Europe’s War On Free Speech

Many years ago I met Elisabeth Sabaditsch-Wolff at a dinner in Stoughton, Massachusetts (story here). She told her story of being charged with hate speech for teaching a course about Mohammad that included identifying him as a pedophile (story here).

Today, Reason posted an article about a decision by the European Court of Human Rights that most knowledgeable observers recognize as the case of Elisabeth Sabaditsch-Wolff. The title of the article is, “European Court: OK to Criminalize Calling Mohammed a Pedophile.”

The article reports:

The case, decided yesterday by the European Court of Human Rights, is E.S. v. Austria — I assume from the facts and from the initials that this is the Elisabeth Sabaditsch-Wolff case. Here’s the court’s own summary:

Criminal conviction and fine for statements accusing the Prophet Muhammad of paedophilia: no violation

Facts – The applicant held seminars with the title “Basic information on Islam” at the right-wing Freedom Party Education Institute. At one such seminar, referring to a marriage which Muhammad had concluded with Aisha, a six-year old, and consummated when she had been nine, she stated inter alia “[Muhammad] liked to do it with children”, “the thing with Aisha and child sex” and “a 56-year-old and a six-year-old? What do you call that? Give me an example? What do we call it, if it is not paedophilia?”

In 2011, as a result of these statements, the applicant was convicted of disparagement of religious precepts pursuant to Article 188 of the Criminal Code. She was sentenced to pay a fine of EUR 480, or serve 60 days of imprisonment in the event of default.

The domestic courts made a distinction between child marriages and paedophilia. In their opinion, by accusing Muhammad of paedophilia, the applicant had merely sought to defame him, without providing evidence that his primary sexual interest in Aisha had been her not yet having reached puberty or that his other wives or concubines had been similarly young. In particular, the applicant had disregarded the fact that the marriage with Aisha had continued until the Prophet’s death, when she had already turned eighteen and had therefore passed the age of puberty.

The thing to remember here is that there is no regard for truth here.  What Ms. Sabaditsch-Wolff said about Mohammad is true, but according to Sharia Law, any speech that a Muslim does not like can be considered slander. In a country under Sharia Law, you can be executed for slander. Is Europe moving toward a Sharia Law definition of slander by calling it hate speech? In America we have the First Amendment (at least for now). We need to protect our First Amendment rights because they are somewhat unique–even in the western world. In Britain and Canada pastors have been charged with hate speech for quoting the Bible on such issues as homosexuality. Their pastors are not free to share the Bible in its entirety. In America we need to make sure we elect leaders who will abide by the Constitution and protect free speech.

I strongly suggest you follow the link above to read the entire article at Reason. The thought that you can go to prison for telling the truth is chilling.