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Moving now would be unfair to the other bidders Qatar beat bids from Australia, South Korea, the U.S. and Japan to win the right to stage the 2022 World Cup. Moving it to another date other than the one they all had to include in their bidding offers would be unfair towards the losers of that bidding process. When submitting their bids to FIFA for hosting the World Cup, every nation has to consider a lot of factors in order to decide the budget, the venues, etc. One of the biggest and most important factors is of course the date of the World Cup. Each country had to take into consideration the events that happened in that respective time frame in their area, how long it would take to build the facilities, the organizing staff’s availability and many other factors. As a result others bidding offers would have been different if the event were to take place in winter, instead of summer. The FFA chairman, Frank Lowy broke cover to call on the world game's ruling body to promise that "just and fair compensation should be paid to those nations that invested many millions, and national prestige, in bidding for a summer event if the tournament is shifted to Qatar's winter".(1) As the race was extremely close, any change in the parameters that determined the winner could have a significant impact on the outcome of the race. Football League chairman Greg Clarke, who was part of England's 2018 bid delegation three years ago when Qatar won the vote for 2022, said “FIFA should run the vote again rather than switch the tournament to the winter”.(2) Undoubtedly, it is fairness and equality that must be prioritized in deciding the winner of such a big event, which would bring a lot of social and economic benefits to the winner. As a result, there mustn’t be any room for error, but changing the date of the World Cup creates exactly such a problem and looks like favouritism. (1) Owen Gibson “FIFA tells Australia to forget about £25m World Cup bid compensation” The Guardian, 17 September 2013 (2) Richard Conway “Qatar faces no threat to its right to host 2022 World Cup” , BBC, 3 October 2013 | |
It is true that the change of dates might constitute a problem for media companies, but there are a few points due to which this change wouldn’t be unfair towards them. First of all, it was clear from the beginning that the dates could change and that the final decision belonged to the FIFA Organising Committee. As a result, this risk should’ve been taken into consideration when deciding the offer. Secondly, ratings are ratings. Media companies’ main concern is attracting more and more people to watch their program so that they can ask for higher prices for companies who want to advertise on their channel. As a result, it doesn’t matter that the World Cup takes place in winter or summer, as the broadcasters that are showing the world cup will have the same increase in ratings. They will still be drawing viewers from other channels so as far as they are concerned, the effects should be similar. Finally, even if these highly unlikely harmful effects do exist, the normal response would be to renegotiate the broadcasting-rights with all the media channels and reorganize the auction. In that way, all the broadcasters could take into consideration the price they would pay for a winter World Cup and so they won’t be exposed to these downsides caused by the date change. | |
Teaching just evolution does not prevent teacher encouraging students to analyse how well evolution fits with the facts the students have learned. Similarly there can still be critical discourse in the classroom; analysing a fossil to decide what kind of animal it was and what its various parts of its anatomy were for would be just as rewarding for students. Moreover analysing on a smaller scale would mean having all the available evidence whereas students could never be expected to study all the evidence on creationism and evolution. | |
Teaching creationism as well as evolution gives students freedom to choose This bill that opens the door to creationism is really about changing the way that teaching is done to make it more critical and analytical. This is an improvement in scientific education as it will help ensure that science is about critical, constructive discourse rather than just imbibing ‘facts’. [1] This bill aims to “inform students about scientific evidence and to help students develop critical thinking skills necessary to becoming intelligent, productive, and scientifically informed citizens”. [2] How can students be critical and learn to analyse if there is only one theory available to them through which to look at and analyse those facts? That would not be education, it would be indoctrination. [3] [1] Zimmer, Robin, ‘Critical Thinking, Analysis Foster Good Science’, The Tennessean, 11 March 2011, [2] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, [3] ‘New Tennessee law: encouraging creationism or academic freedom’, Public Radio International, 23 April 2012, | |
In practice allowing room for other theories is a “permission slip for teachers to bring creationism, climate-change denial and other non-science into science classrooms”. The singling out of these subjects in the bill shows that it is not about impartiality and objectivity in science. [1] Instead it is promoting a kind of science denial allowing anyone with some quack theory to demand to be allowed to teach it regardless of the evidence. [1] Thompson, Helen, ‘Tennessee ‘monkey bill’ becomes law’, nature, 11 April 2012, | |
Freedom of speech should apply to teachers as much as anyone else Freedom of speech and expression are protected by the first amendment to the US constitution [1] and teachers are entitled to freedom of speech and their academic freedom as much as anyone else. If a science teacher does not believe that the evidence supports evolution then why should s/he have to teach evolution as fact rather than just as one of several competing theories? The Tennessee bill protects freedom of expression by freeing teachers to include whatever other angles on controversies such as evolution or climate change as they wish. [1] Legal Information Institute, ‘First Amendment: An overview’, Cornell University Law School, 19 August 2010, | |
This is not a freedom of speech issue. Teachers are already free to express their own views during their own free time. When teaching in a school however they are limited by the demands of what is necessary to teach their pupils. Freedom of speech does not give teachers qualified in one subject the wherewithal to teach their class a different subject which is effectively what teaching creationism means. Creationism should remain in religion classes and evolution should remain in science classes. Teachers are employed by the state in order to teach children facts, not spread personal ideology. It is therefore best to seperate facts and ideas into seperate subjects. | |
The bill does not exclude evolution just allows room for other theories What this bill allows is for the facts to be taught and then seen through the lens of various theories. The bill requires that the schools within the state remain within the state science curriculum. It “protects the teaching of scientific information, and shall not be construed to promote any religious or non-religious doctrine”. [1] Evolution will therefore still have to be taught and won’t be replaced wholesale by any other theory. The result therefore is that this Tennessee law opens up academic enquiry and science rather than shutting it down as opponents claim. [1] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, | |
First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented. [1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, | |
It is never too early to teach students to question ideas and theories no matter how well grounded they may claim to be. Students are capable of realiseing that there is a difference between the theories that interpret the facts and the facts themselves so educating in the facts will not be more difficult. The result will be classes that are much more engaged in the subject because they have more input in the teaching, this can only be good for science education. | |
Children should have the freedom not to be misled Part of freedom of speech is the freedom to get accurate information. The students in school have this right not to be misled by their teachers [1] so teachers should have to concentrate on providing facts and evidence and what has been scientifically proven. Eugenie C. Scott of the National Center for Science Education argues “Telling students that evolution and climate change are scientifically controversial is miseducating them” because there is no controversy among scientists. [2] The law as it stands may attempt to sound balanced but preventing “discrimination for or against religion or non-religion” [3] opens the door to any theory seeking to explain the evidence no matter how flawed. This would be directly counter to the objective teaching the bill claims to promote. If there is to be objectivity schools must stick to the evidence and what it shows; evolution. The teachers may of course encourage the students to come up with their own interpretations of the evidence but should not be attempting to force their own views upon the students. [1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, [2] Strauss, Valerie, ‘Tennessee back to the future with new anti-evolution law’, Post Local, 11 April 2012, [3] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, | |
As it is not science creationism should not even be covered by the Tennessee law As creationism does not fit the definition of "science", it is not even addressed by the law cited in the introduction to this discussion. The act specifically allows to discuss "scientific strengths and scientific weaknesses of existing scientific theories". It is a very false conclusion that because evolution is both scientific and a hypothesis, any other hypothesis must be scientific as well. Creationism is lacking the key point of anything that could even remotely be called science, namely testability and falsifiability. Evolution posesses this property: There may one day be actual evidence that the theory is incorrect, such as a modern human fossil being found in a layer of soil that dates back aeons. Given enough such incidents, one could reasonably claim that evolution has been disproved and that there must be a better model to approximate reality. This is what commonly happens in the world of science. As a prominent example one may cite our views on atoms: They have been refined from "they are tiny multi-symmetrical grains" to the detailled analysis of sub-atomic particles we see today. This took innumerable steps, and yet we know for sure that our theories will never be accurate enough to describe reality. However, such a process is impossible with creationism, as it is based on a belief. In theory, it could very well be true - God could have created C14 signatures in such a way that they would appear billions of years old to a modern researcher, and we could never know. This may be applied to each and every other aspect of research on the foundations of our universe. But excactly because we can never know, creationism can never be subjected to scientific analysis, and thus cannot qualify as scientific or science. It can only be subject to belief: You may well chose to believe that the creation happened excactly as described in the bible, as an omnipotent being would surely have the power to defy the laws of physics and just 'make things be'. Thus, in theory, any contradictory evidence such as the C14 signatures may be dismissed based on belief in an omnipotent being, whose non-existance may never be disproved either due to the laws of logic. For this reason, creation may never be falsified, cannot be called a scientific theory and is not addressed by the law cited above. Hence, its discussion should not be supported by the state. | |
