Monthly Archives: March 2017

UN experts see ‘alarming’ US trend against free speech, protest – Reuters

Posted: March 31, 2017 at 6:51 am

GENEVA Nineteen U.S. states have introduced bills that would curb freedom of expression and the right to protest since Donald Trump's election as president, an "alarming and undemocratic" trend, U.N. human rights investigators said on Thursday.

Concerns for free speech in the United States have risen in part because of the Republican Trump's antagonistic relations with prominent U.S. media, which he has branded "the enemy of the American people" as it has reported on policy missteps and dysfunction in his administration.

The push for stricter laws on expression has come as Trump's liberal foes have pursued public protest against his policies on issues ranging from immigration to abortion and climate change.

Maina Kiai and David Kaye, independent U.N. experts on freedom of peaceful assembly and expression respectively, said in a statement that the state bills were incompatible with international human rights law.

"The trend also threatens to jeopardize one of the United States constitutional pillars: free speech," they said in a statement, calling for action to reverse such legislation.

From the Black Lives Matter movement, to the environmental and Native American movements in opposition to the Dakota Access oil pipeline, and the Womens Marches, individuals and organizations across (American) society have mobilized in peaceful protests, Kiai and Kaye said.

They said it was their fundamental right to do so, but that bills in Republican-governed states like Indiana, Arkansas, Florida, Georgia, Indiana, Iowa, Michigan and Missouri sought to stop them exercising that right.

The civil rights movement known as Black Lives Matter has been fueled by a series of shootings of unarmed black men by white U.S. police officers that triggered national protests.

The U.N. experts' statement came a day after they criticized Russia's treatment of peaceful protesters who took to the streets following allegations of corruption against Prime Minister Dmitry Medvedev.

The U.S. State Department had also criticized Russia's handling of those protests, calling them an affront to democratic values.

Supporters of the U.S. state legislative action say it sums up the frustration some people feel about protests that get in the way of daily lives, and reflects a wish to maintain public safety. Free speech advocates say the bills are worrying, seeing them as opening the way to criminalizing peaceful protests.

The U.N. experts said several bills proposed in Colorado, North Dakota and Oklahoma targeted opponents of the Dakota Access Pipeline in North Dakota and would have "a chilling effect on environmental protesters".

Last month dozens of armed U.S. law enforcement officers swept through a protest camp near the site of the pipeline, clearing the gathering that for months served as a base of opposition to the multi-billion-dollar project.

In Missouri a bill proposed a seven-year prison term for "unlawful obstruction of traffic", while the Minnesota bill would criminalize peaceful protesters for participating in demonstrations that subsequently turned violent.

The U.N. experts said there was no such thing as a violent protest, only violent protesters. "One persons decision to resort to violence does not strip other protesters of their right to freedom of peaceful assembly," Kaye and Kiai said.

(Reporting by Tom Miles; editing by Mark Heinrich)

PARACHINAR, Pakistan A bomb apparently targeting a mosque in Pakistan's northwestern city of Parachinar killed at least 22 people on Friday and wounded dozens in an attack claimed by the Pakistani Taliban.

VALLETTA/BRUSSELS The European Union offered Britain talks this year on a future free trade pact but made clear in negotiating guidelines issued on Friday that London must first agree to EU demands on the terms of Brexit.

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Stand Up for Free Speech and the CEU – Foreign Policy (blog)

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Each year, usually in October, the staff of the Central European University Press meet with its advisory board, of which Im a member, in an elegant circular room just off the rectors office at the universitys headquarters in Budapest. The press is small, staffed by a young Hungarian team. Most of the titles that they publish sell in the hundreds or low thousands of copies, like many academic publishers lists. The meeting is orderly, respectful. It is a far from radical or revolutionary endeavor.

Yet this modest press and the university that houses it areunder direct attack by Hungarys right-wing prime minister, Viktor Orban, whose government has added an amendment to anti-immigration legislation that would regulate the movement of international staff and students for unspecified national security reasons. The Central European University (CEU) operates in the English language; its 1,440 students come from 108 nations; more than half the faculty and the large majority of the administrative staff are Hungarian; and the rector is the distinguished intellectual and former Liberal Party politician Michael Ignatieff, who is Canadian and married to a Hungarian. The effect of the proposed law would be to make it impossible for the university to continue its operations, according to the CEU.

