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posted by CoolHand on Tuesday April 28 2015, @07:08PM   Printer-friendly
from the defending-free-speech dept.

Six writers have withdrawn from the PEN American Center's annual gala in protest over the organization's decision to give its Freedom of Expression Courage Award to the French satirical magazine Charlie Hebdo, which was attacked on January 7th:

The writers who have withdrawn from the event are Peter Carey, Michael Ondaatje, Francine Prose, Teju Cole, Rachel Kushner and Taiye Selasi, The New York Times reports. [...] Kushner, in an email to The Times, said she was withdrawing from the May 5 PEN gala because she was uncomfortable with Charlie Hebdo's "cultural intolerance" and promotion of "a kind of forced secular view." Those views, The Times added, were echoed by the other writers who pulled out of the event. Carey told The Times that PEN, in its decision, was going beyond its role of protecting freedom of expression." A hideous crime was committed, but was it a freedom-of-speech issue for PEN America to be self-righteous about?" he said in an email to the newspaper. Novelist Salman Rushdie, a past president of PEN who spent years in hiding because of a fatwa over his novel The Satanic Verses, criticized the writers for pulling out, saying while Carey and Ondaatje were old friends of his, they are "horribly wrong."

Glenn Greenwald has written about the controversy over at The Intercept, which is hosting letters and comments written by Deborah Eisenberg and Teju Cole. Greenwald notes:

Though the core documents are lengthy, this argument is really worth following because it highlights how ideals of free speech, and the Charlie Hebdo attack itself, were crassly exploited by governments around the world to promote all sorts of agendas having nothing to do with free expression. Indeed, some of the most repressive regimes on the planet sent officials to participate in the Paris “Free Speech” rally, and France itself began almost immediately arresting and prosecuting people for expressing unpopular, verboten political viewpoints and then undertaking a series of official censorship acts, including the blocking of websites disliked by its government. The French government perpetrated these acts of censorship, and continues to do so, with almost no objections from those who flamboyantly paraded around as free speech fanatics during Charlie Hebdo Week.

From Deborah Eisenberg's letter to PEN's Executive Director Suzanne Nossel, March 26, 2015:

I can hardly be alone in considering Charlie Hebdo's cartoons that satirize Islam to be not merely tasteless and brainless but brainlessly reckless as well. To a Muslim population in France that is already embattled, marginalized, impoverished, and victimized, in large part a devout population that clings to its religion for support, Charlie Hebdo's cartoons of the Prophet must be seen as intended to cause further humiliation and suffering.

Was it the primary purpose of the magazine to mortify and inflame a marginalized demographic? It would seem not. And yet the staff apparently considered the context of their satire and its wide-ranging potential consequences to be insignificant, or even an inducement to redouble their efforts – as if it were of paramount importance to demonstrate the right to smoke a cigarette by dropping your lit match into a dry forest.

It is difficult and painful to support the protection of offensive expression, but it is necessary; freedom of expression must be indivisible. The point of protecting all kinds of expression is that neither you nor I get to determine what attitudes are acceptable – to ensure that expression cannot be subordinated to powerful interests. But does that mean that courage in expression is to be measured by its offensiveness?

 
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  • (Score: 0) by Anonymous Coward on Thursday April 30 2015, @02:57AM

    by Anonymous Coward on Thursday April 30 2015, @02:57AM (#176908)

    Libel and slander are private matters (non-criminal), and in civilized countries as well as the USA, truth is a defense. "Mohummad was a pedophile" is a statement of historical fact according to Islam's own books. Hate speech is a thoughtcrime, a concept that cannot exist in a free country. "Incitement to riot" claims that at least some individuals that are expected to be walking about unaccompanied in public are not responsible for their own actions - also a concept that cannot exist in a free country.

    Shouting "fire!" in a crowded theater is only a problem if there is known to be no fire. Even in the case of lies intended to harm, lying about a fire in a theater still rests upon the concept that humans aren't responsible for their own actions, as the supposed problem with such a lie is that it would "cause" other people to trample each other in a blind panic. It is also worthwhile to note that this principle originated from the same Supreme Court that ruled that black people aren't human (Dred Scott) and that grain grown and used entirely intra-state is somehow inter-state commerce (Wickard vs Filburn).

