Here’s an explosive combination: The democratic demand for freedom of speech and the equally emotionally laden demand that sincerely held religious beliefs not be subjected to indiscriminate insults and scorn.
Religiously speaking, we’re talking about blasphemy, an issue contemporary Westerners are apt to believe is more of a concern in Muslim communities and highly autocratic nations such as Russia — and which they would be correct to conclude.
Journalistically and artistically speaking, we’re talking about the magazine Charlie Hebdo and the novelist Salman Rushdie. Both were victims of blasphemy charges by Muslim. The former ended in horrific violence.
Now, Foreign Policy magazine — on the occasion of the Hebdo attacks fourth anniversary, and the 30th anniversary of the blasphemy fatwa issued against Rushdie by Iran’s revolutionary leader Ayatollah Khomeini — has published an intriguing analysis piece on this issue. It ran under this headline:
30 Years After the Rushdie Fatwa, Europe Is Moving Backward.
Blasphemy laws have been given new life on the continent.
Here’s a hefty chunk of the Foreign Policy essay.
But despite the unanimous rhetorical support for free speech after Charlie Hebdo, blasphemy bans have become more firmly anchored in some parts of the continent in recent years. In a recent case, the European Court of Human Rights even reaffirmed that European human rights law recognizes a right not to have one’s religious feelings hurt. The court based its decision on the deeply flawed assumption that religious peace and tolerance may require the policing rather than the protection of “gratuitously offensive” speech. Accordingly, it found that Austria had not violated freedom of expression by convicting a woman for having called the Prophet Mohammed a “pedophile.”
Some have argued that the court’s decision was a necessary defense of an embattled Muslim minority vulnerable to bigotry and religious hatred. But laws against religious insult and blasphemy are generally different from hate speech laws—which are problematic in themselves—that purportedly protect people rather than abstract religious ideas and dogmas.