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“U.S. Sponsors Plan to Restrict Free Speech”
by WND - Bob Unruh   
October 20th, 2009

Joins Egyptians in proposal to United Nations Human Rights Council

A proposal sponsored by the Obama administration at the United Nations that purports to seek protection for "freedom of opinion and expression" actually is a call for a worldwide crackdown on freedom of speech and a mandate for nations to ensure "that relevant national legislation complies with … international human rights obligations" – a clear threat to the First Amendment, according to critics.

The resolution was submitted recently by the United States and Egypt. It was approved by the U.N. Human Rights Council as a first step in its process through the international organization.

It demands that all nations condemn and criminalize "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence."

Steven Groves of the Heritage Foundation told WND the issue is not about free speech at all but about installing international precedents to stifle any criticism of Islam.

Groves has written for the Heritage Foundation on the issue, citing the demands from members of the Organization of Islamic Conference

that national legislatures pass laws to ensure protection against "defamation of religions."

"Such a ban … could not withstand legal scrutiny in the United States," he wrote. "The First Amendment to the U.S. Constitution protects free speech and expression, even when speech is offensive or insulting. Moreover, a religious 'speech code' would disrupt the assimilation of religious minorities that has occurred throughout U.S. history and could breed resentment rather than understanding among America's religious communities."

He also cited the need for the U.S. to oppose strongly any such move, "given the penchant of some federal judges – including justices on the U.S. Supreme Court – to rely on the decisions and opinions of international courts and organizations."

Jay Sekulow, chief counsel of the American Center for Law and Justice as well as the European Centre for Law and Justice, which has been involved in fighting "defamation of religion" plans at the U.N., said the "free speech" resolution itself "incites discrimination."

"The proclamation of the Gospel in Muslim countries has been called incitement of religious discrimination," he told WND. "The U.S. backing of this is a mistake. The Universal Declaration of Human rights protects free speech.

"I am very concerned the U.S. is co-authoring something like this," he said.

Sekulow cited the wording in several parts of the proposal, which was reported widely by other media at the time of its adoption by the U.N.'s Human Rights Council in stories that cited almost exclusively the "free speech" concept.

But Sekulow noted the proposal also raises "concern that incidents of racial and religious intolerance, discrimination and related violence, as well as of negative stereotyping of religions and racial groups continue to rise around the world, and condemns, in this context, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and urges states to take effective measures, consistent with their international human rights obligations, to address and combat such incidents."

Likewise, in paragraph 6, the U.N. writing stresses "that condemning and addressing, in accordance with international human rights obligations, including those regarding equal protection of the law, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is an important safeguard to ensure the enjoyment of human rights and fundamental freedoms of all, particularly minorities."

The U.N. General Assembly has approved a "defamation of religious" resolution in each of the three sessions from 2005 to 2007. The text always has been similar, and it always has had major support from Islamic nations with opposition from Western democracies, including the U.S.

Groves' evaluation noted that even "offensive speech and expression" is protected by the U.S. Constitution except in narrow areas such as obscenity and libel.

"Blasphemy, sacrilegious statements, and any other speech or expression that insults or denigrates organized religion is, for better or worse, protected by the First Amendment," he wrote.

Online critics of the administration were alarmed that it now is the United States pursuing a plan that would protect "freedom of opinion and expression" by cracking down on statements critical of issues, groups or religions.

In a column published on Europe News, Robert Spencer of JihadWatch wrote that while reducing "advocacy of national, racial or religious hatred" sounds like a good idea, there is plenty wrong with it.

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