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Spinoza's extraordinary views on freedom have never been more relevant. In 2010, for example, the United States Supreme Court declared constitutional a law that, among other things, criminalized certain kinds of speech. The speech in question need not be extremely and imminently threatening to anyone or pose “a clear and present danger” . It may involve no incitement to action or violence whatsoever; indeed, it can be an exhortation to non-violence. In a troubling 6-3 decision, Holder v. Humanitarian Law Project, the Court, acceding to most of the arguments presented by President Obama's attorney general, Eric Holder, upheld a federal law which makes it a crime to provide support for a foreign group designated by the State Department as a “terrorist organization,” even if the “help” one provides involves only peaceful and legal advice, including speech encouraging that organization to adopt nonviolent means for resolving conflicts and educating it in the means to do so. (The United States, of course, is not alone among Western nations in restricting freedom of expression. Just this week, France — fresh from outlawing the wearing of veils by Muslim women, and in a mirror image of Turkey's criminalizing the public affirmation of the Armenian genocide — made it illegal to deny, in print or public speech, officially recognized genocides. I cited the case of Holder v. Humanitarian Law Project not to make a constitutional point — I leave it to legal scholars to determine whether or not the Supreme Court's decision represents a betrayal of our country's highest ideals — but rather to underscore the continuing value of Spinoza's philosophical one. (en) |
