CRITICISING RELIGIOUS BELIEFS COULD BE MADE ILLEGAL

by diamondblue1974 34 Replies latest social current

  • diamondblue1974
    diamondblue1974
    In the UK, if someone attacks you with a fist, you can defend yourself with a fist, or with absolutely anything that comes to hand or was avaialble IF you can convince the jury you thought your life was at risk. If they have a knife, you can use a knife, or with absolutely anything that comes to hand or was avaialble IF you can convince the jury you thought your life was at risk. If they have a gun, then you can use thermonuclear weapons on them IF you can convince the jury you thought your life was at risk.

    I agree on this point; the whole law of self defence and the idea of reasonable force is built around proportionality and necessity, whilst it isnt neccesary to convince a jury that your life was a risk you only need to demonstrate that you were trying to prevent physical harm or a crime from taking place. (s.3 Criminal Law Act 1967) or if you read further you could use reasonable force to assist in or effect an arrest of someone who is suspected of or has committed an offence.

    The most controversial case is that of Anthony Martin who shot a burgular (in the back) because he thought (mistakenly) that his life was in danger; the court found that his actions were disproportionate in the circumstances and was not reasonable force, just because he didnt realise that it wasnt reasonable force (given the burgular was retreating and presented no further threat to him) is not a defence under UK law; this would open the floodgates for people to act disproportionately and be able to claim that they thought they were in danger when they were not.

    I do see the injustice in the Martin case, (thought I had better clear that up before I am linched ) and perhaps given his mental health problems he should have claimed diminished responsibility as his defence but no doubt there are complexities which would have caused him not to choose this as a defence.

    DB74

  • Abaddon
    Abaddon

    I'm not impressed by his opinion; and as similar laws have not resulted in the sliding slope scenario he paints, I find his opinion unfounded. But that's just my opinion

  • logical
    logical

    History is repeating itself. We are going back to the dark ages, where those who spoke out against injustice and evil were burned.

  • Max Divergent
    Max Divergent

    Most Australian jurisdictions already have similar laws and no apostates have yet been sent to the gulag! It's Ok to critsise, but inciting hatred is a way differnt thing. .

    The US has a different outlook prefering to give more weight to individual rights than the consequences of conduct.

  • donkey
    donkey

    This is just silliness. More European social engineering at work...blah!!!

    Why do the PC leftists discourage candor? When these religious whackos (include xian idiots too) use their religious holy books to spout condemnation on non believers they remain protected under "religious freedom".

    The world has turned into a bunch of "protect the muslim" fairies. While Newbleak was publishing its story about the US flushing pieces of the Koran down the toilet (good place for all holy books IMO) and all the world was up in arms over this where have the protestors been when countries like Saudi Arabia have arrested people for the crime of "being Christian"? Where have the the nutty muslims that were killing people in protest over Newsbleak lies been? Oh yes they have been SILENT!!

    Face it the world is better off without religion. Criticize it and obliterate it with free speech....it's the only way to get rid of Christian Crackpots, Muslim Morons and Whacko Witches!!! If I call for the obliteration of religion - is that hate speech? If it is tell yourself "Donkey hates me"....while I nod my head and look at you. No time for silly people!!!!

    Will Britain ban the works of Richard Dawkins as hate speech now? Will they prevent publication of his new book (which really shoves religion in the eye)?

  • Abaddon
    Abaddon

    This is getting funnier and funnier...

    Can anyone tell me where it says people have the right to incite another person to break the law?

    How can a freedom be a freedom if by exercise of it it infringes another's freedom?

    I don't neccesarily want a clever answer, or even a 'right' answer, but someone actually focusing on those issues would be kind of fun.

    Now, to emphasize, this law exists but in a way where only religous groups with a strong racial identity have that protection, namely Jews or Seikhs.

    This is patently absurd; I could be a Seikh or a Jews if I so wished; both traditons accept converts. Jews are not even that clearly defined a racial group coming as they do from several different racial groups.

    Yet these religious groups have protection. I cannot legally publish a sentence like;

    "Jews and Seikhs are evil criminals conspiring to control the world and must be controlled by any means neccesary, even if that means violence".

    However, I can legally say;

    "Muslims and Christians are evil criminals conspiring to control the world and must be controlled by any means neccesary, even if that means violence".

    All this law does is redress the imbalance. And it can be applied as neatly to mad Muslim Mullahs with an eyepatch and a hook (no, I'm not making that up) who preach violence against Christians, as to ignoramouses who preach violence against Muslims.

    I am no big fan of the Blair government, but this statement is fair and backed by the evidence;

    http://www.ekklesia.co.uk/content/news_syndication/article_04126blac.shtml

    ... a Home Office spokeswoman defended the Bill, insisting it would not interfere with the right to free speech.

    She said: ?There is a clear difference between criticism of a religion and the act of inciting hatred against members of a religious group.

    ?The incitement offences have a high criminal threshold and prosecutions require the consent of the Attorney General.

    ?There has not been a widespread sense that the existing offence has interfered with free speech and we are confident that an offence of incitement to religious hatred will not do so either.?

    (highlights mine)

    As I said earlier, the sliding slope scenario presented by some HAS NOT happened with existing laws that apply to other groups.

