Blasphemy

Blasphemy and Law in the United States

Blasphemy Definition

In criminal law. To attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. A false reflection uttered with a malicious design of reviling God. Emlyn’s Pref. to 8 St. Tr. To willfully revile the Deity or sacred things. Malicious reproach of God, his name, attributes, or religion. 2 Bish. Crim. Law, § 76. In general, blashphemy may be described as consisting in speaking evil of the Deity with an impious purpose to derogate from the divine majesty, and to alienate the minds of others from the love and reverence of God. It is purposely using words concerning God calculated and designed to impair and destroy the reverence, respect, and confidence due to him as the intelligent creator, governor, and judge of the world. It embraces the idea of detraction, when used towards the Supreme Being; as “calumny” usually carries the same idea when applied to an individual. It is a willful and malicious attempt to lessen men’s reverence of God by denying his existence, or hia attributes as an intelligent creator, governor, and judge of men, and to prevent their having confidence in him as such. 20 Pick. (Mass.) 211, 212, per Shaw, C. J.

Blasphemy in the American Colonies

Blasphemy in the early America

The early legislation of the American colonies followed that of the mother country, and in some of them the crime of blasphemy was punished with death; but the penalty was mitigated before the establishment of independence and imprisonment, whipping, setting on the pillory, having the tongue bored with a red-hot iron, etc., were substituted. Several penalties against blasphemy are to be found in the laws of some of the New England States, according to which it is provided that, if any person shall blaspheme, by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or reproaching Jesus Christ or the Holy Ghost, or contumeliously reproaching the Word of God, consisting of the commonly received books of the Old and New Testament, he is liable to imprisonment for a term not exceeding five years. But in many States, the offense of blasphemy, not being a subject of special statutory provision, is only punishable either as an offense at common law, or a violation of the statute laws against profane swearing.

Such penal statutes against blasphemy as are not subversive of the freedom of speech or liberty of the press have, in the United States, been declared constitutional

Blasphemy at Present

The United Nations General Assembly passed several actions and resolutions (between 1999 and 2008 specially) which called upon the world to take action against the “defamation of religions.” Since 2001 there has been a clear split, with the Islamic bloc and much of the developing world supporting the resolutions, and mostly Western democracies opposing. Support has been waning in recent years, due to increased opposition from the West, along with lobbying by religious, free-speech, and human rights advocacy groups. Some countries in Africa, the Pacific, and Latin America have begun switching from supporting to abstaining, or from abstaining to opposing. For example, In July, 2011, the UN Human Rights Committee released a 52-paragraph statement, General Comment 34, concerning freedoms of opinion and expression. According to paragraph 48, “Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5, 17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to discriminate in favor of or against one or certain religions or belief systems, or their adherents over another, or religious believers over non-believers. Nor would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.

Blasphemy in Foreign Legal Encyclopedias

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Blasphemy Blasphemy in the World Legal Encyclopedia.
Blasphemy Blasphemy in the European Legal Encyclopedia.
Blasphemy Blasphemy in the Asian Legal Encyclopedia.
Blasphemy Blasphemy in the UK Legal Encyclopedia.
Blasphemy Blasphemy in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

In criminal law. To attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. A false reflection uttered with a malicious design of reviling God. Emlyn’s Pref. to 8 St. Tr. To willfully revile the Deity or sacred things. Malicious reproach of God, his name, attributes, or religion. 2 Bish. Crim. Law, § 76. In general, blashphemy may be described as consisting in speaking evil of the Deity with an impious purpose to derogate from the divine majesty, and to alienate the minds of others from the love and reverence of God. It is purposely using words concerning God calculated and designed to impair and destroy the reverence, respect, and confidence due to him as the intelligent creator, governor, and judge of the world. It embraces the idea of detraction, when used towards the Supreme Being; as “calumny” usually carries the same idea when applied to an individual. It is a willful and malicious attempt to lessen men’s reverence of God by denying his existence, or hia attributes as an intelligent creator, governor, and judge of men, and to prevent their having confidence in him as such. 20 Pick. (Mass.) 211, 212, per Shaw, C. J.

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Notice

This definition of Blasphemy Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Further reading

  • Maledicta: The International Journal of Verbal Aggression.
  • Levy, L. Blasphemy. Chapel Hill, 1993.
  • Comprehensive academic study comparing global legal approaches to blasphemy in light of the Jyllands-Posten controversy
  • Dartevelle, P., S Borg, Denis, Ph., Robyn, J. (eds.). Blasphèmes et libertés. Paris: CERF, 1993
  • Plate, S. Brent Blasphemy: Art that Offends (London: Black Dog Publishing, 2006)

See Also

Blasphemy

United States Constitution

According to theEncyclopedia of the American Constitution, about its article titled 418 BLASPHEMYDefaming religion by any expressing scorn, ridicule, or vilification of God, Jesus Christ, the Holy Ghost, the doctrine of the Trinity, the Old or New Testament, or Christianity, constitutes the offense of blasphemy. In the leading American case, Commonwealth v. Kneeland (1838) ,
(read more about Constitutional law entries here).

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