Posts Tagged ‘Ireland’

“In the name of equality and fraternity, liberty has been curtailed in France.”

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?”

“Drug dealer gets €11k over Tesco sacking”

Annals of European employment law: “The Irish arm of supermarket giant Tesco has been ordered to pay a convicted drug dealer €11,500 for unfair dismissal.” The Employment Appeals Tribunal (EAT) found that the market should have considered sanctions less severe than dismissal given that the employee had cooperated with its process and that a manager admitted there was no evidence of public awareness of the employee’s legal troubles, which eventuated in a guilty plea and a suspended jail sentence. [Evening Herald (Ireland)]

January 29 roundup

  • In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause]
  • Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier]
  • “Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz]
  • Disappointing: Transportation Sec. LaHood said to be “sticking around for a while” [Roads and Bridges, earlier] That was quick: only hours later, he says he’s leaving after all [WaPo]
  • It became necessary to destroy the sex workers in order to save them [Melissa Gira Grant/Reason]
  • Profile of lefter-than-thou NY attorney general Eric Schneiderman [NY Mag]
  • As rural pub tradition declines, Irish government rejects proposal to ease DUI laws [AP]

Joyce copyright expires

Will I raise a glass to toast the Irish author’s long-awaited return to the public domain? Yes I said yes I will yes [Gordon Bowker, Independent, earlier here, here, and here]

But note: The jubilation is over the entry of the author’s work into the public domain in the European Union; in the United States most of the author’s writings remain tied up for a long time to come. Details here (thanks commenter JWB).

September 2 roundup

  • Cops in London borough “remove valuables from unlocked cars to teach the owners about safety” [UPI, Sullum/Reason “Hit and Run”, Coyote]
  • “Trial starts for PI lawyer accused of paying bribes (to Texas insurance managers) for settlement” [ABA Journal]
  • Tort reform in Oklahoma takes effect Nov. 1, so law firm advises getting those lawsuits filed quickly [The Oklahoman]
  • Patent assembler Intellectual Ventures says it’s averse to suing. Its close partners, on the other hand… [Recorder, earlier]
  • Bill to assert U.S. control of waters whether “navigable” or not is major federal power grab [Kay Hutchison and Nolan Ryan, Dallas News]
  • California high court rules in Taster’s Choice photo-permission case [Lowering the Bar, WSJ Law Blog, earlier]
  • Civil libertarians, secularists protest as Ireland criminalizes blasphemy [Volokh, Irish Times (Dawkins), MWW and more]
  • He knows about big paychecks: “Obama’s ‘Pay Czar’ Made $5.76M Last Year as a Law Firm Partner” [ABA Journal]