The judge(s). That's what their job title implies, isn't it?
Indeed, a judge has to intepret the law. I guess I'm just used to our judges erring on the side of free-speech.
It isn't as if Wilders just made one comment. He has been making anti-Islam comments for years.
So have I, so have a lot of Dutch people, I'm guessing. Should they all be prosecuted? It's a crazy religion, promotes the mistreatment of women and gays, and the countries where Muslims are a majority are hardly beacons of tolerance and enlightenment.
Did you notice that his murderer got life imprisonment (and lifelong means lifelong).
That's not my question: does Theo van Gogh bear any responsibility for his murder because he made "Submission"? Yes/No? You almost seem to be arguing that a woman wearing provocative clothing is partly responsible for being raped because she "incited" a rapist. This kind of thinking is why many Muslim women where burkahs- men, somehow, would not be able to contain themselves at the sight of a woman with actual flesh showing.
It was the Appeals Court. Did you read the thread? I wrote that at least half a dozen times. And his name is Wilders, with an 's' on the end.
An honest mistake.
Yes, the Appeals Court even
instructs the public prosecutor to prosecute Wilders. That means they see enough reason for a case, not that they say he's guilty - that's up to the District Court where he will be prosecuted. And then probably to the Appeals Court, the Supreme Court and the EHRC

.
The idea that he should be prosecuted is what bothers a lot of people.
And could you name a Religious Right nut who is worse than Wilders? I'm interested in the comparison. Did you read all the Wilders quotes from the verdict?
Where to begin?
These are all from one guy, Jerry Falwell:
"AIDS is not just God's punishment for homosexuals; it is God's punishment for the society that tolerates homosexuals”
"If you're not a born-again Christian, you're a failure as a human being”
"The ACLU is to Christians what the American Nazi party is to Jews” (Not ateempting to Godwin the thread. Falwell actually said this).
"Homosexuality is Satan's diabolical attack upon the family that will not only have a corrupting influence upon our next generation, but it will also bring down the wrath of God upon America.”
“[homosexuals are] brute beasts...part of a vile and satanic system [that] will be utterly annihilated, and there will be a celebration in heaven.”
http://thinkexist.com/quotes/jerry_falwell/2.html
Here's some from David Duke, former KKK leader and Louisiana State Representative:
"These Jews who run things, who are producing this mental illness - teenage suicide... all these Jewish sicknesses. That's nothing new. The Talmud's full of things like sex with boys and girls.”
“Our clear goal must be the advancement of the white race and separation of the white and black races. This goal must include freeing of the American media and government from subservient Jewish interests.”
"The Jews are trying to destroy all other cultures - as a survival mechanism - the only Nazi country in the world is Israel.”
http://thinkexist.com/quotes/david_duke/
Those are just two off the top of my head. Neither of these guys was ever prosecuted for any offense or incitement they may have caused. America has a proud tradition of allowing nutjobs (like Ann Coulter) to get on their soapbox.
Let's see what then-Minister of Justice Donner said according to the article:
Where does it say the Dutch consider introducing Sharia law? He merely said that if there were a 2/3 majority (etc.). Note the tense and aspect of the verb. You're quite misrepresenting this. Note also there's not a single party currently in Parliament in favour of this; there isn't even a single islamic political party.
I think the point was that people were schocked Donner would even consider the possibility of Sharia law in the Netherlands legitimally becoming a reality. Of course if enough people amended the consitution here in the U.S., we could have Sharia law, but we would never let the country get to the point where 2/3 would agree with Sharia law, and any politician (or judge) who suggests the America may someday have Sharia courts would have no political future. 9/11 woke more Americans up than Dutch, I think. But there may be hope for you Dutch yet:
"Since the release of Fitna, in these past few weeks, moderates across the couintry seem to have kept extremists under control. But tensions remain. According to a recent poll, 15% of the Dutch claim they would vote for an anti-immigration party,
while nearly half consider Islam a threat."
http://www.france24.com/en/20080418-netherlands-islam-cragg-ransom-wilders-immigration
"A poll of June 2004 found that 68% felt threatened by "immigrant or Muslim young people", 53% feared a terrorist attack by Muslims in the Netherlands, and 47% feared that at some point, they would have to live according to Islamic rules in the Netherlands.[26]"
http://en.wikipedia.org/wiki/Islam_in_the_Netherlands#cite_note-25
Wilders may, of course, argue before the court that his view is correct. The court may not agree with that view.
Oh, Wilders would have a field day in court. It would be like a 21st century version of the Scopes Monkey trial.