Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Sunday, December 09, 2007
Paul Jacob :: Townhall.com Columnist
Calling a censor a censor — censored!
by Paul Jacob
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Was the Copenhagen Global Warming Summit Walk-Out a Win for the U.S.?


Canada does not have our First Amendment. It does not have as strong a protection for free speech as we do here in the U. S. of A.

I can say this even as America’s free speech rights have been eroded by McCain-Feingold and other meddling regulations. We’re in bad shape, but Canada’s worse.

So what does that mean, practically?

Canadians are less free to call people they do not like nasty names. That would be a “hate crime,” and that’s against the law.

Now, this is not exactly new. Americans have known about “hate speech” laws for some time. We’ve had our own battles about them. Some people believe that saying nasty things about other people is always wrong. And always worth suppressing.

This is an extreme minority position, though. Even hate-speech law advocates believe in speaking maliciously about people who engage in hate speech. What seems to be the case in all this hate speech regulation is that we are not allowed to hurl horrid phrases at certain people in certain groups.

In America, we’re a little more used to the idea of defending speech we don’t approve of than are Canadians. So Canadians have the hate speech code intact, and Americans have only “flirted” with such codes.

Now, as a matter of what I endorse and condemn, and what my family prohibits, and what my friends excoriate, I am pretty firm. I really do hate hateful speech. But my private condemnations — and my neighbors’ — provide no ground for having our government suppress everything we condemn.

Besides, as an American, the right to say nasty things about people seems part of the whole point of being free. And if that sounds weird, just read the jottings of our Founding Fathers . . . about each other. Mainly about their enemies, but about each other, too. The Federalist/anti-Federalist fight, as it grew into the Federalist/Republican Party debates, often got quite vicious. Very American, very un-Canadian. Downright hateful.

Like our Founding Fathers, I prefer to choose my targets very carefully. Maybe that’s why about the only time I say derogatory things about anyone is when that person is abridging a freedom.

But that’s only half the story. Things get much worse, in Canada.

Canadians who do not like their hate-speech policy, it turns out, are not free to call censors unflattering things.

Let me rephrase. Canadians are not free to call censors “enemies of free speech.” Even if, by the clear meaning of the English language (as well as by American standards) that’s what hate-speech censors are, just because they’re censors: Enemies of free speech.

Take the case of a “particularly nasty piece of work,” Richard Warman. He’s a lawyer — an “award-winning lawyer,” according to Wikipedia — who was employed by the Canadian Human Rights Commission to root out hate speech, particularly on the Web. Oh, I’m sure he’s a pillar of decency. It’s easy to despise the speech of neo-Nazis and other “hate groups.” I know I do. But it’s one thing to hate the hateful. It’s another thing to persecute them, to deny their rights to speak.

What did Warman do? He filed numerous complaints against “hate speech” websites, and the government took many of those sites down.

So, as decent as Warman no doubt is in private life, as fun-loving and above-board, in public life he’s just, well, unjust. His very job with the misnamed “human rights” commission was an ongoing series of injustices.

So you’d expect his work to receive criticism.

And it did. Paul Fromm, a free-speech activist and founder of Canadians Associated for Free Expression — a group defending the worst “hate sites,” and thus said to “have links” with them (how deep those ties are I do not know; the matter irrelevant for my purposes, anyway) — has repeatedly called Warman an “enemy of free speech.” And similar things.

And so what did Warman do?

He sued.

For libel.

And won.

And was awarded $30,000.

Why? The judge ruled that a government official working from duly enacted government policy cannot be an enemy of free speech. That’s just unthinkable!

Yes, in Canada you may not speak the truth about free speech to its official enemies. In Canada, the reason why we must defend even the most vile speech and writing becomes clear: because suppression of it eventually leads to the inability to criticize government.

You know you’ve lost your freedom when you cannot call a censor a censor.

But here in the United States, we can. Well, at least for now.

Share:
Vote on It:
Average Vote:
 
About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
TOWNHALL DAILY: Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
Can't Censor Censorship -- Unless --
You can't call a censor a censor or advocate any sort of censorship in America UNLESS you associate it with "sleaze." Then the Social Conservatives will be right there ready to censor any sort of speech or expression they deem "Unhealthy" or "Pornographic" or "Bad Influence on the Kiddies."

free speech?
Ask Don Imus if we have free speech. Or Tom Delay, or Trent Lott. Rush Limbaugh maybe? We have free speech if it's Ward Churchill or Mike Moore or Cindy Sheehan trashing the country. Or if it is child pornography, or any manner of depravity. Then it's free. Just let me call Al Sharpton or Jesse Jackson a niqqer and see what happens. So much for free speech.

