<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Oz: logic of &#8220;religious vilification&#8221; laws	</title>
	<atom:link href="https://www.overlawyered.com/2006/08/oz-logic-of-religious-vilification-laws/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2006/08/oz-logic-of-religious-vilification-laws/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Wed, 28 May 2008 16:35:56 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: David Wilson		</title>
		<link>https://www.overlawyered.com/2006/08/oz-logic-of-religious-vilification-laws/comment-page-1/#comment-3863</link>

		<dc:creator><![CDATA[David Wilson]]></dc:creator>
		<pubDate>Wed, 23 Aug 2006 17:04:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=3862#comment-3863</guid>

					<description><![CDATA[Justice Nettle: &quot;Are you saying it&#039;s impossible to incite hatred against a religion without also inciting hatred against people who hold it?&quot; Mr Woinarski: &quot;Yes.&quot;

I don&#039;t completely reject this logic (while reassuring all and sundry that the law in question is absurd as applied), but beyond the obvious free speech issue, it raises perpelexing questions of group versus individual rights. Which Muslims, exactly? Do they all believe the same thing? Couldn&#039;t it be argued that it&#039;s &quot;racist&quot; to assume this (not that I am against generalizations myself)? An element of American due process (say, via the 6th Amendment) is that you&#039;ve got to know who your accusers are. Crimes and torts are committed against real people, and where classes are allowed, they&#039;ve got to meet fairly rigorous standards of factual commonality. Here, it seems to be assumed by a self-appointed religious/ethnic representative group. American law often tracks this in other legal contexts, for example, redistricting cases under the Voting Rights Act where it&#039;s assumed that Hispanics must all want to be represented in Congress by a Hispanic. And it&#039;s a winning argument.

But then the question arises, do ALL groups get similar protection? Now that Hispanics are a majority in several states, are white Americans entitled to districts in which they&#039;re guaranteed a white representative? And down under, are Christians entitled not to be vilified? And so on. Clearly, nobody&#039;s thinking that one through. The presumed motivator here is that Muslims are newcomers, minorities, etc. and thus deserve special protections. But given the West&#039;s purely voluntary decision to allow unfettered immigration into their countries, will that prove a durable principle? And do the tolerant and open-minded members of the current majority in Western nations wonder whether (given the example set by Islamic republics, for instance) the favor would ever be returned?



]]></description>
			<content:encoded><![CDATA[<p>Justice Nettle: &#8220;Are you saying it&#8217;s impossible to incite hatred against a religion without also inciting hatred against people who hold it?&#8221; Mr Woinarski: &#8220;Yes.&#8221;</p>
<p>I don&#8217;t completely reject this logic (while reassuring all and sundry that the law in question is absurd as applied), but beyond the obvious free speech issue, it raises perpelexing questions of group versus individual rights. Which Muslims, exactly? Do they all believe the same thing? Couldn&#8217;t it be argued that it&#8217;s &#8220;racist&#8221; to assume this (not that I am against generalizations myself)? An element of American due process (say, via the 6th Amendment) is that you&#8217;ve got to know who your accusers are. Crimes and torts are committed against real people, and where classes are allowed, they&#8217;ve got to meet fairly rigorous standards of factual commonality. Here, it seems to be assumed by a self-appointed religious/ethnic representative group. American law often tracks this in other legal contexts, for example, redistricting cases under the Voting Rights Act where it&#8217;s assumed that Hispanics must all want to be represented in Congress by a Hispanic. And it&#8217;s a winning argument.</p>
<p>But then the question arises, do ALL groups get similar protection? Now that Hispanics are a majority in several states, are white Americans entitled to districts in which they&#8217;re guaranteed a white representative? And down under, are Christians entitled not to be vilified? And so on. Clearly, nobody&#8217;s thinking that one through. The presumed motivator here is that Muslims are newcomers, minorities, etc. and thus deserve special protections. But given the West&#8217;s purely voluntary decision to allow unfettered immigration into their countries, will that prove a durable principle? And do the tolerant and open-minded members of the current majority in Western nations wonder whether (given the example set by Islamic republics, for instance) the favor would ever be returned?</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
