With little fanfare, the EU adopted new legislation this week that makes “certain forms and expressions of racism and xenophobia” criminal offenses — and allows individual EU nations to prosecute the citizens of other nations for those offenses. And no, it’s not European anti-Americanism that’s being targeted by the xenophobia provisions. Advocates of free speech in Europe are quite clear that what the new law will criminalize is analytical, factual, or hortatory discussion of Islam and Sharia by non-Muslims.
And it gets worse:
The intellectual basis for her certainty (or the judge’s, for that matter) is not the issue here, nor should it be. The issue is that she is being prosecuted for forensic, critical investigation of Islam: for advancing opinions we hear argued nightly on American TV talk shows. The most basic of intellectual freedoms — attributing facts to sources and expressing opinions about them — is in the process of being criminalized in parts of the EU. Free-speech advocates fear that the new Framework Decision on Racism and Xenophobia will spread this trend toward criminalization across borders throughout Europe. They are justified in their concern.
The intellectual basis for her certainty (or the judge’s, for that matter) is not the issue here, nor should it be. The issue is that she is being prosecuted for forensic, critical investigation of Islam: for advancing opinions we hear argued nightly on American TV talk shows. The most basic of intellectual freedoms — attributing facts to sources and expressing opinions about them — is in the process of being criminalized in parts of the EU. Free-speech advocates fear that the new Framework Decision on Racism and Xenophobia will spread this trend toward criminalization across borders throughout Europe. They are justified in their concern.
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