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How (Not) to Fight Racismand Anti-Semitism

Europe is plagued by the very real problems o anti-Semitism! And it is now plaguedby dangerous laws meant to combat racial hatred!French comedian Dieudonn has paid a high price for his anti-establishment (a euphemism for anti-Semitic) outbursts. Not only has he

been con icted of hate speech on se eral occasions--in !anuary" Frenchinterior minister #anuel $alls banned him from performing in se eralFrench cities" in February %ritain&s 'ome ffice banned him from

entering the nited *ingdom--Dieudonn and his gro+ing legionof ,uenelle hailing supporters ha e become emblematic of theresurgence of uropean anti-Semitism.

hile Dieudonn may be one of the most prominent uropean peddlersof anti-semitism" he is by no means the only one. /n ctober 0123" the

uropean nion Fundamental 4ights 5gency issued a report based on asur ey of more than 6111 uropean !e+s. 7he results sho+ the i idfears of resurgent anti-!e+ish sentiment8 Se enty-si9 percent of thosesur eyed responded that anti-Semitism has become +orse in theirrespecti e countries +ithin the last fi e years. 7his comports +ith recentsur eys conducted by the 5nti-Defamation :eague (5D:). /n its 0120sur ey" all but one of 21 uropean countries studied e9perienced anincrease in anti-Semitic attitudes (as defined by the 5D:) since the

pre ious sur ey from 011;. ith the e9ception of the Netherlands" bet+een 26 and aris +as scarred by sic?ening scenes as se eral thousand protesters too? to the streets shouting anti-Semitic slogans (!e+s get out"France does not belong to you). 5nti-Semitism in France has manifestednot only in anti-Semitic e9pression" but also in anti-Semitic deed" such asthe brutal 0120 murder of !e+ish children and a rabbi (as +ell as Frenchsoldiers) in 7oulouse. !e+ish communities in many uropean countries"

http://en.wikipedia.org/wiki/Quenelle_(gesture)http://fra.europa.eu/en/publication/2013/discrimination-and-hate-crime-against-jews-eu-member-states-experiences-andhttp://www.commentarymagazine.com/2014/02/04/holocaust-day-isnt-what-it-used-to-be/http://en.wikipedia.org/wiki/Quenelle_(gesture)http://fra.europa.eu/en/publication/2013/discrimination-and-hate-crime-against-jews-eu-member-states-experiences-andhttp://www.commentarymagazine.com/2014/02/04/holocaust-day-isnt-what-it-used-to-be/

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including France and S+eden" are e9periencing an e9odus" +ith memberslea ing for /srael and other countries" many dri en by security concerns.

Danish film director :ars $on 7rier +as the target of

an in estigation for @o?ingly ha ing said that headmired 'itler during a press conference. nly agro eling apology sa ed him from being charged

Ai en the ery real problems of anti-Semitism and anti-Semitic iolence"support for the tough stance of French authorities" +hich is in line +ithse eral other uropean countries and supported by uropean human rightinstitutions" may be understandable. /n the shado+ of the NaBi era" anti-Semitism is seen as a cancer that must be radiated to pre ent its spread./n !anuary" Council of urope&s 'uman 4ights Commissioner Nils

#ui nie?s stated that uropean states should punish hate speech and thatstates +hich ha e not done so yet should reinforce their legislation toensure that the intentional" public condoning" denying or tri ialisation ofthe 'olocaust are punishable by effecti e" proportionate and dissuasi e

penalties.

7he uropean nion has adopted a frame+or? decision obliging allmember states to criminaliBe hate speech--and most uropean states hadalready complied. 5s laffaire Dieudonn demonstrates" France has

e9tremely harsh la+s and Dieudonn is not the only one falling afoul ofthem. So ha e fashion designer !ohn Aalliano and far-right politician!ean-#arie :e >en. /n 0122" Danish film director :ars $on 7rier +as thetarget of an in estigation for @o?ingly ha ing said that he admired 'itlerduring a press conference at the Cannes Film Festi al. nly a gro elingapology sa ed him from being charged.