Tennessee is not seeking to protect freedom of speech While supporters of this bill justify it based upon ‘academic freedom’ this is clearly not a motivating factor for the Tennessee legislature. At almost the same time a bill that prevents teachers discussing homosexuality was passed through the state’s education committee, if freedom of speech has been a concern this would never have even been brought up. [1] Moreover if the bill was about freedom of speech there would be no need to highlight particular controversies or particularly pick out science as an area requiring more discussion and dissent. Students could learn much more about competing interpretations of historical events, competing ideas in geography such as alternative theories about how oil is created, [2] even the English language is not totally settled as new meanings are created and new words added. [1] Selwyn, Casey, ‘Teaching creationism in US schools’, Free Speech Debate, 2 May 2012, [2] Glasby, Geoffrey P., ‘Abiogenic Origin of Hydrocarbons: An Historical Overview’, Resource Geology, vol.56, no.1, 2006, pp.85-98, | |
Teachers should not have freedom to teach whatever they wish as fact There is a difference between a demand for freedom to teach what you like and freedom of speech. Freedom of speech does not apply in the classroom; students are not allowed to stand up and discuss whatever issues they want and neither should the teacher. Both have to stick to a syllabus that ensures that the children are taught the basics of each subject so that the student can move on to more advanced instruction. Ultimately for students to be able to exercise their right to freedom of speech they need to have a well-rounded education that provides a grounding of knowledge and how to analyse that knowledge. The student is then perfectly free to challenge this teaching and exercise their freedom of expression and explore many more ideas and dismiss evolution if they wish. Essentially this bill is encouraging criticism of science at too early a stage, in elementary or even secondary school teachers are still teaching what science is, what it is for and how it works and it does not help to ‘muddy the waters’. [1] [1] ‘New Tennessee law: encouraging creationism or academic freedom’, Public Radio International, 23 April 2012, | |
We cannot yet fully test evolution either; we can't recreate evolution in the lab. Creationism provides a valid critique and so should be taught alongside. | |
It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1] [1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, | |
It’s fairly predictable that in a country such as Pakistan where the overwhelming majority come from one religious tradition that there will be a higher percentage of those people to be offended and, conversely, that a majority of suspects are likely to come from other groups. | |
Inevitably protects entrenched interest groups (Church in Crucible, Muslims in Pakistan) In the event of two different perceptions of what constitutes harm, there is a tendency for that of the larger group to be seen as normative and, therefore, correct. This is shown to be the case in the example given here but also in other instances from the Salem witch trials to the fatwa on Salman Rushdie [i] ; the fact that there was an authorising body – in the shape of an orthodox religious body – the allegation itself acquires the force of that orthodoxy. It is rare for minority beliefs to have much success and almost unknown for secularists to do so. Several cases in North America brought in an effort to protect the religious rights of Wiccans, for example, yielded little as they lacked the force of religious orthodoxy [ii] . In states where there is either great homogeneity of belief or there is a theological element in the courts or political system, this has tended to be even more the case. This is particularly true of states that identify themselves officially with one religion, and especially so in the case of Islamic states [iii] . [i] The Guardian. Looking back at Salman Rushdie’s The Satanic Verses. 14 September 2012. [ii] Religioustolerance.org. Wiccan education and anti-defamation groups. [iii] Viewpoint. The Blasphemy syndrome. 12 October 2012. | |
The right to free speech is not a license to express any opinion regardless of the context. It’s equivalent of standing in a Museum and shouting, “Fire”. It is in these environments that caution is required. Allowing free speech is one thing, allowing speech likely to cause harm is another is quite a different. There is a crucial difference between public and private space. Where offensive remarks are made in the public space then the blasphemer has knowingly put themselves and others in danger and - citing such principals as civic responsibility and the social contract, governments would have both a responsibility and a duty to use their legal powers. | |
Based on allegation rather than proof (cf. Sorcery, witchcraft, etc.) Blasphemy, by its nature, is ‘all in the eye of the beholder’. It is impossible, in most cases, to determine whether there was intent on the part of the accused and as a result it is difficult to codify in legislation. Equally, unless the law takes a particular theological position, one person’s blasphemous slur is another’s sacred profession. It relies on the predicate that the person alleging blasphemy was offended or felt their faith was under attack. Of course these offences are very real and may at times be possible to codify but they cannot be applied universally because the perceptions they necessitate are not universal. As a result, as in the case given above, allegation and proof must be deemed to be the same thing - to be accused is to be found guilty [i] . Acts of blasphemy cannot rest on intuited human norms – I do not wish to be harmed in this way therefore you do not wish it either – because those involved have a different understanding of the harm. In the light of this there may be many remedies for blasphemy but legislation in general and criminal sanctions in particular cannot be appropriate. [i] The Economic Times. Rajiv Jayaram. Blasphemy law represents coercive nature of Pakistan towards minorities. 27 August 2012. | |
It is perfectly possible in many circumstances to demonstrate intent before a blasphemous comment is made. Waving a banner making derogatory remarks about the founder of a religion or burning an emblem of the faith outside a place of worship could easily be said to demonstrate an intent to harm. Moreover many cases come down to one person’s word against another’s. | |
People have a right to blaspheme In the laws that come the closest in framework to blasphemy – libel, slander defamation and a range of incitement laws – there is a requirement to prove harm. This level of proof is not set at the level of being offended or believing that a problem may ensue, and certainly not at the level of just disagreeing with a statement. If there is no proof of harm then the principle of free speech stands, usually termed as a ‘justifiable comment’ in defamation defences. It is entirely possible to respect the rights of others to hold an opinion and, as in this case, disagree with that opinion [i] . For anything other than that as the only logical basis for discussing blasphemy, it would be necessary to demonstrate a causal link to actual or probable harm – usually this proof requires either financial or physical harm to be involved [ii] . In the case of blasphemy, such harm cannot be demonstrated. There is also an interesting point of whether God can be said to have been harmed and whether it is possible for a third party, other than the state, to act as a result of harm having been caused to another. As a result, since harm cannot be proven and neither, in most cases, as we have seen in the previous argument, can intent be proven, it is difficult to see how blasphemy is anything other than free speech. It is far easier for other social groups – sexual and political minorities, people of disabilities and others – to prove both harm and intent of statements and actions but lack the legal protection given to religious organisations through blasphemy laws. [i] See principle seven of the Free Speech Debate principles . [ii] Wikipedia. Defamation. | |
This is the truly the argument of rogues. Where a mob seeks to gather to deliver their own brand of very immediate justice would be against the law and should be dealt with as such. For governments to argue such an approach is a complete abdication of responsibility. It is also incredibly naïve to suppose that the niceties of treaties would be observed in the Pashtun Valley or the Gaza strip. | |
If any state were to try and protect their citizens against all offence, it would have to ban everything. It is difficult to see how such a process could work – one that would allow Saudi men to be offended by the sight of a woman driver and, at the same time, those of a more liberal nature to be offended by them not driving. A test of legislation should be whether it can be universalised, where offence can be taken in both directions that is not, and cannot, be the case. As a result it is clear that legislation is an inappropriate tool to use in regards to blasphemy. The issue is not disagreeing with the particular piece of legislation but with the idea that legislation in this area should be introduced at all. Moreover the examples of limitations on the media used are not good parallel’s to blasphemy as blasphemy may be either unintentional or else be on the spur of the moment which is not the case with the media. | |
Blasphemy is comparable to legislation banning hate speech Not only can remarks or images be labelled as inappropriate but, in extreme cases governments ban organisations, meeting and demonstrations. Where speech is deemed to be prejudiced or inflammatory the state intervenes to prevent either offence or possible violence. In all of the situations covered by blasphemy laws, the first of those would apply and, as has been seen on so many occasions, the latter is not uncommon. The experience of the “Anti-Islam video” prompted civil unrest around the world [i] costing nations money in terms of lost work and increased police time. Both governments and individuals have the right to be protected against such outpourings of outrage. It seems only sensible for governments to prevent such difficulties where they can. In this light a legislative code that bans blasphemy is useful in the maintenance of social order and cohesion in many countries. It is a given in most countries that the government has a duty to protect citizens against statements or actions that they have a reasonable basis for believing are likely to cause social unrest. Blasphemy is just another example on that list. [i] Al Jazeera. Timeline: Protests over anti-Islam video. 21 September 2012. | |
If the courts did not handle these issues, the mob likely would. Where a grave offence is caused to many people and the state proves to be impotent in addressing it, it is not uncommon for vigilantes to take matters into their own hands. Surely it is preferable to have such situations handled by the courts and under the rule of law. Proposition gave the example of the Salman Rushdie affair, where Ayatollah Khomeni issued a global fatwah on the author following the publication of the Satanic Verses. How much more preferable would it have been for that process to have been handled by means of diplomacy [i] , extradition and trial than a decade’s worth of civil and international discourse. The Arab league and others have called for an international treaty to this effect, as the issue of blasphemy committed in one nation causing offence in another comes increasingly to the fore in an internet age, it seems an effective approach. In an increasingly Global world with the possibility for inflammatory remarks to travel the world in a matter of seconds, leaving only their context behind, it is time for governments to have a serious conversation about an international framework - to make sure that justice stays in the courts rather than the streets. [i] Globalpost. Daniel DeFraia. Muslim nations push for international blasphemy law. 25 September 2012. | |