    Stupid prosecutions by moronic members of the public COULD NOT happen, as only THE Attorney General can bring prosecutions unde this law. In the UK we only have one, and as it is an appointed office we don't have some political whore making stupid prosecutions for publicity for their re-election campaign.

    donkey

    This is just silliness. More European social engineering at work...blah!!!

    I know, it's terrible. We Europeans want to dismantle the public health systems and start paying private ones so they can make money on our illness, and we don't want to be assured of an income in the face of protracted illness or unemployment. If only we had the freedom to not afford health care if we didn't have it as part of our job, and the freedom to be financially destroyed if we were out of work or ill for a long time!

    Why do the PC leftists discourage candor? When these religious whackos (include xian idiots too) use their religious holy books to spout condemnation on non believers they remain protected under "religious freedom".

    If you'd acquainted yourself with the facts that are available you wouldn't need to ask this question. This law cuts religious whackos FAR MORE than secular humourists.

    The world has turned into a bunch of "protect the muslim" fairies.

    Oh, and there was me thinking the idea was to protect the innocent, regardless of their beliefs or race...

    While Newbleak was publishing its story about the US flushing pieces of the Koran down the toilet (good place for all holy books IMO)

    Oh, I did think it was funny; 'oh no, they flushed a Qu'ran!'. I thought people would have objected more to prisoners being smeared with menstural blood and sodomised with broomsticks far more than flushing a book.

    and all the world was up in arms over this where have the protestors been when countries like Saudi Arabia have arrested people for the crime of "being Christian"?

    I'd suggest you talk to your Congressperson and encourage a withdrawl of all aid and political support from all countries that violated human rights. Unfortunately, in common with (for example) the British government, the US government has a very poor track record when it comes to withdrawing aid or political support from countries that violate human rights, like Saudi Arabia, as they put their country's strategic interests above human rights in the countries they get some strategic benefit from.

    Face it the world is better off without religion. Criticize it and obliterate it with free speech....it's the only way to get rid of Christian Crackpots, Muslim Morons and Whacko Witches!!!

    This speech is protected. No incitement to hate.

    If I call for the obliteration of religion - is that hate speech?

    That might be seen as hate speech if in context it was felt that your intent was to get people to take the law into their own hands, or if you were obviously advocating violently stopping people from exercising the religion of their choice.

    Will Britain ban the works of Richard Dawkins as hate speech now? Will they prevent publication of his new book (which really shoves religion in the eye)?

    No. Now you're being silly. Shoving one in the eye is fine. Shoving one in the eye and summing up with 'so, burn down your local church' is not fine.

  • AlanF
    AlanF

    Well I guess I'll have to think about your comments, Abaddon. But I'm still extremely uncomfortable with the idea that someone else -- a judge, jury, whatever -- can decide what my intent might have been. Under the pressure of extreme circumstance, people themselves might not know their own intent. They might not have even had an intent, but were acting purely by instinct. But if in practice, European judges and juries have the sense not to allow the excesses so often seen in American courts, then it may be a good law. Time will tell. I do agree that true incitement to hatred shouldn't be allowed, because we know from history what it can do.

    AlanF

  • hillary_step
    hillary_step

    Abbadon,

    Your arguments are compelling and reflect my own viewpoints entirely.

    Alan,

    But if in practice, European judges and juries have the sense not to allow the excesses so often seen in American courts, then it may be a good law.

    US lawmakers are far more politically influenced than their European peers. I think this overly symbiotic relationship is at the root of many US legal insanities and why I too would be worried if the US tried to define this law outside of what is reasonably acceptable.

    An 'incitement to hate law' is not a new thing in Europe and in the US I think it is known as the 'fighting words' law and has been a matter of institution for many years. Abbadon stated these laws were not developed to curtial even vigorous criticism, but to redefine the boundary between those who cross the line between words an action. A person may incite another for example, to burn an IRS inspectors house to the ground without ever doing so themselves, but reason tells us they are as guilty as if they started the fire themselves.

    I think that you are quite right that it is a law which is very easily open to abuse in interpretation.

    Donkey,

    Will Britain ban the works of Richard Dawkins as hate speech now? Will they prevent publication of his new book (which really shoves religion in the eye)?

    Despite Abbadon's brave attempts at clarifying the difference between the incitement to *hate* and the ability to vigorously criticise, you do not seem to have seen this point, which lies at the very crux of the matter. Dawkins is a vigorous critic of religion, but as yet I have never heard or read anything that could remotely be described as an 'incitement to hate'.

    Best regards - HS

  • Abaddon
    Abaddon

    The more I think about it the more I think some of the reaction is due to the differences in legal systems. Ours is not perfect, by any stretch, but thus far existing hate speech laws have not been abused.

    As current legislation works, and hate speech is obviously NOT a protected right, and is as criminal as any incitement to crime, extending the same laws to religious groups is not a bad idea.

    But given the rather capricious legislative environment in the US, I can understand why it makes your hackles go up.

  • frankiespeakin
    frankiespeakin

    I just think religion should not be singled out like this it only blurs mater. Hate speach that causes some follower to burn down someones house should be prosecuted irreguardless of if religion came into the mix or not.

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