Non-PC writings/speech/thoughts censored
Years ago I figured out that diversity is nonsense, a complete falsehood to explain away the criminal behavior and failings of blacks. I can now say this only because I have retired outside the USA and can write/speak with impunity. Those of you working in the USA are subject to both civil and criminal penalties for any of your words/writings that may offend anyone who is not a hetero white man.

But, things will get worse. You will soon be persecuted/prosecuted for thinking the wrong things.

Hate Speech and the law
The Supremes have already ruled on hate Crime laws and so-called hate-speech codes have been ruled unconstitutional. What that means is that the government can not censure hate speech. You can refer to someone as a ni**er all you want and the government can not stop you from saying it. It can punish you after the fact if your hate speech is designed and shown to be "fighting words".

In addition, freedom of speech does NOT apply to your employer. If you talk trash about your boss or your job he/they can fire you at will and you have no recourse legally.

True about Kanukistan
It is against the law in Kanukistan to deny that the Holocaust happened. Not just stupid, ignorant, or nutz -- ILLEGAL.

I do enjoy some of it though -- its fun to stop lawyers in their tracks when they are sneering at Americans and America, by pointing out that our Respectful Workplace Policy forbids sneering at people because of their nationality and America is certainly a nationality. Yes, their speech code was written to protect Muslims and Blacks, but forcing them to interpet it strictly at least makes them think about how silly it is. (I was reprimanded for saying *Hallelujah* in public when our firm e-mail announced that Kerry had conceded. My protest that I am American, had voted for Bush, and was simply relieved we had avoided another snit fit like 2000 were brushed aside. Taking sides is HATE.)

The result, of course, is that there is a lot more private hate in Canada than there is in the USA. In fact, recently a playoff soccer game between Serbia and Croatia had to be turnd into TWO playoff games, so Serbs and Croats would not be in the stands on the same day.

The denial of free speech...
...is only a problem when it's a government agency doing the denial.The rest of us are free to deny free speech of others whose speech we do not like.Private organizations are also "free" to practice censorship on those entitys they own.

Add in libel laws,and the problem becomes more complicated.There will never,ever,be a hard and fast rule on what constitutes "free speech".It is up to each generation to define it and redifine it.The argument will never end.Nor should it.

Nam65-66
You make perceptive comments which illuminate the more narrow anecdotal comments of others. "Free speech" is a govenmental concept. Actions have consequences beyond govt consequences.
AudiR10
Nice move turning the tables on that Kanuck. Over and over with the lefties, its whose ox is getting gored. I find it the most tiresome thing about them.

Unca Alby's Hate
Get a load of Unca. Who does this tolerant, diversity loving guy hate? "Social Conservatives". There's a big surprise.

BTW, anybody else get the feeling Unca Alby might have a real problem? His last sentence sounds like "Unhealthy", "Pornographic" and "Bad Influence on the Kiddies" is just A-OK with him. TH might want to keep eye on Unca Alby. His post sounds like something out of a NAMBLA guide book.

NOTE TO WOODY:

Remember how the MSM was falling all over Cindy Sheehan at one time. And they still would be! She's been written off because she has become a complete loon! Tells you all you need to know about MSM!

Censorship
can only be practiced by the government. In all other cases it is editorial judgment.

Our website does not cover the IRL because we hold Tony George in contempt. This is not censorship. This is editorial judgment.

If my boss does not permit denigration of the firm or the clients in public, that is not censorship; that is editorial judgment.

If a movie theatre will not show *Redacted* that is not censorship. That is editorial judgment.

If people would get their legal terms straight, we would have a lot less bawling about censorship.

woody
"freedom of speech" does not mean "freedom from consequences." Trent Lott had no 'right' to his leadership position. People had every right to express THEIR right of free speech condemning him. Likewise, sponsors of shows like Imus have the right to withdraw support if someone is bringing them bad publicity.

You want bigots to be able to speak, but don't want people to have the right to respond.

BUT:
This column is frightening. And it should make us all think. The defense of the advocates of 'hate speech laws' is that hate speech is bad, so should be banned. On the right, many make extremely similar arguments regarding 'pornography' or 'oscenity.' You have to be very careful banning speech because it is 'bad' or 'harmful.' Because who gets to decide what meets those requirements.

Don't forget that the publishers of James Joyce's 'Ulysses' were successfully prosecuted for 'obscenity.' That should make us all wary of what can be silence in the name of stamping out porn.

