In the last week, protestors picketed a Kroger grocery store in Tennessee which was refusing to carry a local newspaper, the Rutherford Reader, because of comments the paper printed defaming the religion of Islam by calling it “evil”.
The newspaper is now threatening to sue Kroger, claiming that Kroger’s actions are a blatant breach of First Amendment Rights. The publisher and co-owner of the Rutherford Reader, Pete Doughtie, said that “when a group or individual can force a corporation to take something out of their store which is printed material and not offensive, then we’re headed in the wrong direction.”
However, Kroger did find what the newspaper printed in a guest column that described Islam as
“an evil, de-humanizing, backward and defiling 12th century ideology”, offensive.
The idea that a publisher or owner of a paper that is deliberately publishing hate propaganda has the right to force commercial outlets to sell their product and disseminate hate propaganda is reminiscent of what the German Government in World War Two forced publishers to do in Germany and many nations in Europe. Leading up to, and during, World War Two, the German government forced German publishers to pump out vast amounts of hate propaganda against the Jews, which was used to incite hate and violence against the Jews and served to facilitate the German governments’ actions to exterminate the Jews of Europe.
The Rutherford Reader has no legal grounds on which to sue independent distributors who choose not to distribute their paper for any reason, certainly including if they find it offensive. However, the Rutherford Reader’s actions in publishing defaming propaganda against the religion of Islam, may meet the criteria of a criminal offense as group libel against Muslims and the religion of Islam.
Group libel laws penalize speech or other communication that attacks or defames a particular group on the basis of it’s race, ethnicity, religion or other similar group identities. Group libel laws are based on the belief that group libel might foster a social climate that could encourage violence against the group being libeled and curtail the free speech of the libeled group.
In Beauharnais v. Illinois (1952), the U.S. Supreme Court upheld the constitutionality of a state statute criminalizing the libel of a group of citizens.
The Court said that like “fighting words” (words that would cause the average addressee to fight), these statements are not within a constitutionally protected category of speech. The Supreme Court ruling found no difference between libel against individuals and libel against groups in terms of speech that was not protected by the constitution. (Beauharnais v. Illinois, 343 U.S. 250, 254-58 (1952).
Doughtie stated that the paper’s “not out to hurt anybody” and has never called for violence against any person or group. However, the issue of inciting violence is a valid one and particularly in regard to constitutionality of free speech. In terms of libel against individuals, the constitutionality of free speech has been challenged if the speech is what is termed “fighting words” that have a direct tendency to incite violence in the individual to whom the speech is addressed as ruled in Chaplinsky v. New Hampshire. In this ruling, Justice Murphy stated, that there were “certain well defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem.
This includes… the libelous, and the insulting or “fighting” words – those that by their very utterance inflict injury or tend to incite an immediate breach of the peace.”
Although the ruling was specific to individuals and not groups in regard to what was considered “fighting words”, in both rulings regarding the constitutional protection of free speech, the issue of inciting violence or a breach of the peace is a pertinent one.
In regard to Islam, it is particularly pertinent because we are engaged in a conflict that involves military action in other countries as a result of terrorist attacks that have been termed a “war against Islamicist terrorism”.
What has been seen recently is hate propaganda against Islam and Muslims, particularly in Europe, serving to meet the criteria of both group libel, defaming the religion of Islam and inciting violence in response to the hate propaganda.
The actions by the Rutherford Record and their claim that their right to publish deliberately defamatory statements about Islam, is just an “exercise of their free speech” is the same claim that has been made by some publications in Europe who claim that they as well are just “exercising free speech” in publishing things that are deliberately defamatory to Muslims and Islam.
One of the most publicized cases of this type of hate propaganda was the cartoon in a Danish newspaper, the Jyllands-Posten on September 30, 2005, that showed the Prophet Muhammed carrying a bomb shaped like a turban. This cartoon was one of a series of cartoons that were defamatory to Islam that the Jyllands-Posten published.
