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	<title>Comments on: UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded from the UK</title>
	<atom:link href="http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/feed/" rel="self" type="application/rss+xml" />
	<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/</link>
	<description>Commentary on law, public policy, and more</description>
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		<title>By: The Weekly Wilders Round-Up &#171; Defend Geert Wilders</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-709957</link>
		<dc:creator>The Weekly Wilders Round-Up &#171; Defend Geert Wilders</dc:creator>
		<pubDate>Fri, 18 Dec 2009 19:14:39 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-709957</guid>
		<description>[...] Volokh Conspiracy &#8211; UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded fr...: The decision was made two months ago, but I think the written opinion has just become available, [...]</description>
		<content:encoded><![CDATA[<p>[...] Volokh Conspiracy &#8211; UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded fr&#8230;: The decision was made two months ago, but I think the written opinion has just become available, [...]</p>
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		<title>By: Martinned</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-709140</link>
		<dc:creator>Martinned</dc:creator>
		<pubDate>Thu, 17 Dec 2009 18:12:24 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-709140</guid>
		<description>@Dat Nouc: I&#039;m not sure if I would describe the problem with Pinochet as concerning his &quot;strong views&quot;.</description>
		<content:encoded><![CDATA[<p>@Dat Nouc: I&#8217;m not sure if I would describe the problem with Pinochet as concerning his &#8220;strong views&#8221;.</p>
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		<title>By: Martinned</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708985</link>
		<dc:creator>Martinned</dc:creator>
		<pubDate>Thu, 17 Dec 2009 16:03:04 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708985</guid>
		<description>Has it really only just become available? The easier version of the file is &lt;a href=&quot;http://www.bailii.org/uk/cases/UKIAT/2009/00050.html&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;, on bailii, but I&#039;m not sure how long it&#039;s already been there.</description>
		<content:encoded><![CDATA[<p>Has it really only just become available? The easier version of the file is <a href="http://www.bailii.org/uk/cases/UKIAT/2009/00050.html" rel="nofollow">here</a>, on bailii, but I&#8217;m not sure how long it&#8217;s already been there.</p>
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		<title>By: Dat Nouc</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708982</link>
		<dc:creator>Dat Nouc</dc:creator>
		<pubDate>Thu, 17 Dec 2009 16:02:17 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708982</guid>
		<description>Also interesting in light of the fact that UK government routinely made &#039;exclusion orders&#039; against members of Irish paramilitary organisations into the mid 1990s effectively barring it&#039;s own citizens in Northern Ireland from entry to the UK &#039;mainland&#039; of Great Britain. I wonder if any of these exclusion orders are still current?

Entering the UK is not always a good idea for people who hold &#039;strong views&#039; as General Pinoche, Robert Mugabe and a few other people have found out.

Personally, I think that the ruling was wrong - there are several strong arguments for excluding Yorkshiremen from the UK which would enjoy popular support among many UK citizens:-) Have any of you ever been to Sheffield?</description>
		<content:encoded><![CDATA[<p>Also interesting in light of the fact that UK government routinely made &#8216;exclusion orders&#8217; against members of Irish paramilitary organisations into the mid 1990s effectively barring it&#8217;s own citizens in Northern Ireland from entry to the UK &#8216;mainland&#8217; of Great Britain. I wonder if any of these exclusion orders are still current?</p>
<p>Entering the UK is not always a good idea for people who hold &#8216;strong views&#8217; as General Pinoche, Robert Mugabe and a few other people have found out.</p>
<p>Personally, I think that the ruling was wrong &#8211; there are several strong arguments for excluding Yorkshiremen from the UK which would enjoy popular support among many UK citizens:-) Have any of you ever been to Sheffield?</p>
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		<title>By: Ricardo</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708726</link>
		<dc:creator>Ricardo</dc:creator>
		<pubDate>Thu, 17 Dec 2009 05:25:36 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708726</guid>
		<description>It is good to see the UK at least partially smacked down for this.  In the past, it has engaged in a bit of grandstanding by making public its immigration blacklist so that the world could see all the people the UK was excluding in all its righteous indignation for voicing &quot;offensive&quot; views.  Michael &quot;Savage&quot; was only one of several foreigners the UK seems to have singled out for the purposes of grandstanding.