But the real reason that the CEU has been targeted is the identity of its founder the financier and Open Society Foundations activist George Soros. The billionaire philanthropist funded the creation of the university in 1991. Since then, it has become one of the highest-ranked in Central Europe. But the universitys pedigree is not, apparently, enough to save it from association with the era after the fall of the Berlin Wall and the collapse of the former Soviet Union. Even though Orban personally benefited from a scholarship from Soros to studyat Oxford University, he leads a fiercely nationalistic government. The CEU has become a soft, handy political target. Soros, a liberal internationalist, is the antithesis of Vladimir Putin, a nationalist authoritarian who happens to be Orbans political role model.

And thats why the CEU matters. It is not a relatively small institution caught up in a local political spat; it is part of the larger test of Western liberal values. It is also a university, committed to learning, to actual facts, to rigorous scientific method, and to a wide and diverse student body. Its press is not a rival to the Oxford University Press or Harvards, but it publishes with integrity and supports scholarly expertise. Yet it is under existential threat.

Viktor Orban has spoken of his determination to pursue an illiberal democracy in Hungary, modeled on the Russian example. Clearly, it starts with the shuttering of free speech and inquiry. One of the special focuses of the CEU Press is Cold War studies. The lessons of that period are suddenly very necessary. Americans, who know how to defend First Amendment rights, need their government to fight for the CEUs right to speak, publish, and exist in an environment free from political harassment or legal peril. In other times, we could protest the kind of bullying intolerance shown by Orban through the U.S. ambassador, but the Trump administration has yet to appoint one in Hungary. So, we must shout all the louder.

Photo credit:ATTILA KISBENEDEK/AFP/Getty Images

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Pierce College Student Alleges Constitution Not Allowed To Be Distributed Outside ‘Free Speech Zone’ – CBS Los Angeles

Posted: at 6:51 am

March 30, 2017 11:16 AM

Kevin Shaw says First Amendment rights are under attack on campus. (Photo credit: Dawn Bowery/FIRE)

WOODLAND HILLS (CBSLA.com) A Los Angeles Pierce College student says he was prohibited from passing out copies of the U.S. Constitution outside the campus free speech zone.

A lawsuit filed by student Kevin Shaw against Pierce College and the Los Angeles Community College District (LACCD) alleges Shaws constitutional rights were violated in Nov. 2016 when was told he could not distribute literature outside designated spaces on campus.

Shaw says his goal on that day was to pass out Spanish-language copies of the Constitution along the main public walkway through the heart of Pierce College and recruit new members for his student group, Young Americans for Liberty.

The campus free speech zone, meanwhile, is comprised of a tiny area on campus measuring approximately 616 square feet and comprising about .003 percent of the total area of Pierce Colleges 426-acre campus, according to the lawsuit.

For perspective, if Pierce College were the size of a tennis court, the area where students are allowed to exercise their constitutional rights would be smaller than a standard iPhone, said Nico Perrino, spokesperson for the nonprofit Foundation for Individual Rights in Education (FIRE), which helped file the complaint.

Attorneys say Shaw was also told he was required to fill out a permit application to use the free speech zone, and that he would be asked to leave campus if he refused to comply.

When I attempted to hand out copies of the Constitution that day, my only intention was to get students thinking about our founding principles and to inspire discussion of liberty and free speech, Shaw said in a statement. I had no idea I would be called upon to defend those very ideals against Pierces unconstitutional campus policies. This fight is about a students right to engage in free thinking and debate while attending college in America.

In response to the lawsuit, LACCD consultant Yusef Robb released the following statement: The Los Angeles Community College District firmly stands behind every students right to free expression.

The LACCD free speech zone policy mirrors similar policies in place at community colleges and universities across the U.S. that have increasingly come under scrutiny from some lawmakers, who say such policies may actually have a chilling effect on student speech.

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Student leaders suggests improvements for UMN free speech policies – Minnesota Daily

Posted: at 6:51 am

Students may soon have clearer guidelines for how they can exercise speech on campus.

