The accused are members of Catalan anti-capitalist party CUP and had already been summoned to appear before a judge at the National Audience, Spain’s top criminal court. They did not show up. Police then charged them with insulting the monarchy and burning Spanish flags during a rally on Catalonia’s national day on September 11.
CUP is both in favor of independence and opposed to the monarchy. Many people around the world oppose even symbolic monarchies and the burning of a picture of the King is clearly political speech. It is not protected however in Spain.
Spain has had a long and troubled history with military governance and authoritarian abuses. It views itself as past that dark period in its history but the arrests of these activists shows that there remains a fundamental lack of protections for core liberties in the country. Free speech is the right that protects all other rights and remains the bulwark against authoritarianism. Without such a right, Spain has an uncertain future. It is following the mistaken path laid out by England, France and Germany in the criminalization of speech.