Naturally, the U.S. is hardly innocent in this area as well.  But a decision saying the UK may not arbitrarily exclude EU nationals because some government minister doesn&#039;t like what they have to say ought to pare down the blacklist a bit.</description>
		<content:encoded><![CDATA[<p>It is good to see the UK at least partially smacked down for this.  In the past, it has engaged in a bit of grandstanding by making public its immigration blacklist so that the world could see all the people the UK was excluding in all its righteous indignation for voicing &#8220;offensive&#8221; views.  Michael &#8220;Savage&#8221; was only one of several foreigners the UK seems to have singled out for the purposes of grandstanding.</p>
<p>Naturally, the U.S. is hardly innocent in this area as well.  But a decision saying the UK may not arbitrarily exclude EU nationals because some government minister doesn&#8217;t like what they have to say ought to pare down the blacklist a bit.</p>
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		<title>By: UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded from the UK &#124; Liberal Whoppers</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708703</link>
		<dc:creator>UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded from the UK &#124; Liberal Whoppers</dc:creator>
		<pubDate>Thu, 17 Dec 2009 05:03:17 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708703</guid>
		<description>[...] the rest here: UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded fr...   Share this [...]</description>
		<content:encoded><![CDATA[<p>[...] the rest here: UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded fr&#8230;   Share this [...]</p>
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		<title>By: Martinned</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708494</link>
		<dc:creator>Martinned</dc:creator>
		<pubDate>Thu, 17 Dec 2009 00:48:59 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708494</guid>
		<description>&lt;blockquote&gt;Note that the decision rests in considerable measure on internal European Union regulations having to do with freedom of movement among European states: &lt;blockquote&gt;As a result of the 2006 Regulations, introduced by the present government, a Dutchman has &lt;strong&gt;almost&lt;/strong&gt; the same right to visit London as a Yorkshireman has; and as a result of the Human Rights Act 1998, a Dutchman has the same right of freedom of expression as a Yorkshireman has.&lt;/blockquote&gt;&lt;/blockquote&gt;

European Law is a wonderful thing. That said, it is essential not to overlook the &quot;almost&quot; qualifier in the quote. In the landmark Van Duyn case, for example, the Brits were allowed to ban a Dutchwoman on the grounds that she was a Scientologist. 

(Although one can wonder to what extent that 1974 case is still good law. In subsequent free movement of goods cases, the ECJ has generally demanded that goods can only be banned from being imported if they are banned domestically as well. In Van Duyn, British citizens were (and are) not forbidden from joining the &quot;church&quot; of Scientology.)</description>
		<content:encoded><![CDATA[<blockquote><p>Note that the decision rests in considerable measure on internal European Union regulations having to do with freedom of movement among European states:<br />
<blockquote>As a result of the 2006 Regulations, introduced by the present government, a Dutchman has <strong>almost</strong> the same right to visit London as a Yorkshireman has; and as a result of the Human Rights Act 1998, a Dutchman has the same right of freedom of expression as a Yorkshireman has.</p></blockquote>
</blockquote>
<p>European Law is a wonderful thing. That said, it is essential not to overlook the &#8220;almost&#8221; qualifier in the quote. In the landmark Van Duyn case, for example, the Brits were allowed to ban a Dutchwoman on the grounds that she was a Scientologist. </p>
<p>(Although one can wonder to what extent that 1974 case is still good law. In subsequent free movement of goods cases, the ECJ has generally demanded that goods can only be banned from being imported if they are banned domestically as well. In Van Duyn, British citizens were (and are) not forbidden from joining the &#8220;church&#8221; of Scientology.)</p>
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		<title>By: Dr. Caligari</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708473</link>
		<dc:creator>Dr. Caligari</dc:creator>
		<pubDate>Thu, 17 Dec 2009 00:26:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708473</guid>
		<description>In the 1980s the US denied entry to George Woodcock. Woodcock, a Canadian, was denied entry because he was an anarchist. He was also a pacifist, in his 70s, and had no criminal record of any kind. He was also one of the most distinguished writers in Canada. This didn&#039;t get a lot of attention at the time, but I was aware of it and every time Reagan said something about how free we were I thought of Woodcock being turned back at the border. To me, this is one of the most stupid things the Federal Government has done in my lifetime.

GW&#039;s Wikipedia article (which doesn&#039;t mention his exclusion from the US) is here:

http://en.wikipedia.org/wiki/George_Woodcock

A long interview with GW from shortly before his death in 1994, which touches on his exclusion from the US, is here:

http://www.georgewoodcock.com/georgewoodcock3.html

Fianally, here is GW&#039;s bibliography. I admit I&#039;m inclined to admire someone who writes a really large number of books on a variety of subjects. GW maybe wasn&#039;t  Isaac Asimov&#039;s equal in this, but he wasn&#039;t too far behind:

http://www.georgewoodcock.com/bibliography.html

Hell, this guy was writing too much to make any trouble. It&#039;s a wonder he could have even found time to come to the US.</description>
		<content:encoded><![CDATA[<p>In the 1980s the US denied entry to George Woodcock. Woodcock, a Canadian, was denied entry because he was an anarchist. He was also a pacifist, in his 70s, and had no criminal record of any kind. He was also one of the most distinguished writers in Canada. This didn&#8217;t get a lot of attention at the time, but I was aware of it and every time Reagan said something about how free we were I thought of Woodcock being turned back at the border. To me, this is one of the most stupid things the Federal Government has done in my lifetime.</p>
<p>GW&#8217;s Wikipedia article (which doesn&#8217;t mention his exclusion from the US) is here:</p>
<p><a href="http://en.wikipedia.org/wiki/George_Woodcock" rel="nofollow">http://en.wikipedia.org/wiki/George_Woodcock</a></p>
<p>A long interview with GW from shortly before his death in 1994, which touches on his exclusion from the US, is here:</p>
<p><a href="http://www.georgewoodcock.com/georgewoodcock3.html" rel="nofollow">http://www.georgewoodcock.com/georgewoodcock3.html</a></p>
<p>Fianally, here is GW&#8217;s bibliography. I admit I&#8217;m inclined to admire someone who writes a really large number of books on a variety of subjects. GW maybe wasn&#8217;t  Isaac Asimov&#8217;s equal in this, but he wasn&#8217;t too far behind:</p>
<p><a href="http://www.georgewoodcock.com/bibliography.html" rel="nofollow">http://www.georgewoodcock.com/bibliography.html</a></p>
<p>Hell, this guy was writing too much to make any trouble. It&#8217;s a wonder he could have even found time to come to the US.</p>
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		<title>By: ADF Alliance Alert &#187; UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded from the UK</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708254</link>
		<dc:creator>ADF Alliance Alert &#187; UK Decision Concluding that Dutch MP Geert Wilders (a Harsh Critic of Islam) was Wrongly Excluded from the UK</dc:creator>
		<pubDate>Wed, 16 Dec 2009 21:26:13 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708254</guid>
		<description>[...] Volokh writes at the Volokh Conspiracy: &#8220;The decision was made two months ago, but I think the written opinion has just become [...]</description>
		<content:encoded><![CDATA[<p>[...] Volokh writes at the Volokh Conspiracy: &#8220;The decision was made two months ago, but I think the written opinion has just become [...]</p>
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		<title>By: troll_dc2</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708174</link>
		<dc:creator>troll_dc2</dc:creator>
		<pubDate>Wed, 16 Dec 2009 20:18:02 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708174</guid>
		<description>Michael Savage is not a citizen of a European Union country. So he can be excluded &quot;just because.&quot;</description>
		<content:encoded><![CDATA[<p>Michael Savage is not a citizen of a European Union country. So he can be excluded &#8220;just because.&#8221;</p>
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		<title>By: Doc99</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708150</link>
		<dc:creator>Doc99</dc:creator>
		<pubDate>Wed, 16 Dec 2009 19:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708150</guid>
		<description>I wonder if the UK Court Decision has implications for the UK&#039;s exclusion of talk show host Michael Savage?</description>
		<content:encoded><![CDATA[<p>I wonder if the UK Court Decision has implications for the UK&#8217;s exclusion of talk show host Michael Savage?</p>
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		<title>By: pireader</title>
		<link>http://volokh.com/2009/12/16/uk-decision-concluding-that-dutch-mp-geert-wilders-a-harsh-critic-of-islam-was-wrongly-excluded-from-the-uk/comment-page-1/#comment-708145</link>
		<dc:creator>pireader</dc:creator>
		<pubDate>Wed, 16 Dec 2009 19:49:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=23515#comment-708145</guid>
		<description>Professor Volokh -- &lt;em&gt;U.S. government [has] broad authority to exclude visiting aliens based on the content and viewpoint of their speech, even if the speech is constitutionally protected&lt;/em&gt;

But New York no longer has the authority to exclude an Ohioan, or vice versa. Like New York, the UK is now part of a broader union that guarantees its citizens&#039; freedom of speech, and of intra-union travel.

Kinda cool, really. Even when it benefits a dubious case like Geert Wilders.</description>
		<content:encoded><![CDATA[<p>Professor Volokh &#8212; <em>U.S. government [has] broad authority to exclude visiting aliens based on the content and viewpoint of their speech, even if the speech is constitutionally protected</em></p>
<p>But New York no longer has the authority to exclude an Ohioan, or vice versa. Like New York, the UK is now part of a broader union that guarantees its citizens&#8217; freedom of speech, and of intra-union travel.</p>
<p>Kinda cool, really. Even when it benefits a dubious case like Geert Wilders.</p>
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