Popehat is pleased to offer a second guest post by Sarah McLaughlin. Sarah works for the Foundation for Individual Rights in Education (though the opinions expressed here are her own) and is interested in free speech and civil liberties. You can follow her on Twitter at @sarahemclaugh.
At the conclusion of 2012 and 2013, Ken undertook annual surveys of the state of blasphemy laws, and their enforcement, around the world. I did the same for this year, while paying close attention to the way that individuals have also played a significant role in punishing people accused of blasphemy. From the horrific January 7 Charlie Hebdo attack and Saudi Arabia’s first flogging on January 9 of blogger Raif Badawi (who was found guilty of insulting Islam in 2014 and sentenced to 1,000 lashes and 10 years in prison), there were early signs that 2015 would be another year where blasphemy would be punished harshly by governments and vigilantes alike.
How Blasphemy Was Punished This Year
Of the many dark entries in this year’s review, at the forefront stands ISIS. It is perhaps unsurprising that ISIS’ penal code, published in late December of last year, promises a death sentence to anyone found guilty of blaspheming Islam, Allah, or Muhammad. Who knows how many people have been executed under it this year?
Saudi Arabia—which threatened to sue Twitter users who compared its justice system to ISIS'—dispenses harsh punishments to those accused of blaspheming Islam in a manner fairly similar to that of a certain militant jihadist group that shall remain nameless, demonstrating the conduct that can apparently be expected from countries on the UN Human Rights Council. While Raif Badawi’s flogging punishments were halted over the course of the year, his wife claims they will soon resume and he remains imprisoned. In February, a man was sentenced to death (likely beheading, as is the Saudi Arabian way) for cursing God and Muhammad and hitting a Koran with a shoe. A month later, an Indian man was arrested (in Saudi Arabia) for liking a post with “blasphemous content,” causing it to appear on his page. That he did not intend for it to do so is apparently irrelevant. Last month, artist and poet Ashraf Fayadh was sentenced to death for apostasy, a charge apparently supported by the content of years-old poems and “the testimony of a few witnesses.” By the time Fayadh was sentenced, Saudi Arabia had already beheaded at least one hundred and fifty one people, many of whom been found guilty of nonviolent crimes including blasphemy, apostasy and, most often, drug offenses.
Like Saudi Arabia, Iran, on track to execute one thousand people this year, treats blasphemy as a serious crime—violators are usually charged with “spreading corruption on earth.” This fall, Iranian courts decided that activist Soheil Arabi will spend 7 years in prison as punishment for “insulting the Prophet” on Facebook, and must prove his faith and knowledge of Islam in monthly meetings. This is actually an improvement over his earlier sentence: death.
Saman Naseem, a 17-year-old man scheduled to be executed in February after being tortured until he admitted to being guilty of “enmity against God” and “corruption on Earth,” was missing for months in early 2015, leading his family to believe Iran had gone through with a secret execution. In July, Amnesty International learned that Naseem had been granted a retrial, so there is hope that Naseem will be found innocent, or at least given a lighter sentence. However, given that it took over two years for Iran to reach that conclusion, there’s little reason to believe that Naseem will receive fairer treatment this time from a fundamentally unfair system.
Pakistan has seen a number of convictions and killings this year as well. In March, Liaquat Ali was sentenced to death by a Pakistani court for blasphemy and a month later an assistant professor who earned his doctorate under a scholar, Muhammad Shakil Auj, who was accused of—and assassinated for—blasphemy, was shot to death in what was likely an attack inspired by his connection to Auj. In August, three men were arrested for referring to a Christian pastor as “prophet” on a poster. Then in October, Bilal Husain, a man whose father reported him to police was given the death penalty for blasphemy too. Also in October, Asia Bibi, a Christian woman on death row for supposedly insulting Muhammad was moved to solitary confinement over fears that she would be killed by guards, vigilantes, or other inmates. That same month, Christian faith healer Naveed John was arrested for the apparently blasphemous act of “having Islamic script on a sword he used to treat his clients.” Pakistan has received well-earned criticism over the past few months because of the ease with which its blasphemy laws can be used as a weapon “to settle petty disputes against Christians.”
Like Saudi Arabia, Nigeria is all too willing to execute supposed blasphemers. In June, a Nigerian court sentenced Muslim cleric Aminu Abdul Nyass and eight of his followers to death for statements about Muhammad. The sentencing was held in secret because crowds at the previous trial attempted to burn down the court—their second target after burning down Nyass’ home. A Nigerian governor seemingly attempted to justify the death sentence, saying: "The concern is mobs would take extrajudicial action if these convicts are for whatever reason released because they would certainly kill them when they see them on the streets."