Blasphemy causes offence to groups and individuals Not agreeing with a law does not provide carte blanche to ignore it. The reality is that large numbers of people in many countries and religious traditions find blasphemy offensive and upsetting. If, as prop argues this crime causes no harm, then they presumably accept that it can have no physical benefit to the blasphemer. So why do it? We place limitations on violence, sex and expletives in movies, on TVs and in publications, not because they cause a provable harm but because some find them offensive [i] . These actions, along with blasphemy, are collectively classed as criminal libels as they require the state to act rather than an injured party. We further create public order offences in relation to racial abuse, which, like blasphemy, may not be premeditated [ii] . Those in breach of such limits face a punishment. If we are happy to impose widely held norms of behaviour in public fora such as entertainment – or in regard to public behaviour - then why not acknowledge similar issues in the case of spiritual beliefs. If, for example, the overwhelming majority of the population find attacks on the prophet Mohammed offensive then why not legislate on that basis? [i] The News Manual. Chapter 71: Blasphemy, obscenity and sedition. [ii] Brian Farmer. The Independent. Comic Frankie Boyle sues Daily Mirror for libel. 15 October 2012. | |
There are clear differences between racist, sexist or homophobic language and blasphemy. Hate speech legislation exists to protect minorities against being abused. A blasphemy ban, by contrast, simply perpetuates the influence of already powerful interest groups. Equally, to develop ops theory of sudden vigilante groups springing up to seek out the blasphemer – hate speech legislation seeks to protect the likely victim of a violent crime, according to Opposition, blasphemy legislation would seek to support the perpetrators. | |
Corporations represent the collective labour, goals, capital and ideas of a vast number of people. Far from representing a “person” who is accorded undue influence and significance by politicians, corporations are crucial in allowing major contributors to national economies to have a say in the affairs of the states that govern their activities. It has already been established that corporations- even profit-led corporations- are capable of operating under complex regimes of objectives and goals. Not all corporations bow to the profit motive solely and exclusively. Suppose- following the Bradly Smith article quoted above- that a corporation faced the prospect of downsizing unless it could access a lucrative government subsidy. Loss of jobs would anger the company’s workers union. The corporation would have every incentive to use its influence to affect the decisions of the politicians responsible for distributing the subsidy. Moreover, in expressing an opinion on the matter, the corporation would be reflecting the views not only of its shareholders, but also of its workers and their union, it suppliers, its creditors. Corporations can have an insight into the economic processes driving particular states that politicians may lack. Corporations concentrate very specific skills, skills that may not be reflected in a civil service, and are often based placed to provide opinions on- for example- trade relations with foreign states or the educational and research projects that a government should invest in. Individual students and scientists are unlikely to be able to muster this much influence. Corporate entities represent a number of objectives, each supported by a large number of natural individuals. Even if a business corporation is sometimes at odds with its workers, those workers would still agree that they have an interest in the success of that corporation. Politicians do not court the support of corporations because they are wealthy or powerful as “individuals”, but because they contain significant numbers of voters with comparable views, concerns and aspirations. | |
Corporate influence distracts politicians from the needs of their constituents. The content of public speech is informed as much by the ideas and convictions of individuals engaged in free expression as it is by the concurrent acts of expression engaged in by other individuals. Free speech is a product of society and the processes driving the development and growth of society. The environment in which free speech is currently exercised is characterised by pervasive acts of expression – television commercials, billboards, spam email and advertisements on social media sites. Each of these forms of media is aimed at influencing opinions and behaviours. Active engagement with a book or a movie is often a prerequisite if an individual is to be influenced by its content.. The audience for the content contained in an advert does not necessarily choose to engage with its message. As a result of this, adverts are uniquely placed to bring issues and perspectives to the attention of individuals who might otherwise have been unaware of them. Advertising is a powerful political tool. For this reason the manner in which political causes can be advertised and the amount of funding spent on those adverts is, almost without exception, strictly regulated in most liberal democracies. Commercial content carried by for-profit organisations such as newspapers and television channels is expensive. The prominence of a message is affected by the amount of money that can be spent on increasing its length, rebroadcasting it and showing it to new audiences. When it comes to political speech, spending money is the best way to increase the efficacy and persuasiveness of a message. Irrespective of the qualities of a particular campaign, the qualifications of its candidates or the evidence underlying its policy proposals, its effectiveness will still be measured in the amount of money that it is able to spend on advertising. Legal restrictions on political spending are intended to prevent political speech from becoming a battle of budget rather than ideas – campaign finance laws are designed to protect the integrity, quality and efficacy of speech. In the USA the Bi-partisan Campaign Reform Act achieved this goal by preventing corporations from funding “electioneering communications” within 30 days of a caucus or 60 days of a general election. “Electioneering communications” were defined by the acts as publications that named a federal candidate (a candidate for a presidential election, for example). The Act prevented interest groups indirectly affiliated with particular candidates from spending money to support a candidates’ message. Although there are limits on the income that a politician can directly receive from donors, different rules apply to organisations that are not directly affiliated with that politician. And although a politician may receive criticism for receiving corporate money, corporations can contribute to causes indirectly, by providing funds of issue groups. | |
Corporates that attempt to address social issues damage political discourse. Corporate personhood is a challenging concept for liberal democracies. On the one hand, the legal fiction that underlies personhood enables groups of citizens to quickly and efficiently join forces to make collective grievances heard and to use weight of numbers to match the influence of wealthier individuals. However, corporations, particularly in the business context, can also be large and unaccountable organisations. This proposition must address two issues. First, whether acts of free expression engaged in by corporations generally should benefit from the same protection as acts of expression engaged in by individuals. Second, whether there should be more scrutiny of the membership and objectives of corporations – or whether corporations should receive rights conditional on their activities. If we follow the reasoning in the Citizens United case, which radically changed the interpretation of corporate speech rights in American law, it is clear that acts of corporate speech should benefit from a high standard of protection. Corporations can take the form of churches, trades unions or political campaigning groups [1] . The fiction of personhood allows these organisations to operate more freely, ignoring many of the bureaucratic burdens associated with partnership organisations. It also allows citizens to found non-profit making groups, such as PACs, without the risk of being made liable for the debts that those groups generate. Profit-led corporations may be used to publish examples of free expression, without necessarily wishing to influence or misuse the ideas expressed. The publishers of political science textbooks, of annotated editions of Kapital and of Capitalism and Freedom are still profit-led businesses. In short, free speech in liberal democracies cannot be exercised effectively without the ability to disseminate speech among a large audience, and without the ability to co-operate with others in order to do so. For this reason, where a corporation is permitted to engage in free expression, the contents of its acts of expression should not be subject to restrictions that differ radically from those applied to individual acts of expression. But what about the second issue? Natural persons are allowed- as a general rule- a broad right to free expression. This right is subject to certain caveats, but there is always a presumption that expression should be free and subject to as few limitations as possible. Should corporations benefit from the same presumption? No. The proposition side suggests that corporations’ access to constitutional free speech rights should depend on their goals, objectives and membership. Corporations, unlike natural persons, are inflexible in their motives and influences. Free speech is preferable to conflict because it acts as a conduit for compromise, but before compromise can take place it must be possible for the participants and audience in a discussion or an exchange of views to be influenced by their opponents’ arguments. Profit-led corporations owe a very specific duty to their shareholders- the individual who support and constitute the corporation. Under the corporate-laws of almost all liberal democracies, business corporations must act in their interests, and this invariably means generating profit and increasing the value of the equity that each shareholder has in the business [2] . Because this duty is a legal one, and failure to uphold it can be cause to remove corporate decision makers (directors and executives) from their jobs and even to bring them to trial. This behavioural imperative is absolute. Were a business corporation to announce that it would no longer operate with profit as its core priority, it would collapse [3] . Even if this process might not be inevitable in the real world, it still informs corporate culture to a significant degree. Natural persons are flexible and pragmatic; at the very least they have the potential to be so. Profit-led corporations are not. Free speech rights exercised by a profit-led corporation will always be exercised in the service of the profit motive. [1] Citizens United v Federal Election Commission. Supreme Court of the United States, 21 January 2010. 558 US [2] Bakan, J. “The Corporation”, Free Press, 2004 [3] “Kay needs to replace ‘shareholder value’ with ‘corporate value’.” Professor Simon Deakin. Financial times, 20 March 2012. | |
