16 May The Thomas More Center Invokes International Law to Protect Michael Savage?
16.05.09
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4 Comments
The Thomas More Center has a sent a curious and oddly reasoned letter to the U,S. Secretary of State Clinton, demanding that she pressure the UK government to allow controversial (but popular) radio talk show host Michael Savage to enter the UK. The Thomas More Center offers two international legal arguments in favor of a “right” for Savage to be admitted to the UK, the right to free expression in Article 19 of the ICCPR and Article 10 of the European Convention on Human Rights. Does the ICCPR free expression right apply to governmental decisions to admit or exclude individuals? This seems like pretty weak arguments to me, almost embarassingly weak, but maybe I am missing something.
L.S.,
To give them the benefit of the doubt, it might be that they were making more of a moral argument than a legal one, using legal language to make the argument sound more forceful. Alternatively, the argument might be that this decision by UK authorities is unlawful or at least legally suspect on the grounds that it is “arbitrary and capricious”, which is also a weak claim, but at least non-frivolous.
“Territory and jurisdiction” – Do UK treaty obligations under either instrument extend to where Michael Savage is in the United States?
When Savage appears at the border seeking entry as a foreigner, does international law permit the sovereign to determine whether this foreigner will be allowed into the realm or is persona non grata because of what he says?
It would seem this rule is as old as sovereignty.
If not, then please inform the U.S. Department of Homeland Security and tell them to stop blocking on ideological grounds certain foreigners from coming into the United States.
And the foreigner who sojourns in the realm is held to comply with the laws of that realm or be deported. So with Savage and so with David Duke in the Czech Republic.
Best,
Ben
Response…
Response…supervisors and managers suck!!!!