Why are Koran burnings allowed in Sweden? Freedom of expression and limitations.

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Controversy Surrounding Koran Burnings in Sweden Sparks Global Outrage
Published on July 20, 2023 at 20:45

Stockholm – The storming of the Swedish embassy in Iraq has ignited a heated debate over the permissibility of Koran burnings in Sweden. The incident has not only triggered widespread anger among the Muslim community but has also drawn criticism from global leaders, including Pope Francis himself.

The issue of why Koran burnings are not stopped in Sweden has become a pressing concern for many. While freedom of expression holds strong in the country, the police have so far been unable to deny permission for such demonstrations, as the line of what constitutes a limit has not been tested in court.

The police’s authority to halt a Koran burning demonstration is limited. They must consider the effects on public order, safety, infection control, and traffic at the site. Concrete risks directly related to the location of the event must be present for the police to intervene. Unfortunately, the actions of counter-demonstrators are often excluded from this assessment, leaving room for potential unrest.

This setback for the police has sparked further controversy, especially considering the potential consequences of increased terrorist threats. Despite attempts by the police to broaden the rules of the Public Order Act and citing assessments from security agency Säpo, they have consistently faced unfavorable court rulings. The general risk of terrorism in Sweden, unfortunately, does not factor into the assessment of banning Koran burnings.

Calls for government intervention have grown louder in response to the embassy storming and increased threats. Minister of Justice Gunnar Strömmer (M) has expressed the government’s commitment to analyzing court judgments and considering changes to the existing order. However, it is crucial to note that the government lacks the power to directly halt Koran burnings, as the police grant permission and the courts examine the legality of their decision.

The main hurdle in changing the ordinance lies in striking a balance between freedom of expression and protecting other societal interests. Policymakers must address the specific issues they seek to limit, such as burning religious scriptures or disrespectful acts towards a religion. The complexity of establishing clear boundaries on this matter poses a considerable challenge.

Although Koran burnings may not meet the legal criteria for incitement against an ethnic group, the ongoing preliminary investigations aim to determine if any individuals have crossed that line. It remains untested in court whether inflammatory statements or gestures have been made during these demonstrations. Legal expert Vilhelm Persson highlights the need for clarity, emphasizing that the absence of convictions for inciting ethnic hatred does not grant freedom to burn Korans at will.

Persson recommends trying Koran burnings under the Act on Outrageous Behavior, even if it may not completely prevent the practice, as it would at least ensure that there are consequences for such actions. This could potentially signal to the international community that Sweden takes a strong stance against religious disrespect.

As the controversy surrounding Koran burnings continues to intensify, the Swedish government faces mounting pressure to reevaluate the existing legislation and find a solution that respects both freedom of expression and societal harmony.

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