The deliberately defaming cartoons were commissioned by the Jyllands-Posten, because of what they perceived as “self-censorship” among artists dealing with Islam and as a test of “free speech”.
The response to the cartoons were protests by Muslims and threats against both the newspaper and Kurt Westergaard, the author of the Muhhammed turban cartoon and cuts at the very heart of what is massively problematic with the hate propaganda that is being printed. And how this hate propaganda should be considered and what it should be considered “as”.
Historically, before this period, these publications have not published defamatory statements about the religion of Islam or the prophet Mohammed. Clearly in this situation, where there has been a defined war against and in relation to “Islamicist terrorism” there needs to be even more scrutiny over what is being published and for what purpose and the possible result.
Is this propaganda supportive of and does it promote war itself? When virulently defamatory statements defaming the nation of Israel, and the religions of Judaism and Christianity are published in Muslim-predominant area publications they are criticized in the press in Western countries as being inflammatory and helping to foster and incite violence among the readers. It is a valid criticism and one that should be just as critically applied to anti Islam and anti Muslim defamatory statements in countries that are not predominantly Muslim. There is no reason to assume that these types of anti Islamic statements don’t serve to set up a climate whereby Islam is something that should be fought. Clearly the terming of a religion that for a thousand years has been one of peace, forebearance and tolerance, as “evil” is in and of itself untrue and could be said to be terminology that could be used to incite readers to “fight against it”. Just as similar criticism of the religions of Judaism and Christianity could foster the same thing.
This type of hate propaganda is specifically having the effect of furthering the conflict between the religions and inciting violence and conflict.
We must be quite clear, in the United States, what we are sending our soldiers off to fight for in other countries. It can’t be because of prejudice against the religion of those in other nations, and in our own.
The reality is that this type of hate propaganda against ethnic, religious and racial groups, has in fact been used to foster conflict and facilitate it in the past. One example was the propaganda that was used against the Tutsis in Rwanda by the media that helped to facilitate the extermination of almost a million Rwandan Tutsis by Rwandan Hutu militias. Leading up to, and during the time of the attacks, radio broadcasts portrayed the Tutsis as “cockroaches that must be eliminated”. This followed an ever increasing pattern of violence inciting hate propaganda being published and broadcast in Rwanda that helped to set the stage and facilitate the mass extermination.
This is not the only country where this type of ethnic, religious or racial group hate propaganda has accompanied and appeared to help incite violence recently. In a number of countries around the world, ethnic, religious, racial and tribal conflict is occurring with an accompanying occurrence of hate propaganda in ethnic specific publications railing against the opposite group, serving to both drive conflict and to create a climate of social acceptance of violence and attacks against the group being defamed and attacked.
Historically, the most well known example of this same type of propaganda being used to set up conditions to make it easy to discriminate against, assault and mass exterminate people was the World War Two German government extermination of 6 million Jews. The extermination of the 6 million Jews by the World War Two German government followed a long period of ever increasing hate propaganda directed against the Jews, depicting them as violent, criminals, rodents and evil. There are horrifically disturbing parallels between anti Jewish propaganda that was being pumped out in European countries by the German government in World War Two and the anti Islamic propaganda that is now being seen in Europe.
The anti Jewish propaganda by the German government in World War Two, served a number of purposes. It not only served to facilitate the increasing isolation and attacks against the Jews, but resulted in their ultimately being rounded up, deported and exterminated, with little protest from those in the countries where they were deported from. The German government in World War Two also used massive hate propaganda against the Jews, which they pumped out all over Europe, as a means and rationale that they presented as to “why they were invading other countries” in Europe, in order to protect both Germany and the Christians of the other countries of Europe from the “Jewish threat”.
This too, is a particularly disturbing parallel with today and military involvement in Muslim predominant nations, and we have to be sure that our actions in other countries militarily is not being inflamed or driven by this type of hate propaganda.