[Peace-discuss] Dodging a bullet on free speech issues in Sweden

[Phil Stinard]

All I can say is, thank God for the First Amendment.  We're safe in the US 
from these kinds of excesses (at least for the time being).

--Phil

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http://www.lifesite.net/ldn/2005/nov/05112902.html

Swedish Pastor Ake Green Acquitted of Hate Speech against Homosexuals

By Terry Vanderheyden

STOCKHOLM, November 29, 2005

Sweden’s Supreme Court has acquitted Pastor Ake Green of a charge of 
inciting hatred against homosexuals.

The 5-0 ruling, handed down today, maintained that Green’s sermon was 
protected by freedom of speech and religion. Green had been convicted and 
sentenced by a lower court in 2004 for his so-called hate speech. While the 
media have falsely claimed that Green referred to homosexuals as a 
"cancerous tumor" on society, Green told the courts he was referring to 
homosexual acts, not persons. In fact, the only similar reference in his 
2003 sermon was this line: "Sexual abnormalities are a deep cancerous tumor 
in the entire society." (Read the full sermon here: 
http://www.akegreen.com/sermon_transcript.htm) An appeals court later 
overturned the conviction.

Green told Swedish public radio after the ruling, "This means we can 
continue to speak the way we have, and therefore it feels very good that 
they have ruled in a way that there should not be any infringement in our 
way of preaching," according to an AP report. "I don't take back what I 
said," Green said at his Supreme Court hearing November 9.  "I still think 
we should be able to voice our convictions without ending up in jail and if 
that happens I will be showing how ridiculous things have got."

Chair of the court, Justice Johan Munck, commenting on the case, said that 
the judges had taken into consideration earlier judgements passed down by 
the Court of the European Union in Strassbourg, France.  "If Ake Green had 
been convicted for incitement due to his sermon, then in all probability 
Sweden would have been rebuked in the European Court," Munck said.

In an interview with Swedish Radio/Television, Munck added, "Considering the 
circumstances at hand, the Supreme Court finds that it’s likely that the 
European Court--if it were to adjudicate the case--would find it to be a 
violation of the European Conventions if Ake Green were convicted due to the 
statements in his sermon."

Green, pastor of a Swedish Pentecostal church in Kalmar, Sweden, was given a 
30-day suspended sentence in July, 2004, by a Swedish court for inciting 
hatred against homosexuals. He was prosecuted in January 2004 for "hate 
speech against homosexuals" for his sermon. In February 2005, an appeals 
court overturned the conviction, saying it is not unlawful to preach ones 
beliefs from the pulpit. See 
http://www.lifesite.net/ldn/2005/feb/05021105.html

Sweden’s chief prosecutor disagreed with the appeal court’s conclusion, 
claiming the sermon did in fact amount to hate speech, and ordered a review 
of the case.

Green was initially convicted under Sweden’s new hate crimes law, enacted in 
2003, which makes illegal any expressions of "disrespect" or "incitement" 
"towards a group of people," including groups with "sexual inclinations." 
Those who contravene the hate crimes law can be subject to up to two years 
in prison. If a statement against any particular group is "especially 
threatening or disrespectful" or "disseminated to a large number of 
persons," the crime is considered "major" and the perpetrator can be subject 
to up to four years in prison.

"Thank God there is some semblance of normalcy here," commented Jim Hughes, 
president of Campaign Life Coalition Canada and vice-president of the 
International Right to Life Federation. Hughes said he was very happy with 
the decision, emphasizing that "Democracy; the rights of churches to speak 
up... all of these things have been aided by this decision."

Hughes said he is very concerned with the way things are going--particularly 
in Canada, where "It started with the Canadian government telling pastors 
that they could not invoke the name of Jesus Christ" at a memorial service 
for passengers of Swiss Air Flight 111 that went down over Peggy’s Cove, 
Nova Scotia. Hughes related similar events, where Christian pastors, for 
example, were instructed not to pray at a memorial service for victims of 
the September 11 terrorist attack in New York City, attended by 80,000 at 
Parliament Hill. Hughes described such actions by Canadian officials as 
"nonsense."

On the other hand, the Swedish ruling is a sign of hope, he said. "It’s a 
very positive ruling and we thank God for it."

Focus on the Family Director of International Government Affairs Yuri 
Mantilla, an international human-rights attorney, also welcomed the news 
that Ake Green was acquitted by that nation's highest court:

"Today we have seen Sweden’s Supreme Court uphold true human rights, the 
right to freedom of religion and freedom of expression. Pastors across that 
country can now exercise their human rights, without fear of going to prison 
for transgressing the hate-crimes law used to prosecute Pastor Green. The 
ruling is consistent with natural law and norms recognized by the 
international community, which a lower court had violated with the 
conviction of Pastor Green."

"It is important to understand exactly what was at stake with this case: the 
defense of fundamental human rights and a precedent that sets a standard 
regarding the right to religious freedom and the right to freedom of 
expression. The effort to send Pastor Green to jail is an example of the 
dangerous implications of pro-homosexual legislation. Today’s ruling is a 
victory for those who believe in true human rights and in the key importance 
of religious freedom around the world."

See related coverage:

Swedish Pastor Defends Sermon on Homosexuality before Supreme Court
http://www.lifesite.net/ldn/2005/nov/05110906.html

Homosexual Hate Crime Trial of Swedish Pastor Used as an Opportunity for 
Evangelization
http://www.lifesite.net/ldn/2005/nov/05111504.html

Swedish Pastor Sentenced to Month in Prison for Preaching Against 
Homosexuality
http://www.lifesite.net/ldn/2004/jul/04070505.html