Whose Speech is Hate Speech?

“You must destroy the West”

By Robert Spencer

“You must destroy the West” — so said a speaker at a recent conference in London.

The conference featured Islamic leaders openly calling for the overthrow of the British government and the establishment of an Islamic state in Britain — under the noses of British authorities who, just days before the conference, had announced a new crackdown against “http://www.wvwnews.net/story.php?id=5639” and “extremist” preaching. The episode was instructive — or should have been — for proponents of the Fairness Doctrine and “hate speech” laws in the United States.

The conference organizer, http://www.wvwnews.net/story.php?id=5595 10 Downing Street.”

Choudary called on Muslims to dare to take the risks involved in participating in the violent overthrow of the British state. “There are three types of Muslims,” he said: “those in http://www.wvwnews.net/story.php?id=2993 [Islamic law.”Speaking via a live feed from Lebanon, Sheikh Omar Bakri Muhammad, a jihadist leader formerly based in Britain but now barred from returning to that country, exhorted the conference attendees: “Do not obey the British law….We must fight and die for Islam — this is the map and road to Jennah [Paradise.” He praised Osama bin Laden and asserted that Muslims had no obligation to obey secular laws rather than Islamic law.

Ironically, this conference came only two weeks after UK Home Secretary Jacqui Smith announced that the British government was taking new steps to stop “preachers of hate from spreading extremism in our communities.” So would Choudary and the other conference organizers and speakers be arrested? Unlikely: a British Home Office official said that “the new measures…only prevent individuals from coming here and spreading their hate in person.” As such, they “do not cover” this jihadist conference.

Later, the Home Office and London’s Metropolitan Police played hot potato with the conference. A Home Office statement said that it wasn’t their responsibility to determine whether or not any laws had been broken; rather, “it is for the police and the Crown Prosecution Service to investigate any breach of the law,” to which a Police spokesman replied: “It’s the Home Office that makes the laws. If it doesn’t know whether something is against the law, then who does?”

Good question — and one that goes to the heart of the problem with “hate speech laws” in general. Even in the face of the London jihadist conference’s open calls to destroy British society as it is currently constituted and impose Islamic law there, no one is quite sure what constitutes “hate speech” and why hate speech laws are so dangerous. “Hate speech,” like the “fairness” that the Fairness Doctrine promises to establish, is in the eye of the beholder. Hate speech laws, like the Fairness Doctrine, are so vague in their application that law enforcement officials can easily become genuinely befuddled (like the UK’s Home Office) as to what crosses the line and what doesn’t — and that very vagueness can make them a tool in the hands of those in power to silence dissent.

http://europenews.dk/en/node/16035

2008-11-14