With several high-profile cases nationwide and at the University of Minnesota, the Student Representatives to the Board of Regents want the University to clarify its policies on campus free speech.

Free speech on college campuses has become a hot-button issue across the country the issue is already affecting our University, student representatives to the board Vice Chair Mike Kenyanya said Friday at the regents meeting.

While University President Eric Kaler has stated his commitment to free speech on campus, to make the Universitys policies clearer, the student representatives want the University to make a comprehensive, system-wide policy on student free speech by fall 2018.

They also want the school to see whether current policies need changes and if students need more free speech resources.

The student representatives also say they want regents to consult free speech statements already made by the Council of Graduate Students and the Faculty Consultative Committee.

They also want a central source of information, like a website, on free speech policies by fall 2018.

At the University, incidents like the 2015 arrest of student protesters in Morrill Hall and the 2016 vandalism of the College Republicans Build the Wall panel of the Washington Avenue Bridge, among others, led to discussions over the limit of free speech on campus.

At the meeting, Regent Darrin Rosha said the 2018 deadline was too distant. He said six months to a year would likely suffice or the project may lose momentum due to student leader turnover.

But Kenyanya said he wants enough time to ensure a comprehensive policy for all system campuses.

Nicholas Goldsmith, president of COGS, said above all, the University needs a unified policy, and a full consultative process is in order.

The University shouldnt mimic other colleges policies, he said, but instead should create one that reflects the Universitys unique history and values.

Dane Thompson, vice president of Professional Student Government, said a revision of current policies would help identify gaps caused by a lack of precedent or specific language that otherwise would go unnoticed.

Jane Kirtley, director of the Universitys Silha Center for the Study of Media Ethics and Law and a journalism and law professor, said the best way to combat free speech is with more speech.

When we drive speech and expression underground, we only encourage it, she said.

She said students need to know they are subject to the first amendment but many may not know the University can make time, place and manner restrictions.

Kirtley, Rosha and Thompson said they support the creation of a resource or website to list students free speech rights, but said they worried it may be lost among other links on the Universitys website.

[These policies] should be readily accessible, and it is sometimes very difficult to navigate the Universitys website, Kirtley said.

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Campuses Grapple With Balancing Free Speech and Security After Protests – New York Times

Posted: at 6:51 am


New York Times
Campuses Grapple With Balancing Free Speech and Security After Protests
New York Times
The university expressed support for free speech, while emphasizing that Mr. Spencer's remarks at one point he said that America belongs to white men did not reflect its values, said Amy B. Smith, a university spokeswoman. It also had to ...

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Napolitano’s Fox News Wiretapping Comment is Freedom of Speech – Observer

Posted: at 6:51 am

There is so much heatand passion surrounding Donald Trump that sometimes even very smart lawyers can lose their perspective. That is what happened last week when some members of the NJ State Bar Association warned that Judge Andrew Napolitano might be exposed to an ethics complaint because of his remarks on Fox News suggesting that the British government conspired with President Obama to wiretap Trump.

The outcry against Napolitano has become more absurd than the tweet from the president asserting the wiretapping allegation in the first place. As a Fox commentator, it is Napolitanos job to provoke reactions and to teach something about the law by entertaining a broad based television audience. Napolitano performsthat job brilliantly.

Napolitanos analysis of current events comes from a crisp and clearly articulated Libertarian perspective. His views are something you might expect to hear from Thomas Jefferson if he were alive and broadcasting at Fox. Like Jefferson, Napolitano holds an absolutist defense of personal liberty and comes from the perspective that the Constitution protects individual rights FROM excessive government intrusion.

Obviously, Napolitanos views cause him to have no shortage of detractors. However, when his critics attack the man rather than his views, they go too far.

Napolitano, a former New Jersey judge, is still a member of the New Jersey Bar, although he works primarily as a legal analyst for the media. His allegation that Obama asked a British intelligence agency to wiretap then-presidential candidate Trump caused controversy, not because of the allegation but because the President tweeted it as fact.

Not many news commentators get their remarks tweeted by the President of the United States and then become an international sensation. Instead of suspending Napolitano, Fox News should have given him a raise.