Though he’s wrong that the government should give out the punishments the mob wants, but in a more orderly fashion, he’s right that mobs will often act against people who they believe have insulted their gods. In a particularly horrifying example from March, a crowd in Afghanistan attacked Farkhunda Malikzada, a 27-year-old woman they believed had burned the Koran. Specifically, they beat her, ran over her body with a car and dragged her down the street, stoned her, and then lit her on fire. She received essentially no help from the police during the attack. Only days after her death was it discovered that Malikzada had never even burned the Koran in the first place—she had insulted men selling amulets by calling them un-Islamic, and they retaliated by yelling to the crowd that she had burned the Koran.
Bangladesh, meanwhile, shows how common murders like Malikzada’s were this year. In February, Al Qaeda members “taught a lesson to blasphemers” by hacking atheist Bangladeshi blogger Avijit Roy to death with machetes. A little over a month later, Oyasiqur Rhaman, a satirical blogger who mocked fundamental Islam and had mourned Roy’s death by changing his Facebook picture to an image reading “I am Avijit,” met the same fate. He was hacked to death by three men who heard that Rhaman had “made some comments against Islam,” which they had never actually even seen. Then in May, a third atheist blogger, Ananta Bijoy Das, was also murdered by men with machetes. Al Qaeda claimed responsibility for Das’ death as well. He had advocated for secularism on a blog called Free Mind, which had been moderated by Avijit Roy before his death. In August, Niloy Neel was the fourth Bangladeshi man to be hacked to death for his role as a secular blogger.
Roy, Rhaman, Das, and Neel were all on a widely-known list of secular bloggers created by groups pressuring Bangladesh to prosecute blasphemers more harshly. Bangladesh’s government was not content to let the machete-wielding murderers be the only villains in this story—after Neel’s murder the Inspector General of Police, while admitting that murder is wrong, actually asked that people report to the police secular blogs, whose contributors could face up to 14 years in prison, for “hurting religious sentiments.” What Bangladesh should do is eradicate its blasphemy laws and acknowledge that its treatment of blasphemy as a crime worthy of imprisonment encourages murderers targeting those who offend them. Instead, the Bangladeshi police have reaffirmed the notion that authority figures should violently censor speech that insults their constituents’ gods. I can hardly think of anything less safe for Bangladeshi bloggers than a public record of police investigations into their criticism of religion.
Threats and violence against blasphemers were not contained to the countries listed above. Three men were convicted under Myanmar’s blasphemy law and sentenced to 2 and a half years in prison in March for insulting Buddhism by publishing a flyer showing Buddha wearing headphones to promote their bar. Amos Yee Pang Sang, a 16-year-old blogger in Singapore was sentenced to a 4 week prison term in July for insulting Christianity, and he “admitted to his guilt and promised not to reoffend, as he realised his actions were against the law and could disrupt social harmony” after he was required to go to counseling. An executive at a Four Seasons hotel in Indonesia is facing blasphemy charges and up to five years in prison because she allowed a gay couple to hold a Hindu ceremony at her hotel. And an Indonesian footwear company is being sued solely because the word “Allah” is printed on sandals they produced, which they’ve promised to destroy. In October, a five year prison sentence against TV personality Islam El-Behery for “contempt of religion” was upheld by Egypt. In August, two men in India murdered professor M.M. Kalburgi, who was likely targeted for his criticism of idol worship. A few weeks ago, Indian director Pan Nalin received death threats because of the blasphemous content in his newest film, and took calls warning him: “We will make sure you go Charlie Hebdo way.” Last month Kuwaiti blogger and teacher Sara Al-Drees was arrested for “Insulting the Prophet” on Twitter, and could face up to ten years in prison doing hard labor. Events of a blasphemous nature faced threats and violence as well—in February three people were wounded and one man was killed when a gunman targeted Lars Vilks’ event in Denmark and a Muhammad cartoon contest with keynote speaker Geert Wilders in Texas was unsuccessfully attacked in May by two gunmen (one of the gunmen had claimed allegiance to ISIS.)