Woody
Rush Limbaugh, Tom DeLay, Don Imus, and Trent Lott all have the right to free speech, and continue to exercise it. However, freedom of speech does not mean freedom from responsibility! Rush Limbaugh does his thing and is well paid for it, Tom DeLay was not shunted aside because of any speech but because of his association with a corrupt lobbyist, Don Imus lost his gig because he cost his network money, and Trent Lott lost his leadership position because he chose to apologize instead of standing his ground.

No one has denied any of the people you mentioned a right to speak, they have just objected to what they have had to say at times. That is a far cry from any type of censorship.

One should note that Censorship
is a GOVERNMENT action.

It is not:

Rejection or refutation in the marketplace (ala Don Imus)

Argument to the contrary (ala the religious right protesting)

No entity has the right to coerce silence, or anything else, except the government. That pretty much destroys the positions proferred in the first two posts.

To paraphrase the Gipper
Any government that can prevent you from hearing anything unpleasant can also prevent you from saying anything yourself.

Is Canada Really a Country?
I hear these stories every now and then about 'Canada'. I thought it was a sitcom for a long time, like Seinfeld but then I find out that somehow we have allowed this big frozen thing up north to exist for years. Who knew? Shouldn't they be paying for protection or something? They can't be this dumb and responsible for their own security. We should bill them.

Censorship
Author John Norman one said about his writing "There are no need for censors if you can not get published."

Let's face it!
Speach is not protected is you are white, Christian/Jewish or male, However if you are Jesse Jackson, Al Sharpton, The NAACP, Moveon.org or any dumborat in public office you can not only say whatever you desire but you are required to listen.

Know who you are defending
I think you need to research who you defend. It is clear that Mr. Fromm is a racist Nazi.

You can make a good arguement that "You despise what he says but defend his right to say it" but to be agnostic and cast doubt on his racism only makes you look like you support his bigotry.

Indeed it would make your arguement stronger if you fully disclosed that he was a hateful bigot and supported his right to speech inspite

slippery slope
We have been warned,the libs would like to control free speech ala the fairness doctrine.Oh they say we only want a level playing field.You can have limbaugh etc.just put us on the air also.This is financial blackmail on the am radio.They know that people will turn off libs,so if a station loses money they will switch back to music only,thereby libs gain.

Canada is socialistic
and like most of those on the left seem initially to be oh-so-nice caring about the welfare of everyone. Experience demonstrates with time, a slow take over of all aspects of life. This is what has been happening in Canada and is now happening. Watch out! Even with the first admendment, we are heading that way. It is amusing to me when the left compalins endlessly about our president who is taking away our freedoms listening in on our conversations when it is the left taking away much more of our freedoms.

my irony was lost..
on some here. My point was, people are attacked for simple remarks, which to me, seem relatively harmless. They are not censored by the govt. , as such, but are vilified or disparaged so, that folks become afraid to voice their tho'ts or opinions. So many people out there seem to get a free pass when making the most outrageous statements, and others are destroyed. The U.S. Senate(Harry Reid et al) tried to destroy Rush Limbaugh on a trumped up accusation. Boy did that backfire, as well it should have. We regularly see examples of free speech thwarted by groups who shout-down The Minutemen or Ann Coulter and the like. This seems to be a very leftist tactic.

an after tho't
I might add that Don Imus is back on the air, after settling for what? $9 million on his contract? He has "free" speech again, but will obviously be very subdued, lest he incur the rath of Jackson, Sharpton and the great unwashed.

Free speech and Canada
Just for the record, the Canadian Charter of Rights and Freedoms does purport to protect "freedom of expression". The problem is that, unlike the US Constitution, the Canadian Charter was written by post-modernists and moral relativists.

Which leads to gems like this:

"The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

Or worse:

"Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter." Translation: even if the Supreme Court rules that a law violates the rights guaranteed in the charter, Parliament can simply declare the law valid "notwithstanding" the human rights of Canadians.

Compare that to:

"Congress SHALL MAKE NO LAW respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (emphasis mine)

America is blessed to have a constitution that was written when men still believed that words had meaning, and that moral absolutes exist.


The first amendment was devised
to protect "hate speech." The Founders wanted a mechanism that kept the gov't (what had been "the crown" to them) from prohibiting criticism of the gov't.

The First Amendment partly arises from the Peter Zenger case in NY in 1734. A German printer, who didn't speak English, published a newspaper that criticized the British gov., and although aquitted in 1735 by jury, Zenger was jailed for nearly a year. His lawyer was Alexander Hamilton, and the precedent was set in the colonies for legal protection in disagreeing witht the gov't.