The proposition side have resurrected an old legal mechanism that was of limited use in order to defend an inaccurate and polarising interpretation of corporate rights. The proposition argues that the actions and behaviour of profit making business corporations will always be guided by the profit motive and that, for this reason, corporations will never be able to contribute to the accommodations and compromises that free speech is used to foster. In plainer terms, side proposition see corporations as being inherently deceptive and untrustworthy. The proposition side have failed to consider that it is possible for corporations to function within free markets, and to participate fully in capitalist democracies, without being bound to a single minded pursuit of profit. Corporations have now recognised that the growth and maintenance of profits in the long term can often best be served by under-emphasising profit in the short term. Corporations have become increasingly conscious of the effects that their activities have on the societies that they operate in. Ostensibly profitable actions that undermine the cohesiveness of communities, make enemies of politicians or, ultimately, create less stable market conditions will not contribute to the long-term health of the corporation. Indeed, long term planning and long term impact is more important to corporations as they exist in perpetuity. Unlike natural persons, corporations will never die. The profit motive is no longer the primary driving force behind corporate activity. There is little need for the state to take drastic steps to curtail corporations’ freedoms , because the behavioural imperative that the proposition side objects to is no longer the central priority of businesses operating in liberal democracies. Another way to address this problem is to adopt the perspective of NPR columnist Bradley Smith. Smith correctly observes that states, including the USA, may grant rights to individuals and that those rights may be exercised under certain circumstances that the state prescribes. An individual can, for example, exercise a right to receive income support, or can obtain a right to drive a car by passing a driving test. Similarly, corporate persons have been granted a certain body of rights by the state [1] . The individuals that band together as a corporation have the right to limit their liability for the corporations losses; to have the corporation treated as a single person and to benefit (in the US at least) from similar rights to due process and freedom from discrimination. Simply because a corporation is granted certain rights by the state that improve the efficiency of its operations and the financial position of its members, this does not mean that it should lose its right to speak freely. In a liberal democracy, rights are not traded, hedged and swapped by states and citizens. Nor do constitutional rights exist in a hierarchy. Rights are incommensurate, because they can be applied in a wide variety of ways to defend a wide variety of causes. The right to speech are persuasion must always remain flexible because different audiences and different groups respond to different arguments. There is nothing dishonest in a company choosing the most persuasive manner of speech that it can find in order to defend its own interests. [1] “Corporations are people, too”. National Public Radio online, 10 September 2009. | |
The value placed upon the right to free expression reflects its ability to enable the articulation of new, compelling and beneficial ideas, alongside damaging forms of speech. In liberal democratic societies, the potential inherent in free speech has always preserved it against limitation by legislation and- to a great extent- by social norms. A natural (as opposed to legal) person who makes statements that are openly offensive, or are inaccurate or misleading may also be able to articulate profound and useful ideas and observations. This is also true for certain groups formed by association – such as political parties. However, corporations as they are popularly understood- as business entities- are constrained by law only to act in a certain way. In the United States, the individuals responsible for deciding on the actions of a corporation do so on the explicit understanding that they owe a particular duty to the individuals who make up that corporation. This legal duty takes the form of an obligation to run the business to maximise the value of the shares [1] in the business that each of its constituent investors holds. This duty has done a lot to promote investment in new businesses and to keep the reputation of established firms intact. It ensures that confidence in corporations is not undermined by speculation that they might be pursuing the wrong goals and it allows incompetent directors to be removed from their positions before they can harm investors' interests. However, this law also makes it necessary to limit the other rights that corporate persons might have access to. The Unitarian commentator Tom Stites puts the situation bluntly. “Corporations express the collective investment goals of shareholders... Fiduciary responsibility confines all but closely held corporations to this singular goal. By shutting off other values to focus solely on pursuit of profit... corporations are by their nature immoral...” [2] In other words, the boards of directors of large corporations, in most circumstances will only be able to pursue a profit motive. The type of personhood that money-making corporations utilise under American law is a personhood that comes complete with a very specific personality and set of goals. A corporate person that is formed by a collective of shareholders, each of whom have invested in the assets held by this individual, will be bound to engage profit motivated behaviour when it acts [3] . Executives and employees of the corporation, will find their jobs at risk if they choose to forgo profit-led behaviour in favour of directing a corporation to take actions informed by different social and economic principles. An individual's right to free speech cannot not be abrogated in a broad fashion by a liberal government, in part because he is, to borrow an archaic phrase, “the captain of his own soul” – an individual with free will, able to be influenced by argument and to develop new ideas and perspectives upon the subject of his speech. A profit making corporation, however, is obliged to follow a single set of behavioural imperatives. If it is not attempting to maximise its profits, it will seek to protect the value of its interests and the efficiency of its operations. Where it is able to speak freely, a corporation will always use its right to expression for predictable ends. It is easy to envision scenarios in which corporate bodies will use the right to free speech to spread false or inaccurate information or to distort open debate if there was profit to be gained or protected. Human behaviour is diverse and the ideas that we express can be altered by reason and the influence of argument. Through legal measures that were intended to protect shareholders investment in profit-making corporations, corporate behaviour has become limited, closed minded and immune to persuasive debate. [1] Mills v Mills (1938) CLR 150 [2] “How corporations became ‘persons’”. uuworld.org, 01 May 2003. [3] Bakan, J. “The Corporation”, Free Press, 2004 | |
Limiting the rights of corporate persons would harm a wide range of organisations and limit the freedom of natural persons. Public speech and exchanges of ideas lie at the root of political and social decision making in liberal democracies. Without a guarantee that expression will remain free and protected from government interference, the other rights discussed in the first amendment to the United States constitution would become impossible to exercise. The discussion and pursuit of religious ideas would be obstructed. The ability to challenge the actions and decisions of an incumbent government would be put at risk too [1] . Even the reporting of verifiably true information about the affairs of the state and its citizens- freedom of the press- would become hazardous without the toleration for inaccuracies and the concept of public interest that principled freedom of speech gives rise to. In order for a right to be meaningful, however, it must be possible to exercise that right effectively. A right to free movement would be meaningless if the government that guaranteed it was unable to keep its citizens safe within their communities. Similarly, free speech in liberal democracies cannot be exercised effectively without the ability to disseminate speech among a large audience, and without the ability to co-operate with others in order to do so. Isolated oratory and passing on news by word-of-mouth are not effective ways of handling information. Corporate entities have emerged as the most effective method of pooling individual resources in order to take full advantage of the benefits and freedoms of free speech and dialogue [2] . As the columnist George Will observes, in the USA “newspapers, magazines, broadcasting entities, online journalism operations- and most religious institutions- are corporate entities.” [3] The proposition side advocates depriving these bodies of many of their rights, simply because they benefit from a legal fiction that- itself- is designed to make co-operation and resources sharing among like-minded individuals- natural persons- more effective. The difficulties presented by corporate campaigning would allow the state to restrain the publication of almost any coherent, publicly distributed form of speech that was critical of politicians or their parties. The legal scholar Eugene Volokh has noted that Jim McGovern's People's Rights Amendment, which most closely resembles the proposition's mechanism, would give legislators fiat to restrict the content of newspapers by defining it as “corporate” speech that did not benefit from the same set of rights as the expressed opinions of natural persons. This is a wider application of the rule that brought Citizens United and the BCRA before the supreme court [4] . As set out in the introductory case study, the BCRA allowed the Federal Election Commission to claim that a movie (produced by a right-wing PAC) critical of democratic presidential hopeful Hilary Clinton represented a misuse of private funds that could potentially give an unfair advantage to Clinton's opponents. Under the sections of the BCRA that were struck down in 2012, and under the new laws that proposition wish to create, it would be possible for legislative bodies and the judiciary to target any and all forms of political communication produced by corporate entities without having to consider the objectives of those communications. In plainer terms, the state's power to ban and censor free speech would not be limited to statements made to lobby an electorate or to campaign in favour of a particular politician or policy. Citizens who wished to avoid being caught up in this law would be obliged to share resources via archaic legal structures such as partnerships and co-operative agreements. Assemblies of citizens could be exposed to a great deal of financial risk in such a situation. Each member of a partnership would be forced to bear the debts and legal liabilities of the entire partnership. In addition, agreements concluded by the partnership would require the consent of every partner. This is a minor inconvenience when a partnership consists of two or three people, but it would be an impossible demand to fulfil for an organisation such as the communications giant ComCast, which has a share volume of 10.5 million (as of May 2012). [1] “Taking a Scythe to the Bill of Rights”. Will, G F. The Washington Post, 05 May 2012. [2] “Infant and corporate rights”. The Economist, 07 May 2012. [3] “Taking a Scythe to the Bill of Rights”. Will, G F. The Washington Post, 05 May 2012. [4] “The ‘People’s Rights Amendment’ and the media”. Volokh, E. The Volokh Conspiracy, 26 April 2012. | |
