It's Time to Fight Back Against Death Threats by Islamic Extremists
by Ayaan Hirsi Ali and Daniel Huff
Los Angeles Times
September 27, 2010
Earlier this year, after Comedy Central altered an episode of "South Park"
that had prompted threats because of the way it depicted Islam's prophet
Muhammad, Seattle cartoonist Molly Norris proposed an "Everybody Draw
Muhammad Day." The idea was, as she put it, to stand up for the 1st
Amendment and "water down the pool of targets" for extremists.
The proposal got Norris targeted for assassination by radical Yemeni
American cleric Anwar Awlaki, who has been linked to the attempted Christmas
Day bombing of a Northwest Airlines flight and also to several of the 9/11
hijackers. This month, after warnings from the FBI, Norris went into hiding.
The Seattle Weekly said that Norris was "moving, changing her name, and
essentially wiping away her identity."
It's time for free-speech advocates to take a page from the abortion rights
movement's playbook. In the 1990s, abortion providers faced the same sort of
intimidation tactics and did not succumb. Instead, they lobbied for a
federal law making it a crime to threaten people exercising reproductive
rights and permitting victims to sue for damages. The Freedom of Access to
Clinic Entrances Act, or FACE, passed in 1994 by solid bipartisan margins. A
similar act is needed to cover threats against free-speech rights.
A federal law would do two things. First, it would deter violent tactics, by
focusing national attention on the problem and invoking the formidable
enforcement apparatus of the federal government. Second, its civil damages
provision would empower victims of intimidation to act as private attorneys
general to defend their rights.
Such an act is overdue. Across media and geographies, Islamic extremists are
increasingly using intimidation to stifle free expression.
In 2004, Theo van Gogh was butchered on an Amsterdam street in broad
daylight for his film criticizing Islam's treatment of women. By 2006, it
was reported that "dozens of people" across Europe were "in hiding or under
police protection because of threats from Muslim extremists."
Some targets, including the coauthor of this Op-Ed, fled to the United
States, where it seemed safer -- and so it is, for now. However, the stark
truth is the United States was never immune and the situation is
deteriorating.
In 1989, two American bookstores carrying Salman Rushdie's "The Satanic
Verses" were firebombed. Spooked major chains took it off display. And there
have been many more threats that received less publicity. Few have heard,
for example, about Oklahoma atheist Sabri Husibi, who received death threats
after writing a 2009 article critical of his former faith. His aged mother
in Syria was warned she would never see him again. "Clearly shaken," he
requested the paper that published his article clarify that he is critical
of all faiths.
These kinds of threats have had a formidable chilling effect. Mindful of the
retaliation others faced, Yale University Press, the Met, the director of
the disaster epic "2012" and countless others have decided to preemptively
censor themselves.
The kind of legislation we propose is essential if we are to win the war of
ideas against extremists, who use threats to drive the moderate message out
of public discourse.
Existing state laws prohibiting intimidation are inadequate. On the criminal
side, the heightened standard of proof deters prosecutors from investing
scarce resources. Explicit grounds for a civil action do not always exist,
and damages can be difficult to quantify. By contrast, the FACE Act, which
provides the model for the proposed legislation, lets victims opt for preset
damages.
The "South Park" incident neatly illustrates the benefits. On April 15,
following the first of a two-part episode mocking Jesus, Buddha and Muhammad
RevolutionMuslim.com announced that "[w]e have to warn Matt and Trey that
what they are doing is stupid and they will probably wind up like Theo Van
Gogh." The "warning" included the names, photos and work address of "South
Park's" creators, a graphic image of Van Gogh's mutilated body and pictures
of other targets of Muslim extremists. Overlaying this was audio of Awlaki
preaching about assassinating anyone who defamed the prophet. Panicked,
Comedy Central heavily censored the episode.
This rather obvious threat could not be prosecuted. New York Police
Department officials explained it did not rise to a crime. Were the FACE Act
applicable here, a civil suit would have been available, and precedent
suggests it would have been successful.
In 2002, on very similar facts, the U.S. 9th Circuit Court of Appeals upheld
a civil award to abortion doctors who sued using the FACE Act. A fringe
antiabortion group, ACLA, had in various public venues displayed "Wanted
-style posters bearing the names, photos and addresses of doctors who
performed abortions. Their names were also posted on the Internet alongside
a list of wounded and murdered doctors whose names were struck through. The
9th Circuit held that ACLA's activities constituted true threats unprotected
by the 1st Amendment.
If we leave our artists, activists and thinkers alone to weather the assault
they will succumb and we will all suffer the consequences.
Ayaan Hirsi Ali, a former member of the Dutch parliament, is a resident scholar with the American Enterprise Institute and the author of "Nomad: From Islam to America." Daniel Huff is director of the Middle East Forum's Legal Project.
[Non-text portions of this message have been removed]
Milis Wanita Muslimah
Membangun citra wanita muslimah dalam diri, keluarga, maupun masyarakat.
Twitter: http://twitter.com/wanita_muslimah
Situs Web: http://www.wanita-muslimah.com
ARSIP DISKUSI : http://groups.yahoo.com/group/wanita-muslimah/messages
Kirim Posting mailto:wanita-muslimah@yahoogroups.com
Berhenti mailto:wanita-muslimah-unsubscribe@yahoogroups.com
Milis Keluarga Sejahtera mailto:keluarga-sejahtera@yahoogroups.com
Milis Anak Muda Islam mailto:majelismuda@yahoogroups.com
Milis ini tidak menerima attachment.
0 comments:
Post a Comment