Bonus: “Knowledge starts as offendedness”: new Jonathan Rauch video interview for FIRE on free speech from the Salman Rushdie case to now.
- Boss Tweed, in legend, railing against cartoonists: “I don’t care so much what the papers write about — my constituents can’t read — but damn it, they can see pictures.” [David Boaz, Cato] “Jyllands-Posten Not Reprinting Charlie Hebdo Mohammed Cartoons Because ‘Violence Works'” [Ed Krayewski, Reason]
- “Police Scotland will thoroughly investigate any reports of offensive or criminal behaviour online and anyone found to be responsible will be robustly dealt with.” That includes TV personalities’ tweets disparaging to Glasgow [BBC, Alex Massie/Spectator, Elizabeth Nolan Brown] More: Calls mount for repeal of Australia Section 18C speech-crime law, which would ban the French magazine Charlie Hebdo if someone tried to publish it down there [Australian, Sydney Morning Herald, earlier on Andrew Bolt case]
- “Hate speech” concept got rolling when Stalin used it as weapon against democracies [Jacob Mchangama, Hoover, a while back] More on history of speechcrime: antebellum North (not just South) repressed abolitionist opinion, and how the great Macaulay erred on blasphemy law under the Raj [Sam Schulman, Weekly Standard, also a while back]
- “Campaign Finance Laws Don’t Clean Up Politics, But Do Erode Our Freedom” [George Leef, Forbes]
- In case against personal injury lawyer/legal blogger Eric Turkewitz, court rules that critical commentary about medical examiner is protected opinion [Turkewitz, Daniel Fisher/Forbes, Tim Cushing/TechDirt]
- “It is unusual for Swedish courts to hand out prison terms for art works.” [The Guardian on Dan Park case]
- Australian man arrested after loitering around campaigners of incumbent political party wearing “I’m with stupid” T-shirt [Guardian]
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?”
If you defend freedom of speech today, realize that “blasphemy” is its front line, in Paris and the world. …
Most of the prestige Western press dodged the running of the [Danish Mohammed] cartoons, and beneath the talk of sensitivity was often simple fear. As journalist Josh Barro noted today on Twitter, “Islamists have by and large succeeded in intimidating western media out of publishing images of Muhammad.” …
[On the modern European rise of laws against “defamation of religion” and related offenses]: One way we can honor Charb, Cabu, Wolinski, Tignous, and the others who were killed Wednesday is by lifting legal constraints on what their successors tomorrow can draw and write.
Also recommended, this thoughtful Ross Douthat column on blasphemy and religious offense. Douthat is not enthusiastic about blasphemy generally, but makes an exception for instances where it is done in defiance of grave dangers. “If a large enough group of someones is willing to kill you for saying something, then it’s something that almost certainly needs to be said … it’s precisely the violence that justifies the inflammatory content. … if publishing something might get you slaughtered and you publish it anyway, by definition you *are* striking a blow for freedom, and that’s precisely the context when you need your fellow citizens to set aside their squeamishness and rise to your defense.”
“So many of Charb’s fellow journalists have long been aware of these threats, and have said nothing,” writes Mark Hemingway in the Weekly Standard. Jytte Klausen, author of a book on the Danish cartoon episode, in Time: “Over the past five years, [the editors of Charlie-Hebdo] have been left alone standing in defense of press freedom.” And Alex Massie at The Spectator:
[The 1989 fatwa against Salman Rushdie] was a test too many people failed back then. We have learned a lot since then but in many ways we have also learned nothing at all.
In 2012, Rushdie wondered if any publisher would have the courage to endorse The Satanic Verses if it were written then. To ask the question was to sense the depressing answer. They would not.
As for the present day, CNN, NYT, AP, NBC, ABC, the BBC, Guardian, Telegraph, and the CBC, will *not* be running Charlie-Hebdo cartoons, though a number of American publications did so, including Daily Beast, Vox, and Bloomberg. No UK paper on Thursday morning runs the cartoons on its cover — though the Berliner-Zeitung in Germany publishes a full spread of them.
23 cartoonists respond [BuzzFeed]. Claire Berlinski’s firsthand account of the attack scene, and Charb’s now-famous “die standing” vow. Andrew Stuttaford at Secular Right on whether anything will now change in Europe’s slow constriction of free speech: he fears not (& Hans Bader, CEI).