Uses of free speech motivated by personal gain should still be protected. The primary objection of the supporters of the Bipartisan Campaign Reform Act to the decision taken in the Citizens United case seems to be that the objective of some corporations is usually the maximisation of the profits that their shareholders’ or owners receive [1] . Other considerations, we are told, take second place in the hierarchy of needs that corporations create for themselves [2] . Opponents of the Act and critics of the supreme court decision on Citizens United have attempt to claim that, because corporations’ behaviour is profit-led, corporate entities will use an unrestricted right to free speech to lie, cheat and manipulate the public [3] with the intention of boosting their returns. In other words, corporations will not use a right to free speech with the responsible aim of advocating for social change, but to enhance their own position as businesses or membership organisations. In the sections of the amendments to the United States constitution that deal with the free speech rights of groups of individuals, no distinction is made between businesses, political parties, unions, or any other sort of gathering of citizens with similar interests and aims. As far as the core principles of the legal and governmental culture of the US are concerned [4] , all of these organisations are “corporate”. The first amendment to the US constitution states that “Congress shall make no law respecting an establishment or religion, or prohibiting the free exercise therefore; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition to government for redress of grievances.” [5] The right to peaceably assemble draws no distinction between peaceful assembly for political purposes and peaceful assembly for other reasons. Discrimination of this type would only have served to undermine the wide range of freedoms that the Bill of Rights guaranteed. After all, people obtain power through acting collectively. Any limit on the forms that collective action can take is also a limit on the ability of groups within society to respond to powerful actors by leveraging strength of numbers. “Corporation”- despite its contemporary connotations- remains a very broad and generic term. Even a large corporation is still directed by the approval and consent of its members. Restrictions on corporate speech represent of violation of the individual’s right to free speech Irrespective of the content of what an individual has to say, of the statements that he makes in both the public and the private spheres, liberal democratic constitutions (not just the US constitution) impose very few restrictions on that individual’s right to speak. An individual that makes baseless statements that harm the social standing and reputation of an individual may be subject to civil proceedings, but is extremely rare for individuals to be censored or criminalised merely for expressing ideas or opinions. Even if the individual is lying, advocating extreme political ideologies or acting in his own interests while claiming to serve those of others, legal responses to his behaviour will be relatively limited and costly to deploy. Corporations, as noted above, are often driven by acquisitive and self-interested objectives. Individuals are just as capable of being motivated by monetary gain, and are just as capable of concealing this motive as corporations. However objectionable the use of free speech by natural persons has been in the past, states have always encountered significant protest and dissent when they have attempted to control the content of individual expression. As discussed in a previous debatepedia article [6] , the possibility that an individual, natural or legal, might abuse free speech, or might be driven solely by profit, does not cancel out that individual's free speech rights. [1] “Town by town, Vermont tackles corporate personhood”. The Guardian, 05 March 2012. [2] “How corporations became ‘persons’”. uuworld.org, 01 May 2003. [3] “Peculiar people”. The Economist, 24 March 2011. [4] Citizens United v Federal Election Commission. Supreme Court of the United States, 21 January 2010. 558 US 50. [5] The Constitution of the United States of America, First Amendment. [6] “Constitutional Rights of the Corporate Person”. Yale Law Journal. (1982) 91 Yale LJ 1641 | |
The People’s Rights Amendment is a proposed amendment to the United States constitution that attempts to address corporations’ increased freedom to engage in political campaigning. Referring to the First Amendment, section 2 of the PRA states “The word people, person or citizen as used in this constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State the United States or any foreign state.” [1] The US Supreme Court justified striking down the BCRA by stating that “if the first amendment has any force, it prohibits congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” [2] However, the BCRA was never intended to limit US citizens' right to engage in effective and public political speech. The First Amendment to the constitution was not overridden by the BCRA. Newspapers remain effectively exempt from the powers granted to the FEC by the BCRA for this very reason, and, paraphrasing Justice Stevens’ opinion in Citizens United, it remains possible for the Supreme Court to challenge any attempt to legislate against freedom of the press – but such action has not yet been taken [3] . Although ordinary citizens rely on corporate structures and company law to make the process of gathering and publishing publicly relevant information easier, corporate structures are also used to fulfil goals that are not related to the interests of the general public. Information released “in the public interest” is intended to be engaged with in a critical fashion. Voters receive information- even if it is biased- on the understanding that it represents an earnest commentary on the strengths and weaknesses and candidates' policies. Voters receive information during elections on the understanding that it relates directly to their interests and their welfare – to how they should vote. The communications targeted by the BCRA, and by the proposition mechanism are those that seek to serve the interests of profit-led businesses by distorting political debate. The large raw materials business Pacific Lumber engaged in an abuse of direct democracy proceedings in Humboldt county, California, when it attempted to use a ballot initiative to remove the county's district attorney from office [4] . The attorney had brought a public suit [5] against Pacific Lumber after incompetent tree felling practices had caused flooding in the area. In plainer language, the corporation tried to use Humboldt County's electoral system to extricate itself from a court case brought by a state official. Such a bold and blatant move should not have been available to Pacific Lumber in the first place. Balloting against Humboldt County's incumbent sheriff was conducted in a manner intended to mislead the public. The purpose underlying Pacific Lumber's actions was kept concealed from the citizens approached by the business's poll operatives. This runs contrary to the ideological objectives of ordinary political campaigning. Even inflexible ideologues that choose to hit the campaign trail will be acting to try and convince their audience that the normative content of their message has value and relevance for society as a whole. A campaign co-ordinated by a profit-led corporation will be geared only to serve the interests of that corporation. Electioneering communications sponsored by corporations damage free speech by failing to contain any normative reasoning or content. They do not represent an honestly expressed view of the direction that society should take, of the policies that should be deployed to address flaws in society. Far from limiting ordinary citizens’ access to the free speech protections that are a feature of liberal democracies, the proposition side are simply attempting to address an aspect of the on-going debate over the how best to protect the quality and vibrancy of free speech. It has always been necessary to ensure that free expression does not become a licence to exploit the credulous, but it is also important for democratic states to allow heterodox and unpopular ideas to be discussed as freely as those that receive widespread social approval. In this instance, legislation that was intended to achieve this objective in the USA has been exploited by corporations to use free expression to forward their own- very narrow- interests, usually under the guise of protecting others' essential freedoms and economic interests. In cases such as this, where the marketplace of ideas has undergone a market failure, where legislation is being applied to scenarios that fall outside of the range of problems it was originally created to address, it is appropriate to reconsider the limits and purpose of freedom of expression. New legislation- including any proposed replacement for the BCRA- must take a case-specific approach to free speech issues due to the wide range of organisations that choose to define themselves as corporations. As discussed in the proposition side's substantive argument, the law must accord speech rights to corporations based on their stated goals, priorities and the groups whose interests they serve. [1] “Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations…” Joint resolution, United States House of Representatives. [2] Citizens United v Federal Election Commission. Supreme Court of the United States, 21 January 2010. 558 US 50. [3] Citizens United v Federal Election Commission. Supreme Court of the United States, 21 January 2010. 558 US 50. [4] “Humboldt DA fights to keep job”. San Francisco Chronicle, 28 February 2004. [5] “Humboldt County D.A. sues logging firm, alleging fraudulent practices”. Los Angeles Times, 26 February 2003. | |
Mehanna clearly expressed sympathy with enemies of the US. His actions since his return from Yemen put the lie to the idea that he wished to pursue legal training and suggest a rather more explicitly jihadi purpose. He has published documentation that explicitly encourages Jihad in Afghanistan, Pakistan and Yemen where, as he knew, the US and her troops would be the target of that holy war. As proposition has pointed out, we live in an age where the musings of an individual can be broadcast a great deal further than an eighteenth century pamphlet. His publications gave not only practical suggestions for the participation of others but also a moral justification and all from inside ‘the Great Satan’ – the actions of fifth columnists and traitors through the ages. | |
Innocent until proven Muslim Judging people by their actions rather than what they may or may not have been thinking is a fairly fundamental tenet of liberty and seems to have been thrown aside with casual disregard in this case [i] . There needs to have been a goal in place for this to meaningfully be described as a conspiracy, there was not; and demonstrably not a goal of murdering Americans overseas, which he didn’t even mention. Instead the court has conflated expressing an opinion about national policy – an entirely legitimate activity according to both the first amendment (“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.”) [ii] and both statute and case law. As Carol Rose, executive director of the American Civil Liberties Union of Massachusetts, declared: “It’s official. There is a Muslim exception to the First Amendment.” [iii] A huge amount of the commentary on this verdict, and the subsequent sentence, has focused on the belief that Mehanna was found guilty because of his religion [iv] [v] [vi] . Whatever the case serious concern has been expressed by jurors, Islamic groups and civil liberties organisations. Tarek Mehanna did not justify, take part in, orchestrate, fund, supply, encourage or plan an attack on US personnel. There is no case to answer. [i] This has not just been the case in the US. Attempts to mark online comment as seditious is a global phenomenon. Here’s an example from India . [ii] ‘Amendment I’, Cornell University Law School, [iii] Vennochi, Joan, ‘Tarek Mehanna case puts First Amendment on trial’, The Boston Globe, 19 April 2012, [iv] Truth Dig. Chris Hedges. First They Came For The Muslims. 16 April 2012. [v] Information Clearing House. Roqayah Chamseddin. And Then They Came For The Muslims. April 15 2012. [vi] The Huffington Post. Rachel Levinson-Waldman. The Narrowing of Tarek Mehanna’s Liberties has Consequences for Us All. 15 May 2012. | |
