bible are the answers for all the problems men face.
  • You know, if I listened to Michael Dukakis long enough, I would be convinced we're in an economic downturn and people are homeless and going without food and medical attention and that we've got to do something about the unemployed.

Eleanor Roosevelt Quotes

  • No one can make you feel inferior without your consent

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