Mark Steyn, my friend, colleague and arguably the most talented political
writer working today, is on trial for thought crimes.
Steyn -- a one-man media empire based in New Hampshire -- was published a
few years ago in Maclean's. Now the magazine and its editors are in the dock
before the British Columbia Human Rights Tribunal on the charge that they
violated a provincial hate-speech law by running the work of a hate-monger,
namely Mark Steyn. A similar prosecution is pending before the national
version of this kangaroo court, the Canadian Human Rights Commission.
Not that the facts are relevant to the charges, but here's what happened.
Maclean's ran an excerpt from Steyn's bestseller, "America Alone."
The Canadian Islamic Congress took offense. It charged in its complaint that
the magazine was "flagrantly Islamophobic" and "subjects Canadian Muslims to
hatred and contempt." It was particularly scandalized by Steyn's argument
that rising birthrates among Muslims in Europe will force non-Muslims there
to come to "an accommodation with their radicalized Islamic compatriots."
Note: Steyn's article was published in 2006, before Rowan Williams, the
archbishop of Canterbury, supported that point earlier this year when he
said that it is "unavoidable" that Britain will ultimately have to
incorporate some elements of sharia into its law in the spirit of
"constructive accommodation."
You might think that if Steyn had been able to quote Williams or someone
else who'd expressed that view, he and Maclean's wouldn't be in trouble.
You'd be wrong. One of the council's chief gripes with the article is that
Steyn quoted an imam living in Norway who said that "the number of Muslims
is expanding like mosquitoes." An accurate quotation is no defense when
giving offense.
Indeed, it seems there is no escaping the charge of promoting "hate" in
Canada at all. In 31 years, the national Human Rights Commission has never
dismissed a case as unfounded.
The council first demanded that Maclean's give it equal and unedited space
in the magazine to respond to Steyn's "Islamophobic" tract. The editors
refused. So the council took the magazine to "court," but not a real court.
These tribunals have all the rigor of a student government star chamber.
There are no rules of evidence and, again, truth is not a defense.
Why bother with evidence at all? Hate speech is essentially defined as
anything certain "victimized" people find offensive. So, if a group is
sufficiently offended to complain to a human rights commission, the burden
of proof has already been met.
And what about free speech? Dean Steacy, an investigator for Canada's
national commission, explained it nicely: "Freedom of speech is an American
concept, so I don't give it any value." He gets points for honesty.
If Maclean's (and Steyn) lose, it could face unspecified fines. Even more
troubling, according to Canadian law and tribunal precedents, Maclean's
could be ordered to publish something it doesn't want to publish, and be
barred in perpetuity from publishing anything the human rights commission
deems "Islamophobic."
It might be easy for some to dismiss all of this. After all, we're talking
about Canada.
But this is just the latest in a long parade of assaults on free speech,
including the aftermath of the Danish Muhammad cartoons and the murder of
Dutch filmmaker Theo van Gogh. Sometimes it seems like a lot of people see
free speech as "an American concept," thus in need of rethinking.
As the Atlantic's Ross Douthat observed, the New York Times' only story on
the case suggested "that the 1st Amendment is a peculiar and quite possibly
outdated feature of the American political system, along the lines of, say,
the electoral college or the District of Columbia's lack of congressional
representation." By implication, it also lumped Steyn in with rabid Nazis
and Holocaust deniers.
Without outlining what Steyn wrote, the Times launched into a discussion of
how "hate speech" is treated in the U.S. and elsewhere. Quoth the Times:
"Canada, England, France, Germany, the Netherlands, South Africa, Australia
and India all have laws or have signed international conventions banning
hate speech. Israel and France forbid the sale of Nazi items like swastikas
and flags. It is a crime to deny the Holocaust in Canada, Germany and
France."
Left out of this fascinating tour of speech-control laws around the globe:
Mark Steyn is no Nazi, and whatever one makes of his arguments, it is
disgusting to insinuate otherwise. If Steyn were in the crosshairs for
defending abortion rights, I suspect the New York Times would be more
careful about leaping to Nazi comparisons.
But it seems that throughout the West, "leaders" are willing to accommodate
those who would stifle, intimidate or, ultimately, ban free speech, all in
the name of "tolerance." You could read all about it in Steyn's book. It's
not banned -- yet.
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