Fox News did the right thing by acknowledging that there was no evidence to support Napolitanos claims. The matter should end there. Suspending him was overkill. Even worse are the allegations that Napolitano may have violated the rules of attorney ethics. Those allegations are not only unfair, but they baselessly mischaracterize the nature of attorney ethics and demonstrate little understanding of the First Amendment.

Potential Ethical Violation

In most cases, a client or former client files an ethics complaint against an attorney. However, under New Jerseys Rules of Professional Conduct (RPC), other lawyers can also sound an alarm on their colleagues. Rule 8.3 states:

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyers honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

A group of law professors recently relied on Rule 8.3 to file an ethics complaint against Trump advisor Kellyanne Conway. It alleged that Conway engaged in conduct involving dishonesty, fraud, deceit or misrepresentation in violation of RPC Rule 8.4(c). In support, the complaint cited Conways reference to the nonexistent Bowling Green Massacre and her use of alternative facts. Speculation is now growing that Napolitano could also face similar charges.

The charges against Conway are a stretch, but using Rule 8.3 against Napolitano would be an absurdity. If someone thinks they have standing to do so and they survive a challenge to their standing, there is still a matter of the First Amendment to deal with.

Free Speech Protections

To pass muster under the First Amendment, governmental action based upon the content of speech must serve a compelling state interest, and be as narrowly tailored as possible to protect that interest. In the case of Napolitano, the state may arguably have an interest in prohibiting its licensed attorneys from making misleading statements on national television, but it would be a stretch to characterize the states interest in statements made outside of the practice of law as compelling. Even if it were, such an interest would clearly be outweighed by the interest in protecting free and open debate by members of the media, particularly with respect to political issues.

The bottom line is that many public officials and media commentators are also licensed attorneys. When they are not engaged in the practice of law and commenting on decidedly political matters, their freedom of speech should not be subjected to a heightened standard simply because they are members of the bar.

Who would ever tune in to listen to a lawyer commentator if they were barred from provoking their audience? For that matter, how many of the nations most talented and popular law professors would retain their licenses to practice law? Good teachers provoke thought. Good Television commentary provokes reactionsa tweet by a President and a reaction from the British Government is GREAT television commentary.

Put Napolitano back on the air and give him a raise!

Donald Scarinci is a managing partner at Lyndhurst, NJ-based law firmScarinci Hollenbeck. He is also the editor of theConstitutional Law ReporterandGovernment and Lawblogs.

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The responsibility of free speech – St. George Daily Spectrum

Posted: at 6:51 am

Harold Hickman, In My Opinion 6:16 a.m. MT March 30, 2017

Harold Hickman(Photo: SUBMITTED)

Lata Notts recent editorial in The Spectrum & Daily Newsnoted: Maybe its time for us to come to terms with the truth: While everybody loves the First Amendment in theory, nobodys all that fond of it in practice.

Well, here is one somebody who is not only fond of it, but will follow Voltaires seemingly bromidic statement: I disapprove of what you say, but I will defend to the death your right to say it.

Ms. Lott misses the point. The problem with free speech is that many who exercise it as professions fail to understand the added element of each freedom we all enjoy the responsibility that is attached to the freedom.

Freedom of speech should be exercised with the caveat that there are ethical responsibilities that should precede its use. In America, those ethics are grounded in the protection of the individual and the society from injury or harm. At the extreme that injury is covered by liable or defamation, but in lesser instances, those who exercise free speech and the corresponding freedom of the press should guard against causing physical, emotional or spiritual harm or damage to their audience.

It is in these situations where I believe our society and the press have overstepped their responsibility in the application of the use of freedom of speech. The cannons of ethics established by the society of journalists, in my estimation, is being violated every day by reporters, writers and editors who confuse reporting the news with editorializing. Much of this confusion is subtle a word here, an innuendo there. The slanting of a story so that it leads to an understanding by the reader or viewer not supported by the actual details is common. This is an example of the current problem with free speech.

The general public isnt as naive as it used to be. Most are well educated, discerning, sophisticated citizens who can tell when smoke is being blown at them. The publics perception of the credibility of their sources of information is currently suffering low acceptance because they dont trust those sources to give them unbiased facts.