Had there been any doubt that the freedom of speech and expression of the West is under siege from violent Islamism, it ended in the scene at Paris satirical magazine Charlie-Hebdo, assaulted by Islamist gunmen in a siege that has left twelve dead. Early reports indicate careful planning: the attack took place during a morning staff meeting at which top talent had gathered, and the murderers are said to have been equipped with a list of artists whose work they deemed disrespectful of Islam. At least four leading French cartoonists were killed.
It is one of the darkest days of the new century so far for the cause of free expression. But it is far from an unexpected day. The portents have been building for years: in the way the Danish Jyllands-Posten cartoonists, like author Salman Rushdie before them, had to go into hiding over supposed blasphemy; in the 2011 firebombing of Charlie-Hebdo, covered by the Weekly Standard here; in the way the French government had repeatedly pressured Charlie-Hebdo not to, well, go so far in giving offense [The Guardian]. Even after today’s events, many Western broadcasters and publishers continue to pixilate or blur out the Charlie-Hebdo images — not the images of slaughter in Paris streets, but mere cartoon images of men in Middle Eastern garb.
And yes, fear has shaped the actions of publishers in the United States too. Where Charlie-Hebdo was courageous on the Mohammed cartoons, Yale University Press was oh so craven, as the late Christopher Hitchens pointed out in Slate [more: Guardian; note also the history of the online, mostly U.S.-originated “Everybody Draw Mohammed Day“]
In a new Cato Institute book entitled The Tyranny of Silence: How One Cartoon Ignited a Global Debate on the Future of Free Speech, discussed at more length by Kat Murti at Cato at Liberty, Danish journalist Flemming Rose, who was at the center of the Motoons controversy, traces the grim aftermath of that controversy in the self-silencing of Western opinion. [more coverage here, as well as a Law and Liberty podcast]
The danger now is not that there will be no outpouring of solidarity and grief and indignation in coming days, in France and around the West. Of course there will. The danger is that after the Charlie-Hebdo story passes from the headlines and other stories take its place, writers and publishers and artists and thinkers in the West will adjust to a new reality of fear, stifling the output of their minds and pens and keyboards for fear of giving provocation. If they don’t adjust, there are legal, insurance, and risk advisors at publications and universities who will be willing to do it for them.
And maybe lawmakers as well. Already, blasphemy laws are back on the march in Europe, after many years in which it was assumed they were a relic of the past. They must go no further. The best way to show resolution is to remove, not add, legal penalties for speech that offends (some) religious sensibilities.
From journalist David Jack on Twitter:
— David Jack (@DJack_Journo) January 7, 2015
A comment of mine, also on Twitter:
— Walter Olson (@walterolson) January 7, 2015
- In Britain, Conservative Party proposes pullback from involvement in European Convention on Human Rights [BBC, Telegraph with more coverage, Isabel Hardman/Spectator, Economist, Jon Holbrook/Spiked, Adam Smith Institute, Dominic Grieve/Prospect, Basak Cali/OJ]
- Lessons of forgotten debates in U.S. history: “Constitutional problems with international courts” [Eugene Kontorovich]
- “The United Nations is also pressuring countries, particularly Japan, to enact anti-hate speech laws.” [Elizabeth Nolan Brown]
- “How the Supreme Court Has Limited Foreign Disputes from Flooding U.S. Courts” [George T. Conway III, John Bellinger III, R. Reeves Anderson, and James Stengel for the Chamber’s Institute for Legal Reform via D&O Diary]
- Why U.S. ratification of the Convention on the Rights of the Child would be pointless [Julian Ku/OJ]
- “I despise North Korea human rights violations as much as anyone, but I’m skeptical that US tort system is answer.” [@tedfrank on Twitter; D.C. Circuit opinion in Kim v. DPRK]
- Critique of international human rights treaties as having done little to reduce abuses of rights [Eric Posner, The Guardian] Some human rights clinics at law schools like Yale “are very close to pure political advocacy groups” [Julian Ku on another Posner article]