None of those mentioned have travelled to Yemen in pursuit of training, presumably to be followed by participation in, the Jihad. They have not posted online 37 ways to be involved in one. They haven’t identified themselves as being more supportive of Muslims, regardless of their nationality, than of their fellow countrymen in general, and those in uniform in particular. The cases are quite different. | |
One man’s freedom fighter is another’s terrorist. Nobody is suggesting that Mehanna planted a bomb – or even attempted to. His crime, if it deserves such a word is to hold an opinion and to have expressed it. That opinion was that current American military policy in the Muslim world is wrong and to suggest that those living there should be opposition to the major powers of the age attempting to impose their will, through force of arms, on a people in a different country. Such an opinion is not only shared by many – if not a majority – of commentators in the West but could easily have been voiced by Washington, Jefferson or Adams [i] . There are two fundamental differences between Mehanna and the Founding Fathers: firstly they went further and called for violent opposition, secondly they were wealthy and white. It may be tempting to argue, “But wait, they were also Americans” – no they weren’t they were subjects of the British Crown. One might be tempted to argue that they were born in North America, fine but Mehanna is a faithful son of Islam – like Washington, simply defending his birth right. Rather than recognising the similarities [ii] a court, sitting not that far from Concorde, site of the first battle of the American Revolutionary War, decided to tear up the Declaration of Independence, or at least its spirit and imprison a young man for the ideas in his head. Although the analogy with America’s fight for independence from Britain may seem far-fetched, it provided the core of Mehanna’s speech [iii] at his sentencing hearing although, apparently, too little affect. [i] To take one example, here’s a review of American Insurgents, American Patriots. Found here . [ii] Daily Mail (AP). Al Qaeda Terrorist from Wealthy Boston suburb given standing ovation by family as he starts 18-year prison sentence. 13 April 2012. [iii] Mehanna, Tarek, ‘Tarek’s powerful sentencing statement’, 12 April 2012, | |
Prop’s argument is an intellectual sleight of hand. Ignoring the fact that the Founding Fathers and Islamic extremists are fighting for diametrically opposed goals (a reactionary theocracy versus a revolutionary democracy) they are doing so in a different world. A world where information and perception are tools of war and where the structure of the nation-state has changed so dramatically that the expectations of citizens of a particular nation are wholly different from those of the late seventeen-hundreds [i] . The simple reality is that Mehanna sided with people who would, quite happily, murder his neighbors – regardless of their views on US foreign policy. [i] Fox News Website. Mark Dubowitz. The Real Terror War is on the Internet. 16 March 2010. | |
This is no different than political comment, etc. Scholars, commentators and satirists [i] have pointed out the hypocrisy of current US strategy in the Islamic world. They have also pointed out that the only rational response to overwhelming American military superiority in terms of hardware is the kind of warfare being undertaken by insurgents from Bagdad to Kabul. None of them are in prison. Mainstream politicians have called for an immediate withdrawal of American troops and the claims emanating from the right of the Republican Party that doing so ‘gives succour to America’s enemies’ now sounds as shrill as they do bizarre. Yet none of them are in prison. Ministers of God, political activists and intellectuals have raised the issue of the loss of life among civilians in the Muslim world and the questionable justification of those losses on the grounds of national security. And yet they remain at liberty. America’s allies around the world have questioned the continued presence of US troops in the region and, in many cases, withdrawn their own - and–if removing troops from the fight is not aiding the enemy, it would be difficult to imagine what might be. Despite this, leaders of these nations are honoured guests when they visit the Whitehouse. There may well be those on the American Right who would happily imprison all of these groups but the reality is that they remain at large. For the sake of consistency, if nothing else, Tarek Mehanna should join them [ii] . [i] The Christian Science Monitor. Sahar Aziz. Punishing Muslims for free speech only helps Al Qaeda. 19 April 2012. [ii] The Guardian. Ross Caoputi. Tarek Mehanna: Punished for speaking truth to power. 16 April 2012. | |
It is an interesting argument to suggest that the suppression of Mehanna’s rights is okay because it has not been as sweeping as the generalised internment of Japanese Americans or the insanity of the McCarthy trials. Op is basically arguing, “Look, it could have been far more brutal, so count yourselves lucky.” One cannot help but suspect that comes as very small consolation to Mehanna in his prison cell. We should remember that the United States is not at war as was the case in World War II, congress has not declared war since 1945, nor even is the United States in a struggle with a peer competitor as during World War II rather it is at most fighting a disparate band of terrorists, hardly a thread that justifies such large violations of rights. [i] [i] Bailey, Ronald, ‘How Scared of Terrorism Should You Be?’, reason.com, 6 September 2011, | |
Warfare hasn’t changed because it is now a battle between creeds – that has often been the case in the past. The asymmetric warfare to which op refers is a direct result of the military hegemony of the US. To confuse criticism of taking a military approach – that bombs are not the answer in a battle of ideas – with material support for the other side hands them a victory. It’s worth remembering that the US won the battle of ideas with the Soviet Union by demonstrating its virtues, as the body count increases in the foray with Islam, attitudes are hardening on both sides as we see the worst of both. To take the one example given by Op, 39 ways to participate in Jihad – and this was at the heart of the prosecution. Google the term and you’ll come up with 590,000 returns, including full English translations and comment from respected scholars and journalists [i] . It is impossible to protect the principles of liberty and democracy by locking people up for expressing their opinions. As the UK’s former Lord Chief Justice Woolf, pointed out, it is inconceivable that terrorist acts could pose a danger to nation states comparable to WWII and yet the response of many governments has been to go further in the removal of basic rights than was the case during that conflict. [i] The New York Review of Books. David Cole. 39 ways to Limit Freedom of Speech. 19 April 2012. | |
‘Providing support’ must be considered to relate to implied moral support and justification There is far more to aiding an enemy of the state than supplying them with armaments or funding. Propagandists and other saboteurs of the mind [i] have always been seen as a very real threat to national security, especially in times of war. To present the actions of Tarek Mehanna as anything other than endorsing and giving encouragement to those seeking to harm US personnel overseas takes an unusually determined form of niaivity. He may have stopped short of posting instructions for bomb making online but he expressly stated that Muslims should resist the invasion of their lands by non-Muslim invaders. Proposition has been strangely silent on how, exactly, that could be done without the use of an AK47 or an IED. Mehanna’s remarks are clearly a call to take up arms against US troops, presumably with the intention of killing them. That is, by definition, to be part of a conspiracy, along with his readers, to kill US citizens overseas – the crime with which he was charged and convicted. [i] Lawfare. Benjamin Wittes. Peter Margulies Responds to David Cole. 21 April 2012. | |
Views of free speech in time of war (Japanese internment, American Communist party, etc.) Nations act to defend themselves in times of war. Frequently those actions do not represent the highest ideals against which that nation may wish to be judged but they are an unpleasant reality of survival. It is demonstrably true that there have been Jihadi cells in western nations and that Western troops are at risk from their allies and enemies in Afghanistan and elsewhere. Stopping them before they act seems vastly preferable to the deaths of dozens or hundreds of civilians and military personnel. America’s actions against Japanese civilians in WWII or Communist sympathizers during the Cold War may fall short of the ideals one might hope for but they ensured the survival of those ideals against the threats posed firstly by Nazism and then by Communism. In the face of Islamofascism, the response of governments in the West has been comparatively restrained when set alongside those earlier periods. However, where there is a demonstrable threat to a nations civilian or military personnel, it would be a dereliction of duty not to take action. Mehanna’s conviction and imprisonment was a relatively modest act considering the threat – and far more humane than what has been meted out in return by those he supported against US and other citizens overseas – without the niceties of due process or the outrage of the liberal press. | |
Differing nature of war (not essays against king or country but about creeds) In an unusual show of unity, most analysts are agreed that the wars of the 21st century will be markedly different from those that went before [i] . Clashes will be between civilisations and global perspectives fought with comparatively scant regard to national boundaries. Within this framework, the groups identified, broadly, as ‘Islam’ and ‘the West’ [ii] seem to be lining up as the two main players – although this seems to be by default in the case of the West. In this regard, at least, Bush jr. was absolutely spot on with his ‘with us or against us’ assessment of the nature of modern conflict. Tarek Mehanna’s publications aren’t idle musings on political philosophy, they are practical suggestions about how his readers can involve themselves in a war against the US and its allies – advice given in his translation of 39 Ways to Participate in Jihad - a war between a sexist, reactionary, mediaeval theocratic mindset and those peoples who seek to defend the liberal and democratic principles of the Enlightenment. One of the reasons highlighted by the prosecution was that Mehanna and others like him don’t need to recruit a regiment or resource a battalion. The Terrorist atrocities that have shaken the world in recent years, 9.11, 7.7, Madrid and the rest, have involved in total a few dozen people. One inspirational individual, as the judge in this case noted, is quite capable of creating bloodshed and murder with a very small following. Mehanna was and remains in no doubt about what side he is on. Prop’s only argument seems to be that he wasn’t a very effective agent. In response to which; firstly, thank God and, secondly, it would be an odd way to fight a war to wait until a massacre was committed before doing anything about it. [i] Neumayer, Eric and Plümper, Thomas (2009) International terrorism and the clash of civilizations. British journal of political science, 39 (4). pp. 711-734. [ii] Although politicians have been at pains to stress that the battle with Islam per se many scholars have used the terms. This view was codified in Samuel P. Huntington’s book Clash of Civilisation in 1993. An article that preceded its publication (Foreign Affairs. Samuel Huntington. Clash of Civilizations? Summer 1993) can be found here . | |