"Hate speech" people may sometimes have good intentions but they promote suppressing thought over action. The Anglo-Saxon tradition of law is to punish overt actions that have been physically committed (save collusion and conspiracy that concentrate on the plans to commit crime).


woody
Good example of your point right here in that a lot of outrageous baloney is sliced by the trolls on this site yet stays up for all to consider. Obviously not the case on Leftnut sites.

FREE SPEECH

.....We dot not have free speech if the government can censor or prosecute us for what we say .....COLOSSUS

Treasonous Repugs
"What about the Dixie Chicks?"

What about 'em? They freely expressed themselves and the population freely responded. No government action was ever taken. Remember censorship is a GOVERNMENT function.


"How come "free speech zones" exist at Repulican events?"

Because the Left confuses an "exchange" of ideas with "prevention" of the presentation of ideas with which they disagree. Nothing wrong with preventing the intolerant from exercising the heckler's veto.




BaseballDoc
Give Collosus a pat on the monitor for me.

Perhaps even more insidious, for what we THINK!

Censorship is tech done by the
gov't, but today, censuriousness is mostly practiced by the arrogant, self-righteous "press" which was reponsible for blowing the Imus incident into national-level furor.

I'm no Imus fan, I don't watch/listen to him, but he was obviously not serious in his comments on the Rutgers players as the tape repeated ad nauseum on MSM showed Imus was reading something else when the subject was mentioned, and he incidentally made his objectionable remarks. He did not go on air, stare into the camera, clutch the mike, and declaim loudly and clearly as some actionable cause that RU women basketball players were all whores. He wasn't even looking at the camera when the remark was made.

Because the libs. own the media, they can make these "news" events by re-showing them hour after hour on CBS, NBC, ABC, CNN, PBS (covering nearly 60 million people) until the haphazard becomes significant and draws in the Sharptons, the NOW "presidents," the Hispanic caucus, whatever, and these oppressions work to enforce a censorship no gov't could so efficiently administer.

Treasonous Repugs
What ABOUT the Dixie Chicks? They were never subject to any kind of civil or criminal penalty. Their concert receipts increased dramatically after they attacked the president. They received a death threat (boo-frikity-hoo), but the criminal actions of one nut-case do not reflect on conservatives as a whole.

The only reason they have faded from view is that they tried to make the leap from country to pop, and failed miserably, as have so many before them. Understand, I loved their album "Home", and think that they are truly brilliant musicians. I just think that they became self-indulgent, which will kill the career of any entertainer. And you don't have a constitutional right to a hit record.

The people Woody mentioned were either fired, maliciously indicted, or forced to resign. They certainly weren't featured on the magazine covers as martyrs.

In Summary, ...
Several people have made these points already, but let me compile a summary.

First, Freedom of Speech does not mean freedom from,

A. The consequences of your speech -- for example, being fired because you called your boss an SOB, cursed at a client, etc.

B. Disagreement. People who disagree with what you said have EXACTLY THE SAME RIGHT to tell you that your opinion stinks as you had to express that opinion in the first place.

Second, Censorship is the government telling you what you can or cannot say. If your boss tell you that you can't insult Klingons in your office that's not censorship. It is a business decision. You remain perfectly free to insult Klingons on your own time or to start your own business and insult Klingons there.

Third, speech critical of the government is what the Founding Fathers were most interested in protecting. US citizens retain this right. If we did not, there are many people who would not be posting at Townhall daily. Rather they, and all the people with the "Buck Fush" bumperstickers, would have been rounded up and jailed.

censorship little understood
Several posters have pointed out, the concept of "free speech" is widely misunderstood. The clarifications are good.

Somewhat related:
someone opined to me the other day that since the internet is available pretty much everywhere, people are no longer subject to government-censored information (referring to people living under dicataroships).
He was quite surprised (and I think didn't believe me) when I told him that people in most of the countries he was referring to can't access the entire internet.

Uncle Alby...let's recap
The movement to place advisory warnings on music and other entertaiment was the brainchild of Tipper and Al Gore. Remember the V chip? That magical device that limits access to certain programing that has "questionable content?"
That was Bill Clinton's baby. You think Clinton and the Gores are social conservatives? This idea that it is conservatives in general, and republicans, specifically, who are out to censor everything...well let us just say the facts do not support that. Oh and who wants to bring back the "fairness doctrine" monitoring and regulating speech on the radio? You guessed it...democrats. Sorry my friend, but the left is far more inclined to stomp out speech they dont like than the right. That is well established fact.

O Canada
Mr. Warman needs a trip to th Atlanic Maritimes.

Since I have forwarded this column,I am sure he will receive a right warm welcome.

Will this mean an end to the donnybrooks on the floor of the Ottawa parliament?