- Long before North Korea “Interview” episode, Hollywood was caving repeatedly to power-wielders [Ron Maxwell, Deadline] Relevant: “A Tyranny of Silence,” new book by Danish-Muhammad-cartoons editor Flemming Rose published by Cato Institute [Kat Murti, earlier on the Danish cartoons, related Liberty and Law]
- Score 1 for First Amendment, zero for Prof. Banzhaf as FCC rejects “Redskins” broadcast license attack [Volokh, earlier including the prof’s comment on that post]
- Court dismisses orthopedist’s defamation suit against legal blogger Eric Turkewitz [his blog]
- “Hate speech” notions reach the Right? Author claims “justice” would mean incitement “charges” vs. liberal talkers [Ira Straus, National Review]
- Wisconsin prosecutors said to have eyed using John Doe law to aim warrants, subpoenas at media figures Sean Hannity, Charlie Sykes [Watchdog] More: George Leef on California vs. Americans for Prosperity;
- “British journalist sentenced for questioning death toll in Bangladeshi independence war” [Guardian] Pakistan sentences Bollywood actress Veena Malik to 26 years for acting in supposedly blasphemous TV wedding scene [The Independent] Erdogan regime in Turkey rounds up opposition media figures [Washington Post editorial]
- “Is it a crime to say things that make someone ‘lack self-confidence in her relations with the opposite sex and about her body-build’?” [Volokh; Iowa Supreme Court, affirmed on other grounds]
- “Court agrees that Google’s search results qualify as free speech” [Megan Geuss, ArsTechnica]
- “Manassas detective in teen sexting case sues teen’s lawyer for defamation” [Washington Post]
- Reports of SLAPP suit out of Chicago not quite as initially portrayed [Ken at Popehat]
- Compelled-speech update: Lexington, Ky. anti-bias commission orders employee training for t-shirt maker that objected to printing gay-pride messages [Kentucky.com, earlier]
- “NY high court says anti-cyberbullying law won’t pass First Amendment muster” [ABA Journal] New Arizona law against sending naked photos without subject’s consent could criminalize many sorts of speech [ACLU]
- UK scheme to muzzle nonviolent “extremists” just as horrid as it sounds, cont’d [Brendan O’Neill/Reason, earlier] Political director of U.K. Huffington Post calls for “sanctions” for press outlets that engage in “dishonest, demonizing” coverage of Muslims, immigrants, and asylum seekers [Guardian]
- SCOTUS should hear case re: right to engage in political advocacy without registering with government [Ilya Shapiro and Trevor Burrus, Cato; Vermont Right to Life Committee v. Sorrell]
- Consumer non-disparagement clauses lead weight-loss company down bumpy legal road [Adam Steinbaugh, Ken White/Popehat, and more]
- Police union defends St. Louis officer who called business in official capacity to say its employee was criticizing police on Twitter [Scott Greenfield; Elizabeth Nolan Brown]
- “The moral McCarthyism of the war on lads” [Brendan O’Neill, Spiked (U.K.), related]
- “Hey, liberals: Criminalizing hate speech will inevitably backfire” [Elizabeth Nolan Brown/The Week]
- Law professor: what it was like to be sued over what I wrote about someone’s case [Zachary Kramer, Prawfs, more]
- “EFF To NAACP: Trademark Isn’t For Censoring Your Critics” [Timothy Geigner, TechDirt]
- Judge Kane upholds right of Diana Hsieh’s Coalition for Secular Government to express opinion on ballot initiative without registering with state of Colorado [Ari Armstrong, The Objective Standard via Scott Greenfield]
- “Tenured Wisconsin Prof Sues Former Student Over Online Comments on Her Teaching” [Caron/TaxProf]
- Recent Paul Alan Levy profile: “The web bully’s worst enemy” [Washingtonian] HHS signals it won’t pursue case against blogger [Levy, earlier] Arizona Yelp case angle [Scott Greenfield]
- Get your ideas out of town: threats against hotel “have escalated to include death threats, physical violence against our staff and other guests” [Deadline Detroit; “men’s rights movement” conference]
- UK police investigate Baptist church after “burn in Hell” sign reported as “hate incident” [Secular Right]
- Please don’t give him ideas: “Should it be against the law to criticize Harry Reid?” [Trevor Burrus, Boston Herald]
- “MAP: The places where blasphemy could get you punished” [Washington Post]
- Only three states – Wisconsin, Michigan, and Kansas — have laws inviting vengeful secret John Doe probes [Ilya Shapiro, earlier]