More Blasphemy Laws, More Problems
In addition to the many acts of violence committed against blasphemers this year, a few countries introduced or passed bills that will likely perpetuate that violence, or at least frighten dissidents into silence. Kuwait is considering an amendment to its 1959 Alien Residence Law, which would ban “any person convicted of contempt of religions or penalised for derision of Islam, Islamic beliefs or the Prophet’s (PBUH) companions or family members” in another country from entering Kuwait. In July, the United Arab Emirates President His Highness Shaikh Khalifa Bin Zayed Al Nahyan decreed a law that could easily be used to target blasphemous speech. Some of the “anti-hate” law’s provisions:
- Criminalises any acts that stoke religious hatred
- Criminalises any act that insults religion through any form of expression, be it speech or the written word, books, pamphlets or online
- Punishes anyone for terming other religious groups or individuals as infidels, or unbelievers
- Provides a sound foundation for the environment of tolerance, broad-mindedness and acceptance in the UAE
- Aims to safeguard people regardless of their origin, beliefs or race, against acts that promote religious hate and intolerance
- Includes jail terms of six months to more than 10 years for those who break the law
Not to be outdone, Bahrain began drafting a bill in August that would ban “any hate or sectarian discourse that undermines national unity, differentiates between individuals or groups on the bases of religion, creed or sect and triggers conflict between individuals or groups.” New Zealand’s new Harmful Digital Communications Act says digital communications "should not denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability.” Humanist groups have raised concerns about the law’s ability to target blasphemous speech, but New Zealand’s Justice Minister Amy Adams claimed "a person would have to do much more than simply post blasphemy to fall foul of the criminal offence in the Harmful Digital Communications Act." There’s plenty of evidence from this year alone that many people consider blasphemous statements to be “denigrations” of their religion, so Adams’ comments are poorly thought out at best.
Poland and Denmark both took incredibly disappointing stances this year by reaffirming the legality of their blasphemy laws. The International Humanist and Ethical Union reports that Denmark’s Ministry of Foreign Affairs Vanessa Vega Saenz spoke at a UN Human Rights Council meeting in March and acknowledged that Denmark’s blasphemy law is rarely used but claimed it’s “‘legally important’ in that it gives the state the possibility to stop people burning bibles and Korans, and to punish those who do.” In October, a Constitutional Tribunal upheld Poland's blasphemy law that states “whoever offends religious feelings of other people by publicly insulting an object of religious cult or a place for public holding of religious ceremonies, is subject to a fine, restriction of liberty or loss of liberty for up to 2 years.” In the ruling, one of the justices said “religious criticism is acceptable, only if it’s devoid of abusive, insulting or degrading opinions” and the tribunal asserted the importance of “punish[ing] such offenses, because the public debate about religion must be conducted in a cultured and civilized manner.”
Some Rare Good News
There were a few brights spots this year, though. In March, Jordan withdrew its proposed Inter-Parliamentary Union resolution that sought to restrict speech that failed to show “respect for religions and religious symbols.” In response to the Charlie Hebdo attacks, two Norway politicians pushed through a proposal in May that finally achieved the long-planned end of the country’s blasphemy law, arguing that its existence “underpins a perception that religious expressions and symbols are entitled to a special protection.” Two months later, Malta announced that it was in the process of weakening its blasphemy laws. Iceland’s parliament, also motivated by Charlie Hebdo, repealed its 75 year old provision against blasphemy in July. And in October, Pakistan’s Supreme Court decided that suggesting revisions to Pakistan’s blasphemy law is not, in fact, a violation of the blasphemy law. Alarming as it is that this needed to be said, it’s still progress worth noting. It’s a minor, but important, step forward for free speech advocates demanding reform.
That Norway’s and Iceland’s blasphemy laws (like Denmark’s) were rarely, if ever, used is irrelevant—laws that could be used to punish expression often do a very good job of chilling the speech they’re intended to suppress even if they’re never exercised. And sometimes, as evidenced by the tragedies in Bangladesh and Afghanistan, blasphemy laws do worse than chill speech—their existence reinforces the idea that blasphemous speech is something that should be physically punished. It shouldn’t be, and we should be genuinely concerned about the prevalence of the desire, from governments and mobs, to inflict pain on people whose beliefs deviate from what their neighbors or leaders deem acceptable.
 This list probably does not contain every newsmaking blasphemy incident of 2015, but it illustrates the hostility with which religious dissent was met in the past year. I used essentially the same methodology as Ken did when he blogged about blasphemy in 2012, but I grouped the incidents differently (as you can see).
 These are just a few examples of ISIS’ brutality. You can easily find many more if you’re so inclined.
 And the only woman.
 His motives were not known but Vilks is a well known target for his cartoon depictions of Muhammad.
 A rule to live by: anyone that demands to be called “his highness” can probably be expected to “decree” terrible laws.
 This is a fairly blunt way of saying that they like being able to chill speech.