Tarek Mehanna was engaged in promoting a political viewpoint that may not be shared by many but is certainly shared by some. Among them other American citizens [i] . When did promoting a viewpoint in the land of free speech become a crime? While we may not like that a U.S. citizen sympathises with the objective of removing US soldiers from Afghanistan and believes this enough that he considers that military resistance may be necessary to get the Americans out it is not the case that this moral support provides physical support for such attacks, and it is unlikely that he would even have provided inspiration. Mehanna was lynched, he was a scapegoat created out of the paranoia created partly by events and partly by the actions of a US administration with a point to prove. [i] Guardian. Ibid. | |
Quite different claims are made about the origin of the authority of the other thinkers prop mentions. Their authority derives from the contents of their works whereas that of the prophets derives from a supreme being. To question their words is, therefore, to question the power and judgement of the supreme being to establish that authority in the first place. As a result, it is not ‘special pleading’ but an entirely different premise underpinning the ideas that are being profaned. Any attack on that authority starts to undermine the whole religion and its beliefs which is different from secular authors where their works are simply the starting point of a discourse. It should also not surprise us that politicians act when a religious group is attacked but not as a result misrepresentation of scientific data; religions are large interest groups who may effect a future election. It is the politician’s job to decide whether he needs to take action to placate that group. | |
Special pleading Why are religious creeds given special license to block others freedom of expression? We live in a world of laws, supported by evidence on the basis of what can be perceived in the world around us. This applies in the fields of politics, law, science and others. Only when it comes to religion (and, possibly national identity) do we tolerate arguments made on the basis of unproven belief. There is of course a role for fantasy in life but protests as a result of people pointing out that it is fantasy seems to be taking things a little far. Nobody appears to be suggesting that the film Innocence of Muslims was anything more than a badly made, ill-conceived, puerile bit of adolescent vitriol. By any reasonable scale it pales into insignificance compared with, for example, blowing up embassies or issuing death threats against foreign nationals [i] . Were politicians to take action to urge the blocking of free speech on the rather more significant reasons for offence of misrepresentation of scientific data, libel, corruption of legal evidence or the, absolutely routine, misrepresentation of a political position, as President Obama did when calling Google, [ii] they would be written off as a lunatic. However, dress the idea up in a cassock and everyone seems to think that there is a meaningful issue to be discussed. There is no definable difference between saying something inaccurate or (in this case) impolitic about Nero, Plato, Sejong, Al’Khwarizmi or any other historical figure than about Christ, Mohammed or Moses other than the fact that the followers of the last three are more likely to resort to violence. Since when did that become a moral argument? [i] Bermuda Sun. Obama on Religion. 28 September 2012. [ii] Greenwald, Glenn, ‘Conservatives, Democrats and the convenience of denouncing free speech’, guardian.co.uk, 16 September 2012, | |
The fact that religious thought tends to be subverted to defend the status quo is hardly a compelling argument as the same can be said for almost all forms of thought. There is a natural backlash from vested interests against any innovation and religion should not be blamed for having this same tendency. We should however not rule out the need to take a moral approach to some things for example; using stem cells might have huge medical benefits but it still needs to be considered whether it is morally right. | |
A one way street Religion is at the heart of people’s identities and is based upon belief rather than reason so it is not surprising that religious groups sometimes take offence both quickly and easily. While political ideologies, or in certain scientific theories, may be believed as feverently religion by some with these beliefs come an acceptance that there are contrary opinions and a need to reason to persuade. This leaves open the possibility that they can be persuaded through reason that they are wrong. The stakes involved are very different, an eternity in Hell versus losing the next election. A political believer can afford to be malleable in a way a religious believer cant. Increasingly religious groups offense seems to lead to threats of, or actual, violence [i] , the concerted apologies of elected representatives around the world and a total loss of any sense of proportion. If something is offensive to Christians or Muslims then, apparently, other considerations have to take a back seat. Whether it’s Christian homophobia in the Deep South or Islamic Xenophobia in the Middle East, offensiveness is a line that cannot be crossed. Or, at least, it cannot be crossed in one direction. For a group of creeds that are so quick to take offence, those religious groups that are the first to call foul seem happy enough to dole it out in the other direction. Even the basic tenets of the major faiths, say the eternal reality of Hell for non-believers [ii] , could be seen as offensive by those judged worth of being tortured for all eternity simply for getting on with their lives. The very predicate of extreme faith – that everybody else lacks a moral compass and is going to suffer tortures for eternity as a result – is fairly offensive – and palpably untrue [iii] - by any standard. Once the discussion moves on to specifics, the insults become more pointed; perverts, fornicators, sinners and murderers (homosexuals, unmarried couples, divorcees and anyone involved with abortion, respectively). Their wrath isn’t limited to individuals, entire nations can be written off as corrupt and evil and damned to an eternity of suffering in the blink of an eye and for little apparent reason. In fact no reason, per se, at all. If offensive statements are to be prohibited, then surely it should be a general rule. Many secularists find it offensive that theists of all stripes assume that there can be no morality without divine instruction, so that could be the first set of offensive comments to go, closely followed by religious opinions on what people should do in the privacy of their own bedrooms and the doctrines of salvation by faith. Any other position would be too inconsistent to be worth much consideration. [i] Religion, Violence, Crime and Mass Suicide. Vexen Crabtree. 31 August 2009. [ii] Catechism of the Roman Catholic Church. Paragraphs 1033 – 1037. [iii] The Daily Telegraph. Atheists ‘just as ethical as churchgoers’. 9 February 2010. | |
It is a massive over-generalisation to suggest a link between those who take offence from blasphemous or sacrilegious statements and violence [i] . Furthermore within the predicates of religious thought an offence against god has to be of a magnitude different from one against a temporal power – to question that basic fact is to question religions being religious; it’s nonsensical. Most religions claim a total, but self-supporting, basis for their concept of truth. It is all true or none of it is; it’s nonsensical to believe in an omniscient being who is only one view among many. However, contrasting those traditions with the European Enlightenment tradition – and, apparently, criticising them for not sharing its values is not only contrary but hypocritical – the basis of the offence is the conflict between the two traditions. [i] Greenboro News and Record. Anti-abortion violence negate pro-life goals. 11 October 1998. | |
Stifling progress and the right of others The particular subjects areas often chosen by theists to find offensive make for an interesting list; Freedom of expression, The rule of law, Scientific progress, Medical progress, Artistic expression To name but a few. There are remarkably few areas of human progress and development – intellectual or societal – that have not caused ‘offence’ in some religious community somewhere. The best known is of course the Catholic Church’s forcing Galileo to recant his research in the 17th century. There is no need to seek out obscure fanatics for this purpose, mainstream religious figures seem to genuinely believe that the equality of women is still a difficult issue. To take just one example, in 2012 the supposedly moderate and progressive Anglican Communion is still unsure as to whether the ability to be a senior manager should be determined on the basis of somebody’s gender [i] . With the exception of a handful that are in thrall to religious dominance, every nation state, company, charity, university and scholarly discipline has resolved this question and found itself better as a result. Most religions haven’t even started the process. Now that’s offensive. [i] BBC Website. Trevor Timpson. Women bishops: Anglicans still unsure over new wording. 17 September 2012. | |
It certainly doesn’t prove the point, it does however highlight one. As a result of religious teaching the majority of people have, at different points in history, been certain that; The Earth was flat, The Earth, or even a particular point on the earth, was the centre of the universe, The Earth is less than six thousand years old, Certain races were not human [i] Women were created inferior to men If ever evidence were needed that the majority are frequently and alarmingly wrong, then religion provides it in abundance. [i] For example the Christian concept of Polygenism – the notion that the white races were descended from Adam and others not – has had several outings during history. Among other things it has been used to justify slavery, apartheid and imperialism. | |
Who is to judge when an expression has a ‘point’? In the cases cited by Opposition, the ‘point’, however inexpertly made, seems to have been to demonstrate the many flaws and contradictions within the Koran. To suggest that demonstrating that one of the world’s major religions – with one and a half billion followers and several states framing their legal system on the basis of its dictates – is riddled with contradictions and that its modern manifestation bears little resemblance to the original protestations of the prophet hardly seems pointless. Indeed much of the offence that was taken seems to have been caused by the very fact that the film did have a point. | |
Realpolitik Freedom of expression should be exercised with care. Everyone who exercises this right has to remember that there are consequences of their actions. The Innocence of Muslims is a good example of this. Dropping explosive comments or artworks into situations [i] that are already fraught with historical tension – sectarian divisions in Europe, religious tensions in the Middle East, the interwoven politico-religious stresses of the United States – should not be done without very good cause. Those who chose to exercise their freedom of expression in this case are at least partially responsible for the protests, and any injuries, that resulted. It should be recognised that there need to be curbs on the offensive use of freedom of expression in order to prevent the consequences that may result from such expression. National interests dictate that states should take into account religious sensitivities in order to avoid unnecessary conflict. [i] The Guardian Film Blog. Peter Bradshaw. Innocence of Muslims: a dark demonstration of the power of film. 17 September 2012. | |
