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The Acquittal of Geert Wilders and Dutch Political Culture

24 Pages Posted: 8 Nov 2011  

Robert A. Kahn

University of St. Thomas School of Law (Minnesota)

Date Written: 2011

Abstract

The June 23, 2011 acquittal of Geert Wilders has been viewed as a victory for freedom of speech over multiculturalism. While containing an element of truth, this framing has limitations. First, even as Wilders’ “triumphed” over multiculturalism he still cast himself as a champion of Dutch tolerance. Second, Wilders’ victory was a narrow one. The court, while acquitting, noted that Wilders went right to the line of permissible speech. Wilders acquittal does not necessarily portend an end of Dutch exceptionalism or its hate speech laws. Instead, the trial was noteworthy for (i) its obsession with the Nazi past, (ii) its debate over the rights and duties of a politician, and (iii) the conflict that arose between one of Wilders’ witnesses and an appeals court judge who in 2009 ordered the prosecutor to bring charges against Wilders.

Keywords: Freedom of Speech, Islam, Netherlands, World War II, Muslims

Suggested Citation

Kahn, Robert A., The Acquittal of Geert Wilders and Dutch Political Culture (2011). University of St. Thomas Legal Studies Research Paper No. 11-31. Available at SSRN: https://ssrn.com/abstract=1956192 or http://dx.doi.org/10.2139/ssrn.1956192

Robert A. Kahn (Contact Author)

University of St. Thomas School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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