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Religion & Law

: Religion Clause

Dutch Supreme Court Says Football Chant Violated Ban on Insulting of Religious Group

By Howard M. Friedman

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The Netherlands Supreme Court on Tuesday upheld a lower court's conviction and sentence of a football fan under Section 137c of the Dutch Penal Code that prohibits "insulting of a group of people because of their ... their religion or belief..." The conviction grew out of an odd football tradition in the country (explained by Counter Jihad). Before World War II, the Amsterdam team Ajax had many Jewish supporters from Amsterdam's large Jewish community. Supporters of other teams referred to Ajax fans as Jews as a term of abuse. After the Holocaust and World War II, Ajax supporters adopted the term Jews as a "badge of honor" and often used the Israeli flag as a symbol of support. However this led to the phenomenon of fans from opposing teams waving the Palestinian flag in opposition and engaging in anti-Jewish chants.

The chants are now banned in stadiums, but it was one of those chants by a fan in the street nearby that led to the conviction upheld this week. A supporter of the Hague football club ADO was arrested in 2006 for chanting: "Hamas, Hamas, Jews to the gas." The Supreme Court upheld his sentence of 80 hours of community service and two years' probation. According to Dutch News, the court rejected his defense that the chant was merely a way to provoke Ajax fans, and was not intended to be anti-Semitic.

Full post as published by Religion Clause on September 17, 2009 (boomark / email).

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