Quote:
Originally Posted by IbnMardhiyah
Jinnz, Legal
Admittedly both of you are in the field of law while I am not, but - my question still remains, despite what you have presented so far.
If these countries are signatories to any UN law that bans hate speech or enforces human rights, then why can't we go to the Hague or the ICC to enforce those laws? And this would be done as a last resort.
Otherwise, if your outreach efforts fail, if your efforts to induce self-introspection fail, then what's your alternative? You're not in any capacity to make war to defend the dignity of God and His Messenger, so why not utilize existing laws to show people you mean business? Otherwise they'll laugh at your outreach failures and continue making fun.
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I'm not aware if the US is a signatory to any UN law that bans hate speech.
Courts in the US would probably never issue an injunction against newspapers for printing caricatures like the Danish cartoons unless there was an overriding governmental interest on the level of a national security interest (such as releasing classified information). The cartoons are artistic expressions and a court would caution itself from restricting speech that, albeit hateful, is necessary to the public discourse. If the speeches called upon Muslims to be executed or raped, then it would transgress that boundary and fall into the category of inciteful speech and could thus be regulated.
The legal system should be the last resort for our community, we should exhaust alternative remedies. If these cartoons are calling the Prophet (sallahu alayhi wa sallam) a terrorist, then instead of banning that speech and antagonizing people and coming off as a bunch of fascists who hate freedom and criticism, we should just organize events that high light his true personality.
You don't fight fire with fire, you fight fire with water.