Jonathan Turley in the Washington Post explores at more length a point I made briefly in my TIME opinion piece: to honor the slain cartoonists of Charlie-Hebdo, we should be lifting legal constraints on what their successors tomorrow can draw and write and say, rather than, as France and other countries have been doing in recent years, bringing it under tighter legal constraint in the name of equality and the prevention of offense:

Indeed, if the French want to memorialize those killed at Charlie Hebdo, they could start by rescinding their laws criminalizing speech that insults, defames or incites hatred, discrimination or violence on the basis of religion, race, ethnicity, nationality, disability, sex or sexual orientation. These laws have been used to harass the satirical newspaper and threaten its staff for years.

The numerous court actions brought against Charlie Hebdo by religious groups (as of 2011, organizations connected with the Catholic church had taken the magazine to court 13 times, Muslim groups once) are only the beginning:

[Other] cases have been wide-ranging and bizarre. In 2008, for example, Brigitte Bardot was convicted for writing a letter to then-Interior Minister Nicolas Sarkozy about how she thought Muslims and homosexuals were ruining France. In 2011, fashion designer John Galliano was found guilty of making anti-Semitic comments against at least three people in a Paris cafe. In 2012, the government criminalized denial of the Armenian genocide (a law later overturned by the courts, but Holocaust denial remains a crime). …Last year, Interior Minister Manuel Valls moved to ban performances by comedian Dieudonné M’Bala M’Bala, declaring that he was “no longer a comedian” but was rather an “anti-Semite and racist.” It is easy to silence speakers who spew hate or obnoxious words, but censorship rarely ends with those on the margins of our society….

Recently, speech regulation in France has expanded into non-hate speech, with courts routinely intervening in matters of opinion. For example, last year, a French court fined blogger Caroline Doudet and ordered her to change a headline to reduce its prominence on Google — for her negative review of a restaurant.

Related: National Post and Jacob Gershman, WSJ Law Blog, on efforts to repeal Canada’s not-entirely-in-disuse blasphemy law; earlier here and here. And from Ireland, an urgent reason to repeal its own law of this sort: Muslim leader vows to “take legal advice if Irish publications …republish or tweet cartoons.” [Irish Times, Irish Examiner, Independent]

P.S. Graham Smith on Twitter: “What if every State represented in Paris today promised to repeal one law that restricts free speech?”

Filed under: art and artists, France, free speech, free speech in Canada, hate speech, Ireland