Acquitted of Political Incorrectitudes

David Warren:

Free speech has a long history in the Netherlands, and thus defenders from some unlikely sources. In court, Wilders had many supporters who by no means like him. And even the prosecutors were extremely cautious in representing the charges. In the end, even they recommended acquittal. The issue came down not to any prospective jail time, but to whether the court should impose a symbolic fine of one euro. In the end, it did not.

The court accepted arguments that go a little beyond what I have read in mass-media coverage. It is generally reported that the court made a distinction between attacking Islamic doctrines, which is fair play, and attacking Muslims as members of an “ethnic group,” which is not. This it did, but it was only the preamble.

The decision went further in holding that if proactive public policies such as “multiculturalism” and open immigration are to be freely discussed, opponents must be allowed to discuss them freely. Advocates of such policies have no right to decide which part of their opponents’ arguments are “out of bounds.” And Wilders was neither inventing facts gratuitously, nor encouraging violence. Indeed, his allegation against Islam was that it advocates violence as a means to advancing its own interests; and that this in itself must be resisted by those opposed to violence as a political tactic.

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