Whose Law Rules in Austria?

Diposting oleh alexandria joseph | 20.37


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“Freedom of expression is always the freedom to allow those opinions which are diametrically opposed to our own, or it is not freedom of expression.”

Last Tuesday’s decision by the Vienna court did not go unremarked by the Austrian press. And not all coverage and opinion was politically correct: the following take by Christian Ortner on the Elisabeth Sabaditsch-Wolff case is incisive and refreshingly candid.

Many thanks to JLH for the translation from Die Presse:

Why Does the Vienna Criminal Court Care About Mohammed’s Sex Life?

by Christian Ortner

With courage and determination, the Egyptians have finally fought for and won the right to express their opinion free of state repression. In Austria, we have not come that far.

For hundreds of years the Islamic world had sighed for this moment. Millions of pious Muslims had to linger in awful uncertainty. Even the cleverest scholars could never agree on a universally agreed solution. But on Monday of this week, it was at that point.

The verdict of the Criminal Court in Vienna has finally settled the hotly disputed question of whether the Prophet Mohammed slept with his wife Aisha when she was at the tender age of nine, as many sources maintain. And so a Viennese judge, until now comparatively unknown among Koran experts, has decided as — so to speak — the highest authority on the faith from Morocco to Indonesia, that in any case there was no instance of pedophilia in the House of Mohammed. And therefore sentenced the defendant to 120 per diem payments for her public claim that the Prophet “liked to get it on with children.” Because the charge that Mohammed committed child abuse was “factually completely unjustified.” Ergo, “denigration of a religion” — end of lesson.

Quite aside from the weird presumption of wishing to clarify in the Viennese court a circa 1500-year-old Arabic bedroom tale — such a verdict (and the law on which is its based) is more suited to Pakistan, Saudi Arabia, or Iran than an allegedly liberal and secular constitutional state. To be convicted for quoting analogously what is an article of faith in a great part of the Islamic world, seems more like the verdict of a sharia court than a verdict “in the name of the Republic.”

Perhaps in the future, we should concern ourselves not only with the question of whether there will be freedom of expression in Egypt, but also how we here in Austria can achieve this freedom of expression, without having to occupy Stephansplatz for days on end to accomplish it. To be clear: laws that offer heightened protection of only one group of religious communities from too robust criticism are really not compatible with the principle of freedom of expression.

The relevant § 188 of the criminal code protrudes into the 21st century from pre-modern times like the laws of the Habsburgs or the ban on denigrating the parliament. Such a norm of conduct is not in tune with the times. In a secular state, consideration of the possible religious feelings of one’s fellow human beings is a question of respect and honor which requires no regulation by the state.

As chance would have it, at almost the same time as the Viennese verdict, “Valley of the Wolves” was running in the cinemas — a Turkish macho epic with heavily anti-Semitic tendencies. The Jewish community justifiably complained about this vicious film. Nonetheless, the consequence of that cannot be that such a film is forbidden by decree of the grand vizier.

Freedom of expression is always the freedom to allow those opinions which are diametrically opposed to our own, or it is not freedom of expression. If we allow judges to rule on which opinions may be represented and which may not, then we should be less fearful of the Egyptian Muslim Brotherhood than of our own understanding of freedom.


Previous posts about the hate speech case against Elisabeth Sabaditsch-Wolff:

2009 Dec 5 Fighting a Hate Speech Charge in Austria
    11 Heckling the Counterjihad
    14 Whose Law?
    17 Defaming the Muslims of Pinkafeld
2010 Mar 11 A Mother and an Activist
    20 An Austrian “Hate School”
    22 Elisabeth Sabaditsch-Wolff at the Freedom Defense Initiative
    29 Elisabeth Sabaditsch-Wolff and the Wiener Akademikerbund
  Sep 9 “Islam is a Political Ideology Disguised as a Religion”
    16 “Justice Must Not Be Made the Handmaiden of Sharia”
    17 The Truth Does Not Matter
  Oct 11 Interview With Elisabeth Sabaditsch-Wolff
    16 Is the Truth Illegal in Austria?
    20 A Court Date for Elisabeth Sabaditsch-Wolff
    21 BPE Press Release on Elisabeth Sabaditsch-Wolff
    22 Elisabeth’s Voice: An Appeal
    23 Elisabeth’s Voice: A Follow-Up
    24 Raising Our Voices
    25 Elisabeth’s Voice is Growing
    27 Elisabeth’s Voice: More Information
    27 A Bit More Media Attention?
    28 We Are Elisabeth’s Voice
    30 Elisabeth’s Voice in Amsterdam
    31 Mark Steyn Joins Elisabeth’s Voice
  Nov 2 Elisabeth Sabaditsch-Wolff: Target of Western Shariah
    6 Anatomy of a Discussion with a Leftist Journalist
    8 ESW in the WSJ
    10 “The Left is Very Much the New Far Right”
    11 Elisabeth Sabaditsch-Wolff Versus the State of Denial
    17 Elisabeth’s Voice: An Update
    15 The New English Review Interviews Elisabeth Sabaditsch-Wolff
    20 Live-Blogging the Trial of Elisabeth Sabaditsch-Wolff
    20 The ESW Defense File
    23 The Trial of Elisabeth Sabaditsch-Wolff, Day 1
    27 The Time That is Given Us
    28 ESW at Trykkefrihedsselskabet
  Dec 5 An Oasis of Civilization in a Desert of Barbarism
    22 An Unusual Hobby
    23 In Demand Everywhere
2011 Jan 14 ESW: Thoughts Before a Trial
    14 Live-Blogging the Trial of Elisabeth Sabaditsch-Wolff, Part Two
    16 ESW: A Submission to the Court in Vienna
    18 The Trial of Elisabeth Sabaditsch-Wolff, Day 2
    21 Elisabeth’s Voice, Phase Two
    28 Geert Wilders Supports Elisabeth’s Voice
  Feb 5 Elisabeth Sabaditsch-Wolff in Luton
    10 A Dangerous Mindset
    13 An Appeal to Rectify an Oversight
    14 ESW: Submission III to the Court in Vienna
    15 ESW: The RT Interview
    15 The Trial of Elisabeth Sabaditsch-Wolff, Day 3
    16 Time to Say Thank You
    18 Convicted for Calling Muhammad a “Paedophile”
    18 Sentence First — Verdict Afterwards
    19 ESW: Mark Steyn on the Verdict






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