Category: Free Speech

If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech

300px-Eugène_Delacroix_-_La_liberté_guidant_le_peupleBelow is my column in the Sunday Washington Post on the free speech implications of the massacre in Paris and what it means to “stand with Charlie.” Rather the piece explores the status of free speech in France and The murders themselves are clearly the work of Islamic extremists who need little reason to kill innocent people in their twisted view of faith. However, the victims were journalists who had struggled with rising speech limitations and regulations in France as well as other European nations. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targets with such court orders under this expanding and worrisome trend. (here and here).

Liberte-egalite-fraterniteAs many on this blog know, I have a particular affection for France and its people. I was moved to see the protest spontaneously protest as thousands can out to defend liberty and French culture. It was a quintessential moment for the French. Indeed, it reminded many of us of how the French once voiced the “Rights of Man” and rallied around civil liberties at a defining moment for all of Western Civilization. We all felt victims of these attacks and most of us were moved to see our French counterparts joining together in one voice to support free speech. However, there needs to be some frank discussion of threat posed by increasing speech regulations and prosecutions. Ironically, while thousands have demonstrated against immigration as a threat to national identity, the real threat is not the immigrants themselves but the loss of national identity from these prosecutions. What is France if it is not its liberties and freedoms? France cannot simply be defined by brie and baguettes. Those who want to join Western countries must accept their core commitment to free speech as part of a social convenant not just with the government but with each other.

(The title of the piece is selected by the Post, not the author. (We usually learn of the titles when the reader does). The print version includes a title that the “threat” comes not terrorism but the French. Many may conclude that the piece somehow blames the French for these attacks which is obviously not true. Rather, with the rallies (including the huge rally today) in support of free speech, the column explores the primary cause of the erosion of free speech in France — and what can be done to restore it. Likewise, this article is not meant to suggest that any criticism of religion is no longer tolerated in France. After all, the magazine continued to publish despite efforts to prosecute the editors and journalists. Moreover, French courts have ruled in favor of free speech in some critical cases. However, while some efforts have been curtailed by the French courts, government censorship has been increasing, particularly when the challenged speech is directed at living individuals. Other restrictions are broader and the appetite for such regulation appears to be increasing. For example, a few years ago, when the government made the denial of the genocide of Armenians by Turkey a crime, the drafter of the law Senator Valerie Boyer dismissed the objections and said “That’s democracy.” Indeed, Boyer exemplified why John Adams warned that “ democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” The clash between democracy and free speech is growing as different groups demand that others be silenced in the name of pluralism and tolerance.

Here is the column:
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An Upside Down World of Justice

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Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor

In our sometimes upside down world, it can seem that the lives and secrets of our intelligence service employees and their agencies are worth more than the lives and physical and mental well-being of the countless prisoners who were tortured by the CIA .  That is the same torture that was authorized and approved at the highest levels of our government.

Let’s also not forget the many instances of allegedly criminal activity by large banks and their employees that resulted in civil fines or no action at all, notwithstanding the lives that were shattered in the meantime.

Recently it was disclosed that the Department of Justice and the FBI have recommended that Gen. David Petraeus be criminally prosecuted for allegedly passing his classified CIA email account and exposing state secrets to the biographer/author he was having an affair with.  This is the very same Department of Justice, along with the Obama Administration that claims it did not have enough evidence to file charges against admitted torturers and those that authorized the torture and destruction of evidence. Continue reading “An Upside Down World of Justice”

Blasphemy and Freedom of Speech

By Mike Appleton, Weekend Contributor

“The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.”

-Watson v. Jones, 80 U.S. 679, 728 (1872)

In November of 1950 an Italian film directed by Roberto Rossellini entitled “L’Amore” opened in New York City with English subtitles. The film was an anthology of three stories, one of which, “The Miracle,” told the tale of an emotionally troubled peasant girl who is impregnated by a transient and believes that she is giving birth to Jesus. The film was voted best foreign language film by the New York Film Critics’ Circle. It was also condemned by the Catholic Legion of Decency as “a sacrilegious and blasphemous mockery of Christian religious truth.” Francis Cardinal Spellman, the powerful archbishop of New York, insisted that the film demonstrated a need for stronger censorship laws. Within a few months the New York Board of Regents revoked the license to show the film, a decision upheld by the New York state courts under a law permitting the banning of any film “that may fairly be deemed sacrilegious to the adherents of any religious group.”

The subsequent legal battle is instructive in considering the reaction to the horrific attacks in France over the past two days. Continue reading “Blasphemy and Freedom of Speech”

India Charges Former Minister After Defense Of Paris Terror Attack

1024px-Flag_of_India.svgIndian officials have arrested former Uttar Pradesh minister and BSP leader Haji Yakub Qureshi after he defended the terror attack on French satirical magazine Charlie Hebdo. India has a law — similar to U.S. laws — have make it a crime to incite violence but the country appears to impose a relatively lower standard as evidenced in this case.

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Irish Muslim Leader Warns Any Newspaper From Publishing Charlie Hebdo Cartoons Or Face Blasphemy Charges

FlagbigAli Selim of the Islamic Cultural Centre of Ireland has declared publicly that he will bring legal action against any Irish newspaper or publication that runs the Charlie Hebdo or other similar cartoons featuring Muhammad. As discussed in my Sunday Washington Post column, these laws in Western countries like France have served to emboldened those like Selim in demanding that others confirm to their religious sensibilities. Despite his effort to deter others from speaking in this fashion, Selim insists without any appearance of embarrassment that he is “a great advocate of freedom of expression” . . . so long of course that it is his expression or an expression that does not offend him.