Freedom of speech is critical to our society. Citizens must defend its openness but be hypercritical of its misuse.

Harold Hickman is a professor emeritus of mass communications at Northern Arizona University. He lives in St. George.

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Need to propagate Sufism in its right context: Dr Qasim – Kashmir Reader

Posted: at 6:49 am

SRINAGAR: The efforts of government to rejuvenate and revive the teachings and personality of Abhinav Gupta, a philosopher of Shaivism of 8th and 9th century is thought provoking, said Dr Muhammad Qasim, the chief of Muslim Deeni Mahaz (MDM). In a statement issued here, Dr Qasim said the efforts to start a pilgrimage to Abhinav cave in Arizal, Budgam in central Kashmir a couple of years ago and also a recent seminar held in Jammu University on Acharya Abhinav Gupta are very important events. Indian government by disseminating the teachings (Philosophy of Shaivism and the idea of Pantheism) of Abhinav Gupta wants to attain three objectives: To propagate the teachings of Shaivism especially the idea of Pantheism which is its inseparable part; to prove Sufism especially the teachings of Muslim saints as an offshoot of Shaivism; and to propagate the idea of monotheism as included in Shaivism in place of Islamic monotheism, he said. The MDM chief said the teachings of saints in Jammu and Kashmir are rooted in Quran and Sunnah not in Shaivism. Lives of Hassan Basari, Junaid Baghdadi, Zunoon-e-Misri, Imam-e-Ghazali, and Syed Abdul Qadir Jeelani are worth emulating in Islamic Sufism. Through these efforts, it is being tried to cut off Kashmiri Sufism from Arab and Central Asia and connect it with Shaivism and Abhinav Gupta. He said the similarities between Shaivism and Islamic Sufism are not due to any impression of former on the latter but because they are universal realities. We request the intelligentsia in Kashmir to keep a vigil on these efforts of the Indian government and propagate the ideas of Islamic Sufism in its right context and perspective, Dr Qasim said.

CIVILIAN KILLINGS, Dr Qasim, Indian Army, Kashmir conflict, Kashmir Dispute, Kashmir killings

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Adventist Church Goes Back to Court to Defend Sabbath Keepers – Adventist Review

Posted: at 6:49 am

Posted March 30, 2017

By: Kimberly Luste Maran, North American Division

On March 22, 2017, two former Kellogg employees made their appeal to the United States Court of Appeals for the Tenth Circuit after a lower court found insufficient evidence that the two Adventist plaintiffs were treated unfairly when they were fired for failing to work on Sabbath. A decision from the court of appeals, located in Denver, Colorado, is expected in approximately three months.

The United States District Court for the District of Utah granted Kelloggs motion for summary judgment on the claims for disparate treatment, reasonable accommodation, and retaliation on July 7, 2016. At that time the court also accordingly denied Richard Tabura and Guadalupe Diazs motion for summary judgment.

Tabura and Diaz were both fired in 2012 from their manufacturing jobs at a Kellogg USA, Inc. plant in Utah for missing work on Saturdays as they honored their religious belief to observe Sabbath. In 2011, Kellogg increased production and implemented a new work scheduling program known as continuous crewing. This program created four separate, rotating shifts in which employees were to work approximately two Saturdays a month26 Saturdays a year. While both plaintiffs made attempts to use paid days off and work swaps with other employees they eventually were assessed too many absence points within a 12-month period and, after what Kellogg describes as progressive-discipline measures were exhausted, were terminated.

The plaintiffs lost at the trial court level, said Todd McFarland, associate general counsel for the General Conference (GC) of the Seventh-day Adventist Church. The court said that Kellogg offering the use of their vacation time and swaps was enough. They didn't have to actually eliminate the conflict; they just had to give them the opportunity to do it, and that the fact that there wasn't enough vacation time or enough people to swap with wasn't Kellogg's problem.

The GC Office of General Counsel was part of the Tenth Circuit appeal. The appeal argues that the district court erred in holding that an accommodation can be legally sufficient even if it does not eliminate the conflict between a work requirement and a religious practice. It also contends that treating the forfeiture of vacation and sick time as a legitimate accommodation is not appropriate.

