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10/6/10

The Netherlands: Are Geert Wilders and his lawyer Bram Moskowicz trying to ridicule the Dutch legal system ? ©

It is interesting to see how Geert Wilders and his laywer Bram Moszokowicz  are trying to turn this court case against Wilders  into a public spectacle, and more important, how they are trying to move the focus of the trial away from the prosecution claims that Wilders not only used discriminatory language against a religious faith, but also singled out specific ethnic immigrants as being unwelcome in the Netherlands.

The statements made by Mr. Wilders, and  if proven in court that he made them, are punishable by Dutch law (art. 147 Sr, art.137c Sr and art. 137d Sr.8.).

Among some of the Public statements Wilders made :  "if Muslims want to stay here, they must tear out half the Quran and toss it."  and  "close the borders, no more Islamic people into the Netherlands, many Muslims out of the Netherlands, denaturalize Islamic criminals."

Dutch and most European laws are contrary to the US First Amendment doctrine, which considers freedom of speech as an overruling  constitutional right, and by law allows all forms of  public or private expressions, be it discriminatory, anti-religious, hate enticing, pro-Nazi, or whatever.

Therefore, if during this trial the court in Amsterdam falls into Mr. Moszokowiczs trap by letting the case move into a public discussion about the existing Dutch laws versus freedom of expression (as interpreted in the US), it could turn into a very long case and probably also have political implications.

On the other hand, it can be expected that given the fact that Mr. Wilders, who is being prosecuted under Dutch law, and based on the available evidence of what Mr.Wilders has stated in public, could be found guilty and go to prison.  ©

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