The court acknowledged that Father Ballester’s statements, while “unfortunate” did not cross the legal threshold for incitement to hatred and is not a hate crime
Newsroom (17/10/2025, Gaudium Press ) The First Section of the Provincial Court of Málaga has acquitted Father Custodio Ballester, Father Jesús Calvo, and layman Armando Robles of hate crime charges stemming from critical statements about Islam. The ruling, delivered today, affirms that the trio’s remarks fall under the protection of freedom of expression and do not constitute incitement to violence, marking a significant victory for free speech in Spain.
The court acknowledged that Father Ballester’s statements, while “unfortunate” and at times “Manichean” or rooted in “intransigent religious or ideological stereotypes,” did not cross the legal threshold for incitement to hatred. The decision, as reported by El Debate, brings to a close a contentious legal battle that began nearly a decade ago, spotlighting the delicate balance between religious critique and hate speech in a democratic society.
A Prolonged Legal Ordeal
The case originated in 2017, when Father Ballester’s public comments criticizing Islam drew scrutiny. The Málaga Prosecutor’s Office sought a three-year prison sentence, alleging that his remarks incited hatred against Muslims. During the trial, the defense argued that Ballester’s critiques targeted radical Islam and ideologies linked to jihadist terrorism, not the broader Muslim community. The court sided with this argument, emphasizing that democratic societies must permit robust debate, including questioning religious doctrines or highlighting perceived societal risks, without criminalizing such discourse.
A Symbol of Free Speech
The acquittal concludes a nearly decade-long saga that transformed Father Ballester into a symbol of the fight for free expression, particularly within religious contexts. The case sparked widespread debate in Spain about the limits of free speech, the role of religious figures in public discourse, and the potential misuse of hate crime laws to silence controversial opinions.
The ruling is seen as a triumph for those advocating for the right to express critical views without fear of legal reprisal. It reaffirms that freedom of expression, including the ability to critique ideologies, remains a cornerstone of Spain’s democratic framework.
A Beacon for Religious Freedom
For Spain’s Catholic community, the verdict offers reassurance. It signals that priests and laypeople can address perceived threats to their faith or society without facing judicial overreach. In an era marked by growing concerns over censorship and the pressures of political correctness, the court’s decision underscores that religious freedom and free speech retain their place in Spanish society.
The ruling also serves as a rebuke to what some see as the weaponization of legal systems to suppress dissenting voices. By affirming the right to speak boldly, the Málaga court has sent a clear message: critical discourse, even when provocative, is not synonymous with criminality.
As Father Ballester and his co-defendants move forward, their acquittal stands as a milestone in the ongoing struggle to protect open dialogue in Spain’s increasingly polarized public square.
- Raju Hasmukh with files from Info Vaticana
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