    Is the USA a free country? De facto, no, it is a slave nation ruled by naked force. De jure, of course, it is a free nation, albeit one with public offices almost entirely populated by literal criminals.

  • (Score: 0) by Anonymous Coward on Thursday April 30 2015, @11:19PM

    by Anonymous Coward on Thursday April 30 2015, @11:19PM (#177309)

    Libel and slander are private matters (non-criminal), and in civilized countries as well as the USA, truth is a defense.

    Correct, but "Freedom of Speech" is not a rebuttal to that defense.

    Hate speech is a thoughtcrime, a concept that cannot exist in a free country.

    Untrue. Hate Speech is the dark side of Free Speech. As you've proven with this point and your point about the fire in the theater, speech has power. This is why you can't wield it to an extreme. In fact your first example eloquently illustrates why, albeit unintentionally.

    • (Score: 1) by Fauxlosopher on Friday May 01 2015, @08:44AM

      by Fauxlosopher (4804) on Friday May 01 2015, @08:44AM (#177400) Journal

      Untrue. Hate Speech is the dark side of Free Speech. [...] speech has power. This is why you can't wield it to an extreme

      Your assertion is attempting to conflate one person's speech with the actions of listeners, and that claim is something I've already addressed [soylentnews.org] in my previous comment.

      In a free country, speech power of unlimited magnitude can indeed be wielded to any extreme. The avenues of address for free people (a free man exclusively owns his body) includes the choice to ignore, use speech in response, and cease association with the speaker and/or the speaker's supporters. If violence is an acceptable response to speech in society, then that society is not free; even my own edge cases involve the crime of assault along with "gonna kill yer wife 'n kids" speech. Violence is what is being called for when governments impose limits on speech.

      Now, if your argument comes exclusively from the view inside of a non-free society (or even from the observation that all countries are de facto non-free), I could agree with you from that viewpoint alone. After all, in a slave country, the slave population usually has no choice but to abide by whatever the masters want, without limitation. However, that viewpoint does raise some other critically serious issues about countries that only have lawful authority to be free countries and yet have government offices populated with criminals, ala the USA. (Sorry, I can't speak for France.)

      • (Score: 0) by Anonymous Coward on Friday May 01 2015, @04:45PM

        by Anonymous Coward on Friday May 01 2015, @04:45PM (#177507)
        Where exactly is a free-society on Earth today?
        • (Score: 0) by Anonymous Coward on Friday May 01 2015, @06:19PM

          by Anonymous Coward on Friday May 01 2015, @06:19PM (#177551)

          Where exactly is a free-society on Earth today?

          By law, such a free country exists in the form of the United States of America. Its government was created at the Philadelphia Convention, by delegates that had been given authority by voters. Since the authority of the individual does not justly increase its ability to trespass on the unalienable rights of others merely by increasing numbers, it is therefore true that the entire authority of US government cannot exceed that of a single American citizen.

          US governments require law to exist; they were called into existence by the creation of their founding laws, and without them they cannot exist. When government overreach occurs in the USA, as it often does, such acts are literally criminal.

          True, the USA isn't directly involved with the murders at Charlie Hebdo. However, restrictions on speech imposed within a non-free country cannot be imposed on a free country - by definition.

          • (Score: 0) by Anonymous Coward on Friday May 01 2015, @06:31PM

            by Anonymous Coward on Friday May 01 2015, @06:31PM (#177558)

            However, restrictions on speech imposed within a non-free country cannot be imposed on a free country - by definition.

            There are restrictions to free speech that are there to maintain its integrity. By your own extreme interpretation it is impossible to achieve a free country.

            • (Score: 0) by Anonymous Coward on Friday May 01 2015, @07:49PM

              by Anonymous Coward on Friday May 01 2015, @07:49PM (#177582)

              There are restrictions to free speech that are there to maintain its integrity

              My claim is that among free people there is no example of speech alone that can excuse the speaker's death at the hands of a listener. Feel free to provide an example which contradicts my claim. Governments that impose restrictions on speech do so with the threat of force, and thus cannot be governments of free people.

