Posted by Richard Willett - Memes and headline comments by David Icke Posted on 5 November 2022

Dutch law professor on David Icke ban: ‘No judge is going to accept this under these facts’

Last night it was announced that the Icke cabinet is refusing access to our country. According to Icke, this applies not only to the Netherlands, but to the entire Schengen area, which covers almost all of Europe. The Briton would speak next Sunday during a demonstration of Samen voor Nederland. Initially, it was to take place on Dam Square, but the municipality of Amsterdam moved it to Museumplein for fear of disturbances.

The letter Icke shares states that it is not inconceivable that his arrival at the demonstration will lead to a disturbance of public order, for example through a confrontation between demonstrators and counter-protesters. According to Jan Brouwer, that is still no reason to refuse him completely. “A judge will then say: then you just make sure that there are enough police on hand to guarantee safety. The government must abide by the rules of the game and, above all, must not lose itself in them. It seems that is the case here.”

The prohibition of censorship is deeply entrenched in the Dutch constitution: no one needs prior leave to reveal thoughts and feelings. “That is sacred to us,” says Brouwer. “It is a great asset. Otherwise we’ll get Russian states, or Chinese, or Korean.” That ban on censorship also includes the most nonsensical sounds. Brouwer: ,,Induce irritation, shock, sow unrest, call for resistance, it doesn’t matter. It all falls under freedom of expression.”

Don’t fall for a judge

The Amsterdam triangle (mayor, police and Public Prosecution Service) made a request to the organization of the demonstration to refrain from speaker Icke because of his ‘anti-Semitic and hurtful statements in the past’. His arrival would threaten public order. According to Brouwer, this is a ‘detour that is used more often’ to exclude certain people with a controversial background. “But a judge does not just fall for that, unless the cabinet has facts that have not yet become known, such as serious threats.”

The cabinet can only win a lawsuit if there is administrative force majeure, says Brouwer. He refers to Geert Wilders who was stopped by British customs at Heathrow airport in 2009 because he wanted to show the film Fitna in the English House of Lords. During a lawsuit, the British authorities were unable to clarify how showing the film in the House of Lords could disrupt public order. “I expect that to happen here too,” says Brouwer.

Made a right turn

The organization Samen voor Nederland states that they will contest the decision to ban Icke. That can happen quickly, says Brouwer. “In principle, a quick hearing can take place this afternoon.” Together for the Netherlands, Icke had plans to get Icke into our country through a lawsuit, but that does not seem to work for the time being. “We had contact with the IND this morning with the question whether we could institute summary proceedings to bring him to the Netherlands after all. But the only one who could challenge that is David Icke himself. We can only support him in this, but it remains to be seen whether he will challenge the refusal himself,” said Michel Reijinga of the organization.

The British conspiracy theorist has now turned around when it became known that the cabinet is refusing him entry to our country, the organization said. It is not yet clear whether he will appear on a live stream during the demonstration. On social media, supporters of Icke search for the identity of the writer of the letter. In the meantime, the name of an IND employee is also circulating on Twitter and Telegram.

The IND is aware of this. “The safety of our employees is of the utmost importance. If there are signs that this is at stake, we take them very seriously,” a spokesperson said.

This is what the ministry thinks

Justice Minister Dilan Yesilgöz thinks it is a good thing that Icke is not allowed in the Netherlands. If it is already known in advance what someone stands for and what that person is here to do and propagate, then it is better, in her opinion, that the person is not admitted, as has happened with hate imams before. The arrival of controversial persons is always considered on a case-by-case basis, she said before the cabinet meeting.

“Freedom of expression and the right to demonstrate is a great asset, but it is not unlimited.” The minister agrees that the boundary is sometimes not completely clear. “There is no checklist, but the framework is the constitution.” She referred to the turmoil caused by his announced arrival and then ‘it is healthy to relate to it’. According to her, it is also about the rights and freedoms of others that need to be protected.

Yesilgöz does not agree that there is a sliding scale, by refusing people who deliver unwelcome messages. “Normalizing something like anti-Semitism or conspiracy theories or all sorts of things like people call reptiles, that’s a sliding scale as far as I’m concerned.” State Secretary Eric van der Burg (Asylum), who has adopted the advice of the IND, is also not afraid of a sliding scale. He emphasizes that much more can be said in the Netherlands than in many other countries. ,,That’s also very good, you have to be able to say what you think. And people are also allowed to express conspiracy theories. I can think of anything about that, but that’s okay. There is only a difference between having unusual, weird or undesirable ideas and criminal acts.”

According to the minister, this is about anti-Semitism. And anti-Semitism is a crime. That is different from freedom of speech. Anti-Semitism has no place in the Netherlands. If there is public disorder or the threat thereof, you must also take measures.”

Profile:  This is David Icke, from goalkeeper to verbose conspiracy guru

Alien Reptiles

Icke is the propagator of a conspiracy theory that claims that humanity is secretly ruled by alien reptiles pretending to be humans. According to critics, the reptiles are a metaphor for a (partly Jewish) elite. “These ideas, however tacky, are no reason to put anyone’s foot down. Better to ignore someone like that, because now you’re just blowing it up and hurting opponents even more. Any psychologist or lawyer will agree with me: it’s best to just ignore such a man. Those few fools who enjoy this, let them.”

Wim Voermans, professor of constitutional law, has a different opinion. ‘I think it’s a sensible decision: the minister has this power. Sometimes a democracy is allowed to protect itself’, Voermans tweets.

Imams who had a reputation for being hate mongers or who incited violence have been refused, but those are the rare exceptions.

Jan Brouwer

Mayor Femke Halsema has the right to ban the demonstration in three cases: to protect the (physical) health of citizens, if traffic threatens to be disproportionately hindered or to prevent disorder. “And none of that matters here,” said Berend Roorda, associate professor at the University of Groningen, who specializes in demonstration law, in conversation with Het Parool.

Exceptional

The Immigration and Naturalization Service has the authority in the Netherlands to refuse entry to our country. According to experts, this only happens in highly exceptional cases, for example in the case of a person who is dangerous to the state, or if his arrival poses a threat to public order or national security. “Imams who had a reputation of being hate mongers or who incited violence have sometimes been refused, but those are really the rare exceptions,” said Brouwer.

Another rare example is the ban on the arrival of Turkish Foreign Minister Mevlüt Çavusoglu in Rotterdam in 2017. But that had nothing to do with possible statements by avusoglu; Rotterdam mayor Ahmed Aboutaleb was concerned that the dissension that prevailed in the Turkish community in the Netherlands over the minister could lead to unrest and tension, which it did.

Read More: Dutch law professor on David Icke ban: ‘No judge is going to accept this under these facts’

The Trap


From our advertisers