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Adding Fuel to the Fire: Justifying Iraq's Media Incitement Laws
Published online by Cambridge University Press: 28 February 2019
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With its improving stability and approaching independence, Iraq must decide a centuries-old question: which is more important, liberty or security? This Article addresses this question in the realm of Iraq's freedoms of the press.
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References
1 Brian Katulis, Freedom House, Liberated and Occupied Iraq: New Beginnings and Challenges for Press Freedom (2004), available at http://www.freedomhouse.org/template.cfm?page=131&year=2004&essay=12.Google Scholar
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31 Id.Google Scholar
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35 CMC's Interim Broadcasting Programme Code of Practice, § 1, 1.1 (2004).Google Scholar
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37 See, e.g., Brandenburg, 395 U.S. at 445. (stating that mere advocacy of violence is protected speech).Google Scholar
38 Policy Recommendations, supra note 2 at 38.Google Scholar
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40 Al-Jazeera bureau ordered closed, St. Petersburg Times (Fl.), August 8, 2004 at 19A.Google Scholar
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50 Egypt Pulls Plug on Al-Zawraa, AME INFO, Feb. 26, 2007, http://www.ameinfo.com/111837.html.Google Scholar
51 This does not mean other uses have not occurred, as watch group reports typically have a 1–2 year lag. Searches of newspaper articles and Google, however, also failed to show Order 14 uses.Google Scholar
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86 Id. at 125 (describing a four-stage process to a “conflict media: l)a strong ideology 2)control over a mass medium/media 3) psychological preparation to hate and 4) a call to violence. Al-Marashi describes the third step as “the most crucial” as it prepares the audience for violence. An important part of the preparation is misinformation: “as an uninformed audience is easier to manipulate.” Preparation includes presenting rumors and conspiracies to the public “as the opinion of the ‘ordinary man’ of that particular ethnic or sectarian group” so as to deepen factions. Preparation also includes “framing peace with other groups as ‘impossible’ and framing those who seek reconciliation as ‘traitors'” as well as “demonizing” and “dehumanizing” other groups. Id.Google Scholar
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128 On The Media: Digging Our Own Grave (NPR Radio broadcast May 7, 2004), available at http://www.onthemedia.org/transcripts/2004/05/07/02. The broadcast featured guest Steven Schwartz from the Weekly Standard, who criticized Iraq's incitement laws. He said that when the First Amendment passed and over the history of the United States, “this was a pretty chaotic country. We had come out of the Revolution; there were rebellions; there were Indian wars; slave rebellions had begun….” Id.Google Scholar
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137 Finan, supra note 155, at 9–10. In Schenck, the Court unanimously upheld the conviction of the American Socialist Party General Secretary General who distributed 15,000 leaflets to recently drafted men. 249 U.S. at 47. The leaflets said the draft was “involuntary servitude,” and motivated by capitalist greed. It urged the men to “[a]ssert your rights–Do not submit to intimidation.” Charles Schenck spent six months in prison. Alex McBride, Landmark Cases: Schenck v. U.S. (1919), PBS, http://www.pbs.org/wnet/supremecourt/capitalism/landmark_schenck.html.Google Scholar
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