/n fact it is e en illegal to ad ocate the boycotting of /srael (or othernations) under France&s anti-discrimination la+s. Eet the confluence of

increasingly draconian la+s targeting free speech and an increase in anti-Semitic attitudes should gi e la+ma?ers pause. /f" as the Council ofurope&s 'uman 4ights Commissioner insists" hate speech la+s are an

effecti e tool in combating anti-Semitism then +e should e9pect that thele els of anti-Semitism +ould ha e been significantly higher if these la+shad not been enforced--and the solution +ould be greater limits onfreedom of e9pression. %ut as the current enforcement of these la+s

http://humanrightscomment.org/2014/01/23/europe-still-haunted-by-antisemitism/http://www.timesofisrael.com/french-court-fines-boycott-israel-activists-for-discrimination/http://humanrightscomment.org/2014/01/23/europe-still-haunted-by-antisemitism/http://www.timesofisrael.com/french-court-fines-boycott-israel-activists-for-discrimination/

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sho+s" further tightening +ould se erely undermine one of thecornerstones of liberal democracy.

/ndeed" there is no e idence that such legislation has diminished anti-Semitism" and may ha e actually increased it. :i?e+ise" la+s againstdenying the 'olocaust ha e clearly failed to eradicate the problem" +hilethey may ha e e en encouraged 'olocaust denial by endo+ing it +ith a

eneer of heroism and intellectual martyrdom.

Such la+s also are inherently arbitrary in their scope and application.French philosopher %ernard 'enri :e y has been a staunch defender ofthe right to offend and blaspheme--+hen it comes to /slam. Eet he

igorously defends la+s against hate speech and 'olocaust denial. 5ndse eral #uslim states and organiBations ha e pointed to the ban against

'olocaust denial as a @ustification for demanding bans against/slamophobia" accusing uropeans of hypocrisy. #oreo er" se eralformer So iet states ha e demanded that uropean la+ also criminaliBethe denial of the crimes of Stalin and communism" again @ustifying thisdemand on e9isting la+s against 'olocaust denial.

7he nited States has seen high le els of anti-Semitic attitudes in the past" but addressed it +ithout resorting to restrictions on speech. 7he5D: has sur eyed anti-Semitic attitudes in 5merica since 2;

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religious" educational" and other ci il institutions" and through massmedia that ha e e9posed pre@udice to ridicule.

7he aforementioned sur eys may not be sufficient to ma?e any firmconclusions about correlation" and much less about causation. %ut otherstudies do suggest that +hat +e may call first freedoms --the freedoms ofconscience" e9pression and religion-- are much more li?elyto encourage than endanger tolerance and social peace. 7hus a 0122 >study found that countries that enforce blasphemy la+s e9periencesignificantly higher le els of social iolence than countries that do notenforce such la+s. ne need only thin? of the sectarian iolence isitedupon religious minorities in >a?istan" +hich igorously enforces its

blasphemy la+s" to realiBe that restricting first freedoms is no iable pathto defeating hatred and achie ing social peace in di erse societies.

uropean history also suggests the impotence of criminal la+ in thesematters. Notorious NaBi !e+-baiter !ulius Streicher +as t+ice imprisonedfor his anti-Semitic effusions during the eimar 4epublic" and inEugosla ia the criminal code stipulated that +hoe er incites or fansnational" racial or religious hatred or discord bet+een peoples andnationalities li ing in GEugosla iaH +ould be punished by imprisonmentof up to ten years. 5las" that la+ did nothing to change the attitudes thatmade possible the racist slaughter at Srebrenica.

hile there are important differences in history" culture and go ernancethat may help e9plain the differences in anti-Semitic attitudes bet+een the

.S. and urope" the positi e relationship bet+een first freedoms andtolerance in the .S. should inform uropean approaches to+ardcombating anti-Semitism and other forms of racism. hile it is crucialthat uropean go ernments and institutions condemn anti-Semitism"

uropeans cannot rely on go ernments to do the @ob of +eeding out suchattitudes for them" r on criminal la+s that erode fundamental freedoms.7hat is first and foremost a tas? for indi idual uropean citiBens and ci ilsociety. 5nd no ci il society has e er been strengthened by limiting theflo+ of democratic o9ygen and first freedoms.