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We should be protecting the right to religious freedom
This originally appeared in the New York Post on Sept. 1, 2023.
In a now-familiar script, activists engage in well-publicized controversial expression critiquing or disparaging a religion, meeting with global condemnation and outrage, perhaps violence or threats.
Then, parliamentarians, heads of state and religious leaders press for legal changes to ensure that such expression is punished now and forbidden in the future.
Sometimes they fail, and free speech lives to fight another day. But this time theyâve succeeded.
Denmark has collapsed under the pressure, and signaled its intent to criminalize, at minimum, desecration of holy books.
This capitulation isnât just a blow against the right to blaspheme: Denmarkâs leaders have opened the door to greater restrictions on religious and political expression â a door notoriously difficult to shut again once opened.
We wonât make the world less hateful by legislating away its dissenters, and those considering new restrictions on blasphemy should think critically about why governments that regularly silence their critics are such resolute proponents of them.
Danish officials stated their plans to criminalize Koran burnings in late August after a spate of in Denmark and Sweden and increasingly heated protests and with Iraq, Morocco, Turkey and other countries.
On Aug. 25, the announced it âintends to criminalize improper treatment of objects of significant religious importance to a religious community,â specifically singling out the public burning of holy books like the Koran or Bible as an example.
Make no mistake: This is effectively a blasphemy law, one that seeks to shelter religious symbols the Danish government considers sufficiently holy from criticism it deems insufficiently civil.
But in a free, secular society, itâs not the governmentâs role to pick and choose which belief systems deserve protection from grievous offense, and what criticisms against them are âimproper.â
Worse, more than just expression about religion is at risk.
UN Human Rights Council gets it wrong: Prosecuting blasphemy wonât stop religious discord, but it will silence dissent
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Last month, two men stood outside a mosque in Stockholm and proceeded to tear pages out of a Quran and set the book on fire in front of a crowd of onlookers.
The ministry has also suggested when other âcountriesâ and âculturesâ are insulted in a manner that âcould have significant negative consequences for Denmark.â
The announcement is a disappointment, but itâs not exactly a shock amid mounting pressure to criminalize speech â pressure not just from individual politicians across the world, but from global institutions including the United Nations.
By 28 to 12, the UN Human Rights Council in July calling on states to âaddress, prevent and prosecute acts and advocacy of religious hatred.â
The resolution, while non-binding, signaled an for states, including Pakistan and China, that seek to entrench authoritiesâ ability to punish dissenters and codify the stateâs position on religious â and often political â matters, all with the seeming approval of the international human rights community.
Weeks later, the Organization of Islamic Cooperation, a group of 57 member states that is the âcollective voice of the Muslim world,â issued âthe immediate cessation, and criminalizationâ of Koran burning and legal action against online speech insulting religious âinstitutions, holy books and religious symbols.â
What began as a debate over the right to burn a holy book wonât end as such a narrow one.
Between the UNHRCâs demand for prosecution of the vaguely phrased âacts and advocacy of religious hatredâ and the OICâs call for bans on even more vague âinsultsâ to religious institutions and symbols, the global push to censor and prosecute religious offense is growing.
All while the will to protect the right to critique and, yes, even insult religion wanes away.
One personâs act of religious hate is anotherâs political protest â as the many feminists, secularists, educators and LGBT-rights activists who have been censored under blasphemy laws would attest.
Many understandably see book-burning, especially of a holy book, as upsetting and offensive by many.
But what may be advertised as a crackdown on religious âhateâ will inescapably also target dissenting speech against religious bodies that are undeniably large, influential and often explicitly political institutions.
There is no way to impartially ban the allegedly âhatefulâ desecration of a holy item without also forbidding, for example, opponents of Iranâs morality police from or activists from painting on the Virgin Mary.
One personâs act of religious hate is anotherâs political protest â as the many feminists, secularists, educators and LGBT-rights activists who have been censored under blasphemy laws would attest.
Other free nations should see Denmarkâs decision as a cautionary tale, not as a role model.
We wonât make the world less hateful by legislating away its dissenters, and those considering new restrictions on blasphemy should think critically about why governments that regularly silence their critics are such resolute proponents of them.
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