It's a cold comfort to an Adventist to say, You only have to break half the Sabbaths. If you don't have to eliminate the conflict, then that does no good, said McFarland. So this [case] is important to people of faith about what's required from employment to accommodate Sabbath.

For some, the irony is unavoidable. Kellogg, a food manufacturing company, was founded as the Battle Creek Toasted Corn Flake Company in 1906 by Will Keith Kellogg and John Harvey Kellogg. John Harvey, at the time, was a Seventh-day Adventist and director of the Battle Creek Sanitarium, owned and operated by the Adventist Church. The sanitariums operation was based on the churchs health principles, which include a healthful diet, regimen of exercise, proper rest, and abstinence from alcohol and tobacco.

According to the Kellogg website, the brothers changed breakfast forever when they accidentally flaked wheat berry. Will Keith kept experimenting until he was able to flake corn, creating the recipe for Kelloggs Corn Flakes. John Harvey eventually turned away from church beliefs, espousing what many believe was a form of pantheism.

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Why Sacrifices? – Algemeiner

Posted: at 6:49 am

Korban, animal sacrifice. Photo: Wikipedia.

Does Judaism really need animal sacrifices? Would it not be better off without them? After all, the sacrificial cult seems to weakenJudaism. What shoulda highly ethical religion have to do with the collecting of blood in vessels and the burning of animal limbs on an altar?

No doubt Judaism should be sacrifice-free. Yet it is not.

So, is the offering of sacrifices Jewish, or not? The answer is an unequivocal yes. It is Jewish, but it doesnt really belong to Judaism.

March 30, 2017 3:32 pm

If Judaism had the chance, it would have dropped the entire institution of sacrifices in the blink of an eye. Better yet, it would have had no part inthemto begin with. Think how much more beautiful the Torah would be without sacrifices how wonderful it would be if a good part of Vayikrawere removed from the biblical text, or had never been there in the first place.

So what are these sacrifices doing there?

The answer is that the Torah doesnt really represent Judaism. Not in its ideal form. Not in all its glory.

There are actually two kinds of Judaism. There is the Judaism of today and the Judaism oftomorrow. There is realistic Judaism and idyllic Judaism. What fills the gap between them is the world of halacha. Halacha is the balancing act between the doable and the ideal; between approximate means and absolute ends; between whatisand whatought to be. It is a great mediator, and a call for hope.

The Judaism of today is a concession to human weakness, but at the same time, a belief in the greatness and strength of man. It calls upon people to do whatever is in their power to climb as high as possible, but warns them not to overstep and fall into the abyss. Judaism asks humans to be magnificent beings, but never angels because to be too much is to be less than.

YetJudaism also believes that people may one day reach the point where whatwasimpossible mightbepossible: Whatought to bemight someday become reality. It is this gap that halacha tries to fill. Indeed, it is a mediator.

Many people believe that concessions to human weaknesses are incompatible with the divine will, which should not be compromised by human shortcomings.

But Judaism thinks otherwise.

Judaism is amused by Baruch Spinozas ideal world in which passions and human desires have no place, since they upset the philosophers good life ofamor intellectualis Dei(the intellectual love of God).

Spinozas philosophy is so great that, with perhaps a few exceptions, it is not viable. He proved the shortcomings of his own philosophy when he became enraged at the political murders of the Dutch influential De Witt brothers in 1672. He told the great philosopher Gottfried Leibniz that he had planned to hang a large poster in the town square, readingultimi barbarorum(extreme barbarians), but was prevented from doing so by his hostess who locked the door on him, as she feared that Spinoza himself would be murdered.

Perhaps Spinozas ethics arethe ideal, but how immature to believe that theyare attainable. How different his ethicswould have been had Spinoza married, fathered children and understood the limitations of daily life.

Halacha is pragmatic. It has no patience for Spinozas ethicsand no illusions about human beings. Indeed, it expects people to extend themselves to the limit, but it acknowledges the long and difficult road between the is and the ought-to-be. And it understands all too well that theought-to-bemay never be reached in a persons lifetime.