              By your own extreme interpretation it is impossible to achieve a free country

              You'll have to explain your assertion in more detail, as I am not understanding your claim here. Difficult, I could agree with, as it would require mass awareness and acceptance that each individual is the exclusive owner of his/her body, and that no other individual nor no government based on the delegated consent of such individuals has authority to violate that exclusive ownership. I cannot agree that such an achievement is impossible, especially in light of the particulars of the creation of just such a nation (as far as its laws are concerned): the USA. It may help to understand that even the USA's Supreme Court has acknowledged multiple times that a law which violates a more fundamental law has the same legal status as a law which was never passed in the first place; see Norton vs Shelby County [findlaw.com] and the opinion in Marbury vs Madison [umkc.edu] . The observation that such principles are routinely ignored does not change the legal facts.

              • (Score: 0) by Anonymous Coward on Friday May 01 2015, @08:57PM

                by Anonymous Coward on Friday May 01 2015, @08:57PM (#177611)

                My claim is that among free people there is no example of speech alone that can excuse the speaker's death at the hands of a listener.

                I never made that argument.

                • (Score: 0) by Anonymous Coward on Friday May 01 2015, @09:29PM

                  by Anonymous Coward on Friday May 01 2015, @09:29PM (#177625)

                  I never wrote that you did make that exact claim. Still, perhaps I should have asked for an example of speech alone that can excuse the speaker's death at the hands of anyone. Do you have one you'd like to share with me?

                  • (Score: 0) by Anonymous Coward on Friday May 01 2015, @09:34PM

                    by Anonymous Coward on Friday May 01 2015, @09:34PM (#177629)
                    We don't disagree on that point so, no, I don't.
                    • (Score: 0) by Anonymous Coward on Saturday May 02 2015, @04:45AM

                      by Anonymous Coward on Saturday May 02 2015, @04:45AM (#177770)

                      We don't disagree on that point [that speech alone cannot excuse the speaker's death at the hands of anyone] so, no, I don't.

                      No problem; let me then build on that point.

                      Decrees, orders, rules, laws, etc. issued from a government are ultimately enforced with lethal violence. (Break even a trivial unjust law, and a citiation is issued; ignore the citation, and a fine is imposed; ignore the fine, and a court summons is issued; ignore the court summons, and a warrant for arrest is issued; ignore the warrant, and enforcers seek to find you and put you in a cage; ignore the enforcers demands, and the enforcers assault you; overcome the initial assault, and the enforcers try to kill you.) Because of this, a government's restriction on speech is equivalent to a statement of "that government will kill you if you say something it doesn't like".

                      I view violence as a perfectly acceptable tool when it is used in defense of one's property, chiefly one's own body. Governments of free people have been delegated authority to use that same violence on behalf of free people, to exercise in the same circumstances that a free person could. Thus, governments that enforce laws against murder, kidnapping, rape, robbery, theft, and fraud are doing so in a manner compatible with people who already have the authority to use lethal violence in response to such crimes, and have chosen to delegate that authority to a government in the interests of better securing their right to not have their body killed, stolen, violated, etc.

                      Thus, when agents of government attempt to impose restrictions on the speech of free people, such agents literally become criminals by exceeding their authority, just as a mugger exceeds his authority when he tries to steal money from his victim at knifepoint.

        • (Score: 2) by Anal Pumpernickel on Sunday May 03 2015, @05:58PM

          by Anal Pumpernickel (776) on Sunday May 03 2015, @05:58PM (#178174)

          Nowhere, because no country is without flaws. There exist serious problems that must be fixed in every single country in the world.

  • (Score: 2) by Anal Pumpernickel on Sunday May 03 2015, @05:56PM

    by Anal Pumpernickel (776) on Sunday May 03 2015, @05:56PM (#178172)

    Libel and slander are private matters (non-criminal)

    Private matters that just so happen to involve the government enforcing the court decisions. Make no mistake, if someone can sue you and win and have the government enforce the court decision because you said something, your freedom of speech has been limited.