Germany’s Nazi Exception: Constitutional Court OKs Curtailing of Free Speech
SPIEGEL ONLINE INTERNATIONAL: Germany's constitution strongly and explicitly protects the freedom of speech. Still, the country's highest court has now said that -- given the injustice and horrors of the Nazi regime -- it is constitutional to make an exception that bans speech glorifying Hitler's ideology.

Wunsiedel is a small town of about 10,000 in the northeastern corner of Bavaria. Every year, on one particular day, this otherwise sleepy town is on high alert. In late August, thousands of people come here from all over Germany and abroad. Dressed in black, these neo-Nazis come to march in commemoration of Rudolf Hess, the Hitler deputy and convicted war criminal who has been buried here since 1987.

Some of the locals board up their houses and get out of town. Others bring banners to protest the parade and even block it with vehicles used for transporting liquid manure. In 2004, the town's mayor, Karl-Willi Beck, launched a campaign called "Wunsiedel is colorful, not brown." Together with town councilors, church officials and citizens, he tried to block the streets. A group of skinheads insulted him as a "traitor to his fatherland" and a "grave desecrator." The neo-Nazis threatened to run him out of town.

But, since 2005, he hasn't had to deal with the crowds. In that year, the Bundestag, the lower house of Germany's federal parliament, passed an amendment that strengthened the legal article dealing with incitement to hatred. Otto Shily, who was Germany's interior minister at the time, said that it was done "in solidarity with the democratic public of Wunsiedel." The amendment was meant to make it easier to outlaw neo-Nazi commemorative marches in Wunsiedel and elsewhere. The amendment worked. And, last year, the Federal Administrative Court confirmed the decision upholding a ban on such assemblies based on the new law.

Still, Jürgen Rieger, the recently deceased Hamburg-based lawyer and neo-Nazi who organized the Hess commemorations, was determined to keep marching. To do so, he placed his hope in Germany's Federal Constitutional Court, based in Karlsruhe. Sure, the judges had already dismissed a number of Rieger's expedited motions. But, in this case, they had expressly determined that the new ban "raised a series of difficult constitutional issues." However, they also felt that these were not the type of questions that could be dealt with in expedited proceedings. Challenging the Amendment >>> Dietmar Hipp | Wednesday, November 18, 2009

UN Anti-Blasphemy Resolution Curtails Free Speech
FOX NEWS: Religious groups and free-speech advocates are banding together to fight a United Nations resolution they say is being used to spread Sharia law to the Western world and to intimidate anyone who criticizes Islam.

The non-binding resolution on “Combating the Defamation of Religion” is intended to curtail speech that offends religion -- particularly Islam.

Pakistan and the Organization of the Islamic Conference introduced the measure to the U.N. Human Rights Council in 1999. It was amended to include religions other than Islam, and it has passed every year since.

In 2005, Yemen successfully brought a similar resolution before the General Assembly. Now the 192-nation Assembly is set to vote on it again.

The non-binding Resolution 62/145, which was adopted in 2007, says it “notes with deep concern the intensification of the campaign of defamation of religions and the ethnic and religious profiling of Muslim minorities in the aftermath of 11 September 2001.”

It “stresses the need to effectively combat defamation of all religions and incitement to religious hatred, against Islam and Muslims in particular.”

But some critics believe the resolution is a dangerous threat to freedom of speech everywhere.

The U.S. government mission in Geneva, in a statement, told the U.N. Human Rights Council in July that “defamation-related laws have been abused by governments and used to restrict human rights” around the world, and sometimes Westerners have been caught in the web.

Critics give some recent news events as examples of how the U.N. "blasphemy resolution" has emboldened Islamic authorities and threatened Westerners:

-- On Oct. 3 in Great Britain, three men were charged for plotting to kill the publisher of the novel "The Jewel of Medina," which gives a fictional account of the Prophet Muhammad and his child bride. FOXNews.com reported U.S. publisher Random House Inc., was going to release the book but stopped it from hitting shelves after it claimed that “credible and unrelated sources” said the book could incite violence by a “small, radical segment.”

-- An Afghan student is on death row for downloading an article about the role of women in Islam, FOXNews.com also reported.

-- In December 2007 “a court reportedly sentenced two foreigners to six months in prison for allegedly marketing a book deemed offensive to Aisha, one of the Prophet Muhammad's wives,” the U.S. government said.

-- A British teacher was sentenced to 15 days in jail in Sudan for offending Islam by allowing students to name the class teddy bear Muhammad in November 2007.

-- In February 2007 in Egypt an Internet blogger was sentenced to four years in prison for writing a post that critiqued Islam.

-- In 2004, Dutch filmmaker Theo Van Gogh was murdered after the release of his documentary highlighting the abuse of Muslim women. U.N. Anti-Blasphemy Resolution Curtails Free Speech, Critics Say >>> By Jennifer Lawinski | October 3, 2008

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