Judaism teaches that the Divine limits itself out of respect for the human being. It was God who created this imperfect person,so He could not have given the sthicsof Spinoza at Sinai; indeed, he could only give Divine, imperfect laws that deal with the here-and-now and offer just a taste of theought-to-be.

Judaism teaches that if the perfect is unattainable, one should at least try to reach the possiblethe manageable, that whichcanbe achieved. If we cant do it all, let us attempt to makesomeimprovement. If you must wage war, do it as ethically as possible. If universal vegetarianism is inconceivable, try to treat animals more humanely and slaughter them painlessly. That isdoableJudaism.

True, this is not the idealindeed, the Torah is sometimes an embarrassmentbut its all that Godcouldcommand at Sinai. Its not theought-to-beJudaism, but its abetter-than-nothingJudaism.

The great art is to make thedoableJudaism, with all of its problems, as ethical as possibleand instead of despairing about its shortcomings, to live it as joyfully as we can. As Spinoza taught us, Joy is manspassagefrom a lesser to a greater perfection.

Sacrifices are not part of theought-to-beJudaism. They are far removed from the Judaism that Spinoza dreamed of. But they are a realistic representation of thedoablewith an eye toward theought-to-be.

In one of his most daring statements, Maimonides maintained that sacrifices are a compromise to human weakness. The ancient world of idol worship was deeply committed to animal sacrifices. It was so ingrained in the way of life of the Jews ancestors that it was impossible to go suddenly from one extreme to the other. He also said that the nature of man will not allow him to suddenly discontinue everything to which he is accustomed. Therefore, God permitted the Jews to continue the sacrificial cult, but only for His service, and with many restrictions the ultimate goal being that with time the Jews would be weaned from this trend of worship(they would gofrom theisto theought-to-be).

By making this and similar statements, Maimonides no doubt laid the foundations for Spinozas dream of an ultimate system of ethics, just as he planted the seeds of Spinozas pantheism. But Maimonides realized that the time had not yet come, that it was still a long road from the reality to the dream.

In contradiction to his statements in theGuide for the Perplexed, Maimonides, in his famousMishneh Torah, spokeabout the need for sacrifices even in the future Temple. I believe he thus expressed his doubt that theought-to-beJudaismwouldever become a reality in this world.

Maimonides did not live in the Dutch town of Rijnsburg, in an iron tower far removed from the real world, as did Spinoza. Maimonides lived in a down-to-earth world full of human strife, problems and pain. He was a renowned halachist, and he knew that the halachic system is one that instructs man to keep both feet on the ground while simultaneously striving for what is realistically possible.

Still, perhaps the institution of sacrifice is grounded in deep symbolism, whose meaning and urgency escapes our modern mentality. The fact that idol worshipers made use of it in their abominable rituals doesnt mean that it cant be of great spiritual value when practiced on a much higher plane. And yet, thisdoesnt contradict the fact that itought to bedifferent, so that even the higher dimensions of sacrifices become irrelevant. When Judaism and Spinozas ethicswill one day prevail, there will indeed be no need for sacrifices.

But what happened in the meantime? The Temple was destroyed and sacrificial service came to an end. Wasthis a step forward, or backward? When religious Jews to this day pray for the reinstatement of sacrifices, are they asking to return to the road between theisand theought-to-be, between the dream and its realization? Or are they praying to reinstate sacrifices as a middle stage, only to eventually get rid of them forever?

We need to ask ourselves a pertinent question: Is our aversion to sacrifices the result of our supreme spiritual sophistication, which caused us to leave the world of sacrifices behind us? Or have we sunk so low that we arent even able to reach the level of idol worshipers who, however primitive we believe them to have been, possessed a higher spiritual level than some of us who call ourselves monotheists?

This question is of great urgency in a modern world that slaughtered six million Jews and continues to slaughter millions of other people. Have we surpassed the state ofisand are we on our way to theought-to-beJudaism? Or,are we on the brink of a Judaism that is not even at the stage ofis, but rather in a state of regression, while we convince ourselves that it is in a state of progression?

This isa haunting question, and one that we cannot escape.

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