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Author - Heather Hughson https://twitter.com/HNHughson
Bio: Recovering academic (PhD poli sci) now @wahdycapital. Democracy, institutional design/reform, and Oxford commas. 🇨🇦 🇺🇲 🇬🇧 🇪🇺 politics. Staff to @PercyFuzzyboots
Thriller;
release Year 2019;
directed by Yaron Zilberman;
Runtime 123 minute;
Country Israel.
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This film is a re-creation of the life of Yigal Amir, the assassin of Yitzhak Rabin, from the time of the announcement of the 1st Oslo peace accord, to the actual deed. While Yigal was already a nationalist (he starts by being arrested at an anti-Oslo rally) various forces encouraged or abetted him towards assassination.
There is his mother, encouraging him to greatness, as per his name. There are rabbis who proclaim that Jewish law should supercede secular law, and also that Rabin is a "Persuer" and an "Informer" permitting him to be killed. There is a Likud / Bibi rally, where calls to kill Rabin go unchecked. There are girlfriends / potential brides, who just distance themselves from him but not report his thoughts to authorities. About the only person who comes off well is his father, who said that, if Rabin should be struck down, it should be by the hand of God and not of man.
I was at the world premiere (see: trivia) where the director said the film project was started 5 years ago, and it is just coincidental that it is coming out as populists hold hate-filled rallies.
Laws in the UK ban incitement to hatred and violence, including on account of religion or belief, as well as harassment, victimisation, and discrimination by organisations against individuals on those same grounds. Although we have concerns about exemptions from the latter, we believe that these laws strike the right balance in protecting freedom of speech and expression, and work to defend them.
We campaign to ensure that the hate crime legislation across the UK is fit for purpose, providing protection for all victims of religion or belief-based crimes. For instance, we are currently working to see the crime of ‘religious hatred’ expanded to explicitly cover incitement to hatred against humanists as well.
Prior to 2008, we campaigned for the repeal of the blasphemy law in England and Wales, and still work for similar changes in the rest of the UK and internationally.
In depth
We support the protection of vulnerable people and minority religious groups, as long as legitimate criticism of religions and religious practices are fully protected in law. The Racial and Religious Hatred Act 2006 makes provision about offences involving stirring up hatred against persons on religious grounds. Inciting violence against people was already illegal – what is now also illegal is to incite others to hate people, on the basis of their religious beliefs – or their lack of religious beliefs.
However, there is a very important section in the Act, which Humanists UK welcomed at the time of its passing, which states:
‘ Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system. ’
This makes it clear that the law is not intended to protect beliefs, but to protect people.
However, there are two ways in which the law must be improved. Currently, the definition of religious hatred used in the 2006 Act, the Crime and Disorder Act 1998, and the Criminal Justice Act 2003 protects victims who could be targeted because of the absence of religion (being an atheist). But there are two shortcomings with this. First, this is far from obvious from a crime called ‘religious hatred’. The crime needs renaming to ‘religion or belief hatred’ or something similar. And second, this definition does not protect individuals who are targeted because they positively hold non-religious worldviews, such as humanism. We are campaigning to change this definition.
In 2018, the Law Commission was commissioned to conduct a review of hate crime laws. We will be feeding into this review.
What we’re doing
In 2019, we wrote to the Law Commission pointing out the issues with the current name and definition of ‘religious hatred’. It is beginning to conduct a review of the laws, which we will be feeding into.
We lobbied for a number of years on the various stages of the Racial and Religious Hatred Bill. From when the Religious Offences Bill was introduced in 2002, until it finally became the Racial and Religious Hatred Act 2006, we gave written and oral evidence to parliament on incitement to religious hatred, wrote briefings, and sent out press releases.
Get involved
Let us know of any attempts you hear of to use the law, or the threat of the law, to censor legitimate criticisms of religious or non-religious beliefs or practices.
You can support Humanists UK by becoming a member. That helps in itself, and you can help even more by supporting our campaigns in the ways suggested above. But campaigns also cost money – quite a lot of money – and we also need financial support. You can make a donation to Humanists UK.