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Saudi Arabia To Flog Blogger For Blasphemy On Friday

badawiJust days after extremists killed 12 people in Paris for insulting Mohammad in cartoons, the Saudi government has decided to go forward with its plan to flog a blogger for blasphemy. As previously discussed the abusive treatment of Raif Badawi, who founded the “Free Saudi Liberals” website. He was sentenced to 10 years in jail and 1,000 lashes for blasphemy and his first 50 lashes will be carried out on Friday.

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Dershowitz Threatens To Sue Victim’s Attorneys For Defamation . . . Attorneys Respond By Suing Him First

image.hmlAlanDershowitz2We previously discussed the threat of retired Harvard Law Professor Alan Dershowitz to sue Utah Law Professor and former federal judge Paul Cassell (and his co-counsel Bradley Edwards) for defamation for papers mentioning him in revelation to the sex trafficking scandal of Florida financier Jeffrey Epstein. The lawyers sought unsuccessfully to depose Dershowitz who has been accused of being one of the men who were given underaged girls to sleep with by Epstein. At the time, I wrote that Dershowitz’s statements themselves could be viewed as defamatory and actionable. It appears that Cassell and Edwards were thinking the same thing. They have now sued Dershowitz for defamation.

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British Agency Bans Urban Outfitters Picture Over “Inner Thigh Gap”

imrs.php250px-UrbanOutfittersThe United Kingdom’s Advertising Standards Authority (ASA) has ordered Urban Outfitters to remove a picture of a model as showing an impermissible “inner thigh gap” that encourages what is viewed as an “unhealthy” diet for girls. It is the latest example, in my opinion, of a wholesale regulation of speech — both political and commercial — in England.

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Erdoğan Announces Turkey Has Greatest Level Of Press Freedom In World As Police Arrest Dutch Journalist For “Terrorism”

220px-Recep_Tayyip_ErdoganLike most of the world, we have watched the rapid decline of civil liberties in Turkey after the election of President Recep Tayyip Erdoğan and his coalition of Islamic parties. Just last month, we discussed the arrest of Mehmet Emin Altunses, 16, who allegedly committed the crime of “insulting” Erdoğan. calling people who use birth control “traitors” and saying Muslims discovered America, you are not allowed to be disrespectful or insulting in discussing Erdoğan. The situation is even more dire for journalists who have found themselves threatened or arrested for reporting on Erdogan or his cronies. Now, Turkish police have arrested Dutch reporter Frederike Geerdink on terrorism charges. Erdoğan responded with one of his signature delusional statements, saying that this is just one more “false” report from Western media since it is about terrorism not journalism. It is his statement about the record of Turkey on press freedoms that truly takes Erdoğan’s menacing comments into the realm of madness.

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Tunisian Military Court Sentences Blogger To Three Years In Jail For Defaming Army Officers

B5ugWIBCQAA1JG3The attack on free speech continues unabated around the world. The latest violation occurred in Tunis where a military court has handed down an absurd three year jail sentence to a blogger, blogger Yassine Ayari, for “insulting” Army officers. That is what free speech means in Tunisia. You can be criminally sentenced for “undermining” the Army through criticism.

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NSA Abuses Never End

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The instances of reported abuse of our country’s laws by our Intelligence services seems never-ending.  The National Security Agency, or NSA is at the top of the list when it comes to violations of our laws and even its own rules and procedures that are allegedly designed to protect our privacy.

Pursuant to a court order in a case brought by the ACLU, the NSA is required to provide a list of its abuses on a quarterly basis.  Of course, the NSA redacts most of what it puts in its own disclosures. Continue reading “NSA Abuses Never End”

Washington Revises Marijuana Advertising Rules: What Were They Smoking?

By Darren Smith, Weekend Contributor

Entreating the GodfatherThe Washington State Liquor Control Board (LCB), charged with administering the state’s legalized marijuana industry, has shown once again its detachment from common sense and business acumen by increasing Initiative 502’s restrictions through crafting administrative rules that border on absurdity.

It is a small example of the duality of the LCB in how it proffers its desire to see windfalls of tax receipts for the state but acts to suppress the same industry it extracts these taxes from.

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Washington Legislature Snubs State Supreme Court By Refusing To Allow Chief Justice To Give State Of The Judiciary Address

By Darren Smith Weekend Contributor

Washington Chief Justice Barbara Madsen
Chief Justice Barbara Madsen

The intrigue after the fallout generated by State Supreme Court holding the state, and essentially the legislature, in contempt for failing to adequately address their constitutionally mandated funding of primary education, the legislature refused to allocate time to allow Barbara Madsen, the Chief Justice, to give the State of The Judiciary Address.

Legislators claimed, among other issues, it was due to the historical lack of attendance by members and not an insult directed at the Supreme Court.

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Make that 101: Chinese Filmmaker Does Documentary On China’s 100-Year Struggle For Constitutional Rule . . . China Sentences Him To One Year In Jail

130px-Mao_Zedong_portraitThe Chinese government again proved that little has changed in the People’s Republic in the denial of basic civil liberties and human rights. Filmmaker Shen Yongping has become the latest and more poignant example of the totalitarian regime’s continued crackdown on free speech. Shen produced a documentary on the 100-year struggle of the Chinese for constitutional government. Chinese officials responded by arresting him and now sentencing him to a year in jail. It appears that a sequel is in the making.

Continue reading “Make that 101: Chinese Filmmaker Does Documentary On China’s 100-Year Struggle For Constitutional Rule . . . China Sentences Him To One Year In Jail”