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Coulter allegedly remarked that “[b]eing nice to people is, in fact, one of the
incidental tenets of Christianity (as opposed to other religions whose tenets are more
along the lines of ‘kill everyone who doesn’t smell bad and doesn’t answer to the
name Mohammed).” In the same article, a reference was also made to “[The Prophet]
Muhammad’s many specific instructions to kill non-believers whenever possible.” It
was reported that Ms. Coulter had made a number of similar comments regarding
Islam and Muslims in the past.
297. On 1 April 2004, 630 WMAL-AM radio talk show host Michael Graham in
Washington D. reportedly said: “I don’t wanna say we should kill ‘em all [Muslims],
but unless there’s reform [within Islam], there aren’t a lot of other solutions that work
in the ground struggle for survival.”
298. On 22 April 2004, radio host Jay Severin reportedly said during his talk show
on 96.9 FM Talk – WTKK that he “believe[s] that Muslims in this country are a fifth
column.… The vast majority of Muslims in this country are very obviously loyal, not
to the United States, but to their religion. And I'm worried that when the time comes
for them to stand up and be counted, the reason they are here is to take over our
culture and eventually take over our country.” Mr. Severin allegedly further declared,
in reply to a caller speaking of Muslims in the United States, “[y]ou think we should
befriend them; I think we should kill them.”
299. On 14 June 2004, the Editor-In-Chief of U.S. News & World Report, Mortimer
B. Zuckerman, reportedly stated in an editorial in that week’s issue that “Wherever
there is violence, there are Muslim radicals” and that “Islam is the core reason the
terrorists give for their killing. Murder is their religion.” Furthermore, Mr. Zuckerman
remarked that “Europe is threatened by mass migration from neighbouring Islamic
lands, young men bringing with them their radical faith and not much else.”
300. By letter dated 3 August 2004, the Government of the United States of
America responded that the First Amendment of the United States Constitution
provides that “Congress shall make no law abridging the freedom of speech”. This
principle, which for more than 200 years has been a cornerstone of democracy in the
United States, also finds expression in article 19 of the Universal Declaration of
Human Rights. It finds further expression, inter alia, in article 18 (1) and article 19 of
the International Covenant on Civil and Political Rights (ICCPR).
301. The United States stressed that no nation can develop politically or
economically without the ability of its citizens to openly and freely express their
opinions without a free print and broadcast media.
302. With respect to article 20 of the ICCPR, the Government noted that the
language was susceptible to an expansive interpretation that could run contrary to the
vigorous protection of the freedom of expression under the First Amendment of the
Constitution. For this reason, the United States had made the following formal
reservation to article 20 at the time it became party to the ICCPR:
“That Article 20 does not authorize or require legislation or other action by the
United States that would restrict the right of free speech and association
protected by the Constitution and laws of the United States.”