Punching an opposing member in the schnozzola could be construed as a hate crime.


Dixie Chicks
Dixie Chicks concert sales and CD's went up not because of what they said but a bunch of liberals bought out their tickets and had to GIVE then away. To support them until the storm that they created blew over.

Leftist censorship thrives in
"liberal" societies.

Holland and Denmark are at the point where if you say your religion bades you not promote homosexuality, you can be accused of hate speech.

The Newspeak of literature, mocking communist Russia--USSR, is really the current liberal hate-speech/crime model. It prohibits unwanted observations of groups or the gov't from expression in the name of "compassion" and "tolerance" which is its exact opposite.

The First Amendment has many inroads from the 1798 Sedition and Treason Acts to the banning of yelling "Fire!" in a theatre and terroristic threats. People cannot call for "material disruption," which runs from promoting violence to overthrow the gov't, threats to assassinate a pres., and/or rioting to bring schools, businesses, or cities to a halt.

The Dixie Chics weren't censored. They were criticized and went on to win honors and Grammies and MSM accolades but have since died off, as they aren't bad-mouthing Bush or Iraq, and when they aren't insisting on getting extra publicity for their lame political feelings, they evidently devolve back to whatever fan base they might have.

Defending free speech, not the speaker
Mordechai, you make a very good point. I got interested in this story before I knew anything about Paul Fromm or CAFE. I shied away from exploring Fromm’s views in depth largely because that’s the normal way of handling such views, and I was after a different target.

I tried to make it clear what my values are regarding those who are imbued with racial hatred, without descending into the muck of white supremacist doctrine by actually writing of it at length. The primary point I was trying to make, after all, was not that such views must be legally tolerated, but that the suppression of such views corrupts other free speech rights. I hope that was obvious in my column.

Had I been out to defend Fromm as such, I would have researched further, and relayed the information. Thus, I’m glad that you have added your comment.

Reading Fromm’s websites at length, now, I've had to disinfect my mouse. That's not to say that I know categorically that Fromm is a Nazi. I don't. But he is tied in closer than I realized to white supremacists. He speaks the repulsive language of David Duke. As irrelevant as those ties may be to my argument (as I stated), perhaps I should have gone further, exploring and relating those connections.

It is worth noting that the tactics of clamping down on speech also do great harm by giving people like Fromm a more credible soapbox. How many people are impressionable enough to give Fromm’s racism credibility simply because he’s being unjustly treated by the Canadian government?

One reason I tried to glide quickly over Fromm, in my column, was to direct attention to the problem good citizens can control: government. As opposed to problems we cannot control: the minds of those others who are immune to persuasion against bigotry and hate.

Canada's lack of free speech rights is a serious problem. It not only assists people like Fromm to appear more sympathetic, but moreover, it ultimately puts government above criticism.

Correction Renny
Zenger's attorney was Andrew Hamilton, not Alexander Hamilton. The latter wasn't even born yet.

Freedom of Speech
"A government official acting on duly enacted government policy". Interesting words that were probably the same basis for laws enacted against Jews in the 1930's in Germany.

Once you have terminolgies such as "hate speech" codified into law, it is only a matter of time before someone in a position of power who does not like what you say will attempt to silence you under the guise of "hate speech".... unless you agree with the government.

Some of our Founding Fathers did not want the Bill of Rights in the Constitution because they felt these were God-given rights. Once you codify them into man-made documents it gives the appearance that these are "human rights" bestowed by government. All you have to do is get rid of this "God" stuff. What government giveth, government can taketh away.

Hate speech laws are unidirectional. It does not work in reverse. Wait until it is "your free speech" that gets infringed, you will feel differently then. Are some things that people say disgusting ?? Absolutley, but there is a looming danger when you let the genie out of the bottle and pass laws restricting speech. There are many people who need to read the 1st amendment. It is very explicit. Our Founding Fathers were far wiser than we give them credit.


there have been sevral
comments concerning responsibility and free speech. I can agree with that but I have a problem with how it's defined and enforced. People and businesses are now sued over comments, which is ridiculous and unjust. Minorities seem to be exempt from these rules as they have made many hateful and racist/sexist public comments with no punishment. When was the last time a black person was prosecuted for a hate crime? Black on white violence is far more common than white on black, yet there is never a mention of a hate crime involved, except by the common person, who then is ignored. These policies are, in my opinion, what is fueling the racial divide in this country. Black anger is continually stoked by liberals and black leaders and whites are tired of the unequal rules. Does racism exist? Sure it does and a (minority) of all races will always be racist but we shouldn't pander to the lowest denominator like we are.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.