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Lee Rowland: We all know the First Amendment protects almost all speech. But when does speech cross the line into something that’s unprotected, like incitement to violence?
My name is Lee Rowland. I’m a free speech attorney with the National ACLU, and we’re going to talk about the law of incitement.
The First Amendment to the US constitution by default protects almost every bit of speech that we can engage in, but there are a few areas where speech crosses the line into something that’s considered violent or criminal. One of those areas is incitement. “Incitement to violence” is a term that refers to speech that creates an immediate risk of harm to another person. It’s kind of like a threat, except it’s done through another person. Which is to say, rather than threaten you directly with harm, I suggest to another person, “Why don’t you hurt her? ” Under the First Amendment, it’s an extremely high bar before speech can be criminalized as incitement. But unless and until there is an immediate and serious risk to a specific identifiable person, that speech can’t be made criminal consistent with our First Amendment.
A tour of the Supreme Court’s history with incitement law provides a beautiful illustration of what we mean when we say that the First Amendment is indivisible. It applies equally to, say, a white supremacist and a racial justice advocate. I want to talk about two cases that have hit the Supreme Court just to illustrate the breadth of speech that is covered by the First Amendment. The seminal case in which the Supreme Court set this incredibly high bar for what speech becomes and can constitute incitement is called Brandenburg. And even until today, lawyers often refer to the incitement doctrine as the “Brandenburg Test. ” Brandenburg was a man who was a literal leader of the KKK, and at a Klan rally, he expressed the kind of hateful and disgusting racism you would expect from a Klan leader. And as part of his speech, he basically fantasized and encouraged generalized violence against black Americans. He was charged with incitement, and his case made it all the way up to the Supreme Court. And the Supreme Court determined that Mr. Brandenburg had not committed incitement, because there was no particular individual he was suggesting be harmed, he didn’t create a plan of action for hurting anyone, he spoke in general and vague terms about an all-white future. He also said unbelievably hateful and disgusting things about black people as you might expect from a leader of the KKK. But at no point, the Supreme Court ruled, did his speech, did his words become an immediate roadmap for violence against other people. Brandenburg might be tough to swallow in a vacuum. A nearly all-white Supreme Court saying a KKK leader, of course his speech is protected under the First Amendment. But if you just wait a handful of years, we really get the end of the story of incitement in the next major case, NAACP v. Claiborne Hardware. Even from the title you probably suspect this is going to be an interesting counterpoint to the Brandenburg case. In NAACP v. Claiborne, a bunch of white-owned businesses had filed lawsuits against a lion of the civil rights movement named Charles Evers who, at a rally organized by the NAACP, engaged in really powerful rhetoric encouraging people to boycott racist, whites-only businesses. And he said during his speech, “If anybody breaks this boycott, I’ll break your neck. ” Now, potential for future violence? Absolutely. Vulgar? Yes. The question is is it protected speech? It went again up to the Supreme Court. The Supreme Court looks to Brandenburg and says, we’ve set this incitement bar really high. So high that it protects a KKK leader at a rally suggesting that black people should be killed. Now we’ve got a civil rights leader at a rally suggesting that at some point, some people’s necks might be wrung. Well, guess what? Charles Evers' words were protected specifically because the Supreme Court ruled that he fell under the Brandenburg test. The Supreme Court recognizes, rightfully, that political speech often involves really passionate, sometimes violent rhetoric. And unless and until it creates a specific and immediate roadmap to violence against others, it cannot be criminalized consistent with our First Amendment.
My name is Lee Rowland, and you’re watching TalksOnLaw.
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Sir I seriously and studiously follow all your videos and I am so proud that our constitution has given us a very strong and beautiful law, but in today's time I am so so sorry to say that is really we are following the law as I can see how the law of the land is it's self making a mockery of it the Supreme Court is just following the orders of the culprits and innocent people are getting caught, Sir thought we maybe having great laws but it has just become useless and people have become fearless, so how long due you think that the serious follower and abider of law will be able to keep the faith in our law as we have seen even the Supreme Court judges are in collusion with the law breakers and giving them punishment which is laughable and instigating the culprits to do whatever they wish to do as they are there to save them.
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