The reality is more complex than this op-ed suggests. The resolution included language that could be interpreted differently by different sides in the debate. Islamic countries have been pressing for years to introduce the conept of "defamation of religion" into international law. The UN Human rRghts Council resolution (co-sponsored by the US and Egypt) does NOT use this term. Instead it speaks of racial and religious stereotyping of individuals that incites discrimination or violence. This is a concept something like that in US hate crimes laws. The crucial distinction is that religions, as opposed to individuals, do not have rights against defamation. (This is also complicated by the fact that earlier drafts of the resolution at one point referring to stereotyping used the term "religon" in one place where it should have used "religious".) More information is at this post on Religion Clause (which has been updated to reflect the later draft that uses the term "religious" correctly): http://religionclause.blogspot.com/2009/10/cns-news-reports-that-on-friday-united.html ************************************* Howard M. Friedman Disting. Univ. Professor Emeritus University of Toledo College of Law Toledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: howard.fried...@utoledo.edu *************************************
________________________________ From: religionlaw-boun...@lists.ucla.edu on behalf of Scarberry, Mark Sent: Thu 10/22/2009 3:36 AM To: Law & Religion issues for Law Academics Subject: Jonathan Turley op-ed about US acceptance of limitation on free expression for negative religious stereotyping http://blogs.usatoday.com/oped/2009/10/column-just-say-no-to-blasphemy-laws-.html This appears to be a disastrous decision by an Obama administration that very much should know better. Mark Scarberry Pepperdine cross posted to conlawprof
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