 But the Justice and Culture Minister said that “the new amendments will also aim to safeguard social and racial minorities, since the law will not allow for the vilification of any minority work,” so this is still worth watching.
Last week cartoonist Garry Trudeau received the George Polk award for journalism. It's an award named in memory of a journalist murdered while covering a war. Trudeau used the opportunity to say that while murdering journalists is sub-optimal, journalists need to rethink offending people:
What free speech absolutists have failed to acknowledge is that because one has the right to offend a group does not mean that one must. Or that that group gives up the right to be outraged. They’re allowed to feel pain. Freedom should always be discussed within the context of responsibility. At some point free expression absolutism becomes childish and unserious. It becomes its own kind of fanaticism.
In the wake of the Charlie Hebdo massacre in Paris, some media outlets have published pictures of the cartoons that were terrorists' purported justification for slaughter. Some have not. Some have steered a bizarre middle course and shown people holding blurred cartoons.
The New York Times has elected not to publish the cartoons depicting Muhammad. The Times' public editor explained the decision as follows:
Mr. Baquet told me that he started out the day Wednesday convinced that The Times should publish the images, both because of their newsworthiness and out of a sense of solidarity with the slain journalists and the right of free expression.
He said he had spent “about half of my day” on the question, seeking out the views of senior editors and reaching out to reporters and editors in some of The Times’s international bureaus. They told him they would not feel endangered if The Times reproduced the images, he told me, but he remained concerned about staff safety.
“I sought out a lot of views, and I changed my mind twice,” he said. “It had to be my decision alone.”
Ultimately, he decided against it, he said, because he had to consider foremost the sensibilities of Times readers, especially its Muslim readers. To many of them, he said, depictions of the prophet Muhammad are sacrilegious; those that are meant to mock even more so. “We have a standard that is long held and that serves us well: that there is a line between gratuitous insult and satire. Most of these are gratuitous insult.”
“At what point does news value override our standards?” Mr. Baquet asked. “You would have to show the most incendiary images” from the newspaper; and that was something he deemed unacceptable.
I have questions for the Times in light of this policy.
1. Does the Times maintain a list of gratuitously offensive types of expression, and act based on that list, or does it address items on a case-by-case basis? If there is a list, is it public?
2. How big does a group have to be for the Times to accept its assertion that particular expression is offensive?
3. What percentage of a group must view expression as offensive for you to refrain from that expression? In other words, what portion of Muslims must find depictions of Muhammad to be gratuitously offensive for you to refrain from that expression?
4. Do you consider the degree of offense within a particular group? How do you measure that degree?
5. If there is dissent within a social or religious community about whether something is gratuitously offensive, how do you decide which faction to listen to?
6. Do you consider whether claims to offense may be politically motivated? For instance, if some American group (say, religious conservatives) asserted loudly that use of terms like "Happy Holidays" was gratuitously offensive, would you accept that, or would you ignore it on the basis that it was part of a "culture war?" If Americans claimed that the Flying Spaghetti Monster is gratuitously offensive because it is calculated to mock religion, how would you evaluate that claim?
7. Do you consider the recency of claims of gratuitous offense? If the claims arise relatively recently — when in the past the conduct was tolerated or did not occasion great statements of offense?
8. Does it make any difference to your decision that a particular group will react to what it sees as "gratuitous offense" with violence? Follow-up: if you do consider that, do you evaluate whether responding to threatened violence by not publishing something may encourage more threatened violence?
9. Has the New York Times ever decided not to run a religious image other than Muhammad on the theory that it would be sacrilegious or gratuitously offensive? Which one?
10. The Times has previously run anti-Semitic cartoons when they are in the news, "Piss Christ," pictures of a painting of the Virgin Mary smeared with dung, and pictures of Westboro Baptist protesters in vivid anti-gay shirts. Is it the Times' position that those decisions can be reconciled with this one, or is this a change in policy? If it is a change in policy, is it intended as an institutional one, or one that just remains during the tenure of a particular editor?
11. Please consider the cover of the new post-massacre Charlie Hebdo:
Is this picture, leaving offense aside, newsworthy? If so, will you weigh that newsworthiness against the offense you believe it will give, or apply a categorical ban? Do you believe that words can adequately convey the literal, figurative, and emotive impact? If someone asserts that the picture is offensive not just as a depiction, but as a caricature, can your readers evaluate that claim without looking at the picture?
12. Are there particular staffers at the Times who specialize in evaluating and advising about degrees of offense? How are they trained?
13. Do you have a plan for what to do if a group expands its assertions about what is offensive? For instance, suppose that some Muslims begin to assert — vociferously — that depictions of all those it counts as prophets (including Jesus) are offensive and must be avoided, how would you evaluate that claim?
14. There are, as you know, different groups within Islam. What if a reform group began encouraging depictions of Muhammad as a signifier of reform, asserting that the contrary interpretation is false, and that those who attack depictions are wrong about Islam? How would you decide which faction to avoid offending?
15. Let's say some blogger starts a trend of using this emoticon: @[–<. It is widely understood that the emoticon is meant by its users to depict Muhammad, in an effort to illustrate that bans on depictions are unprincipled and can easily be made ridiculous. Would you run the emoticon? Or would you just describe it? How would you decide? 16. Imagine that a segment of Muslims begins to assert that it is sacrilegious to print Muhammad's name without a ṣalawāt like "pbuh." Are there conditions that would arise that would lead you to do so? What are those conditions? Are violence, or threats of violence, one of them? I'm just asking questions.
But it's only fair to point out that it's not necessarily safe to carry around my rutabaga named Mo here in the United States, either. Courtesy of commenter Trebuchet and Ed Brayton, I discovered Eugene Volokh's testimony to the U.S. Commission on Civil Rights, which offers numerous examples of embarrassing attempts by American academics to suppress speech. They don't call it blasphemy, but they might as well. Volokh's conclusion is apt:
As I said at the outset, I firmly support the free speech, religious freedom, and property rights of Muslims. My concern is simply that all speakers and religious observers be protected, whether they are Muslim or non-Muslim, or pro-Islam or anti-Islam. Nor does this need to be difficult: The government should tell Muslims (as it tells other groups), “We respect you and your rights, and we will defend you and your rights from violence and government oppression, but if you find certain kinds of speech offensive you should respond with speech of your own; we cannot respond by trying to suppress such speech.”
But the government ought not try to define political and religious speech as “discrimination” or “harassment,” and then suppress it in the name of civil rights. Nor should the government conclude that the speech is stripped of protection because it is supposedly constitutes “hate speech”; the Supreme Court’s precedents solidly reject the view that there is a “hate speech” exception to the First Amendment. Nor should it surrender to the threat of violence, a course of action that only encourages more such threats in the future. Instead, the government should protect the civil rights of all, regardless of their religion or ideology.
Some foreign countries, to be sure, do indeed seem to prohibit speech that is perceived as blasphemy or undue criticism of religion — not just Islam but also, for instance, Christianity: Consider, just over the last two years, foreign incidents involving Jesus Christ Superstar, a parody of the venerated Greek Orthodox monk Elder Paisios, mockery of the Bible, and a painting of Jesus with a Mickey Mouse head. But in America, such speech is of course fully protected against government suppression. That must remain so, whatever religion is targeted.
The incendiary film ""The Innocence of Muslims" was merely an unconvincing pretext for a terrorist attack, not the true cause of the attack. Yet the film has spurred new discussions of American free speech exceptionalism, and led some to question whether we should hew to the First Amendment in the face of worldwide demands for an international ban on blasphemy.
Eric Posner wrote in Slate that we ought to consider that other societies believe that "free speech must yield to other values and the need for order." Anthea Butler, a professor at Penn, defended calls for the arrest of the man who made the film, suggesting that it had "inflamed" people across the globe, putting Americans at risk. Garrett Epps wrote that blasphemy is not the "essence of free speech" and that other nations understand freedom differently than we do. Professor Peter Spiro reacted to the film by suggesting that "international norms" about hate speech should prevail over our relatively absolutist free speech values.
We should address such views, not ignore them. But as we consider them — as we evaluate whether anti-blasphemy laws will ever be consistent with the modern American values embodied in our First Amendment precedents — we should examine what the competing values truly are. What are the "other values" which other societies believe outweigh free speech? What sorts of things "inflame" people in those societies? If other societies understand free expression differently than we do, how do they understand it? What "international norms" are emerging on blasphemy?
I decided to try to answer those questions by looking at how the nations of the world have treated blasphemy during one year: October 2011 through September 2012. In other words, I decided to examine how one year reflected the competing values concerning free speech and blasphemy.
There are many like him, but he is mine. He has never let me down, and in sharp contrast to the lot of you, he never will. I mean, until he rots.
I would like to take Mo on a trip. It's been 21 years since I lived in England; I thought I could take him there. But I have some concerns — and I'm not just talking about the TSA violating him.
In fact, I'm worried that I might be banned from some places in England if I bring Mo.