The interests of the majority Although it may not prove the issue, it is certainly worth being aware of the fact that when referring to “theists”, proposition is talking about the overwhelming majority of the world’s population and then attempting to portray a small, fundamentalist minority as typical. Even talking mostly secular China into account – where determining religious affiliation is fantastically complicated – fewer than one seventh of the population of the planet profess no religious faith. A probable, although unproven, majority take their religion for granted but see it as no obstacle to free speech. There is no need to indulge in majoritarian assumptions to accept the basic principal that the opinions of the overwhelming majority are at least worth treating with some respect. After all, with odds of 7:1 against, even the most hardened, fire-breathing of secularists would have to concede that they might have a point. For the rest of humanity, simple experience suggests that avoiding religious groups offending each other is a sensible way of avoiding wars [i] . So whether it’s an odds game for secularists or just altruistic self-interest for others not causing offence would seem to be the more sensible option. [i] Wikpedia. Religious wars. | |
Why cause offence to no purpose? The important issue here is the outcome. In most imaginable instances the person or group causing the offence has nothing to gain. If people of faith find things offensive in a way that a comparable devotee of Marx or Adam Smith does not, why cause that offence? We don’t wander around pointing out that people are ugly or fat – not because it isn’t true but because there is no reason to cause offence except in extreme circumstances [i] . The Innocence of Muslims film is a perfect example; what was its point? As a conversion tool it seems utterly useless. It is hardly setting out detailed theological arguments, it doesn’t seem to be trying to make a point. It’s only apparent function seems to be to cause hurt and offence [ii] . The idea that causing offence to some purpose may be an unavoidable bi-product of life would be one thing but in many cases there appears to be an intention to offend and if this is the case then it should be stopped. Even where there is another purpose in mind, why not avoid causing offence wherever possible. In no other area of life would we comment of act in a way that may cause offence unless there was great need. If the creators of Innocence of Muslims wanted to point out failings in Islam then they could have had a reasoned documentary considering and weighing up evidence like Thomas Holland’s book ‘In the Shadow of the Sword’. [iii] Freedom of expression is not there to allow anyone to offend whoever they please. Religious sensibilities should have a block on free expression in the same way other sensibilities do – in the usual course of events, they’re taken into account. Without great cause nobody would criticize troops at a veteran’s event or deliver a broadside against young people at a gathering of students. In the same way, should religious sensibilities, in and of themselves, be a block to freedom of speech? Yes. All other things being equal, should religious sensibilities be respected? Yes, of course. [i] BBC material hosted on Youtube. Conversation between Jonathan Miller and Daniel Dennett. The Atheist Tapes. [ii] Omid Safi. Religion News. What would Mohammed do? 12 September 2012. [iii] Holland, Tom, In the Shadow of the Sword, Little Brown, 2012, | |
Realpolitik is not a reason to compromise our ideals. Comments and artworks about “explosive situations” are a fundamental part of free expression. Opposition seems to be labouring under the misapprehension that free-expression is okay, so long as nobody minds. If nobody objects to it, there’s no need to have a right to do it. In short we wither accept freedom of expression or not; if there is freedom of expression then we must be consistent and defend the freedom for everyone. | |
The Opposition is perfectly happy to be attacked for making life easier for people with disabilities by taking down barriers that separate them from the wider population. There a parts of any community that prefer to do things in a certain way, however governments rarely commit to guaranteeing all preferences, instead they guarantee a basic level of service provision and then offer choice where possible and affordable. This is true in education and welfare right through to national defense – militaries, except the US, tend to specialise and rely on allies for other operations. | |
Braille should be offered the same protection as minority languages. The issue of the protection of minority languages is a difficult one for most governments as it is usually argued that most speakers of such languages also make use of the dominant language and, where they don’t, they should learn for their own good. For example French speakers in Canada must also learn English. [i] However, there are senses and experiences that are uniquely held within a community and expressed within those languages. In many ways Braille functions in similar ways, a shared experience between those who read it, a bond between users and, for the most part, denied to outsiders. By its nature, it is tactile and speaks in a way that is not true of audiobooks prepared for a wider market. In purely practical terms there is relatively little difference between reading speeds in Braille and listening to audiobooks (about 130 against 150 wpm). [ii] Learning Braille also has immense practical benefits, not least of which is being employable, 90% of those who are braille literate are employed compared to 33% of blind people who are braille illiterate. [iii] It seems simply strange to insist that those who have already lost one form of access to the wider world – indeed the method most widely used in that world – should be denied another simply because it is deemed to be cheaper, easier or ‘better for them’. Indeed such an action is deeply redolent of the debate over minority languages. Although not all of the blind community prefers to use Braille, many of them do and that would seem sufficient reason to respect it as an important way in which they interact with the world, and receive and impart ideas – the twin pillars of free speech [iv] . [i] Burnaby, Barbara J., ‘Language Policy’, The Canadian Encyclopedia, 1996, [ii] Reading Braille. RIDB Crenwick Centre. [iii] Ouellette, Matthew David, ‘Low Cost, Compact Braille Printing Head For Use in Handheld Braille Transcribing Device’, Mechanical Engineering Master's Theses. Paper 41. p.2 [iv] Guidelines on the use of minority languages in the broadcast media. Minority Rights Group International. | |
It is not a case of insisting that there are other or better options; there are other or better options. Equally, there is no need to ‘predict’ the death of the physical book; it is dying. Increasingly specialist publishers, such as Dorchester Publishing which focuses on paperbacks, [i] will only produce e-books as it cuts out the actual cost of printing and, therefore, the opportunity cost of remaindered copies. [i] Trachtenberg, Jeffrey A., Mass Paperback Publisher Goes All Digital’, The Wall Street Journal, 6 August 2010, | |
Free speech is as much about being able to receive the ideas of others as it is about expressing one’s own. We know from the work of educational psychologists that different people acquire knowledge in different ways. For example, some sighted language learners learn more effectively visually, other aurally. The evidence mentioned in the introduction suggests that this is no less true for blind students with those without access to Braille scoring less well in exams than those with it. This becomes an issue of free speech when by compelling people to acquire information in a certain way means that they either have less access to that information or less chance of effectively digesting it. For those for whom are proficient Braille is their preferred medium, [i] despite there being alternatives for communication [ii] , it is their only medium for text, and is useful for using computers which may use a braille display. [iii] However, even if this were just a matter of preference, it would be odd not to treat this as a free speech issue; allowing people access to information in a way that is not only possible but comfortable and convenient is at the heart of most forms of information distribution. A majority of people receive their news online but newspapers still exist because some people prefer them. It would be possible for readers to access information via microfiche but would be so inconvenient that it is rarely used. It surely makes sense to see new delivery systems for information as an opportunity to expand, not reduce, the methods available for both imparting and receiving information. [i] ‘Disabilities, Opportunities, Internetworking and Technology Did You Know?’, University of Washington, 2000, [ii] Deafblinduk.org.uk. Types of Communication. [iii] Singh, Reeta, ‘Blind Handicapped Vs. Technology: How do Blind People use Computers?’, International Journal of Scientific & Engineering Research, Vol. 3, Issue 4, April 2012, | |
Free speech may well be about the ability to receive ideas as well as express them but in neither case is it about how those ideas are expressed or received. To suggest that a state that refuses to provide a movie studio to any of its citizens who requests one is somehow suppressing their right of free expression would clearly be ridiculous. The state has a duty to guarantee the right, not the methodology. | |
The attacks on Braille are part of a wider move against the physical book. The death of the book has been predicted with virtually every technological innovation and yet, it remains one of the most widespread and recognised means of communication in the world, with physical book sales representing about 80% of total book sales [i] . There are many reasons for this, its communicability, its physicality, it history and associations. Whatever the reasons for its enduring success, it remains one of the great design achievements of humanity as a species, comfortably alongside the wheel, the screw and cash. Whatever the reason for this enduring success, it has it and the latest set of doomsayers may well go the way of the rest. Perhaps the greatest reason for its enduring success is that the book is silent. The reader gives voice to characters and charts their own way through fiction or selects their own phrases for emphasis in non-fiction. There is nobody – actor or director – between the reader and the author. If that applies to the printed word it applies equally or more to Braille. It is notable that the decline in braille literacy has led to a decline in poetry and literature output by the blind community. [ii] In turn, it is surely part of the author’s right to speak freely that they speak directly to their reader. [i] Ebooks Popularity is Rewriting Sales History. Carol Memmet. 5 September 2011. USA Today. [ii] Ouellette, Matthew David, ‘Low Cost, Compact Braille Printing Head For Use in Handheld Braille Transcribing Device’, Mechanical Engineering Master's Theses. Paper 41. p.2 | |
All of that may well be true, however it does not make the two approaches mutually exclusive. Demonstrating that digital is good does not make analogue bad. Attacks on libraries have been driven more by austerity cuts, that are forcing 20% of the staff at Library and Archives Canada to go, [i] and the situation is similar in other countries such as the UK, [ii] than by the diminishing popularity of the book in particular or libraries in general. Indeed, the book has never been more popular as the ranks of those who like digital formats have been swelled by the digital natives of the Internet age. [i] CBC News, ‘Federal libraries, archives shutting down’, CBC, 2 May 2012, [ii] Hall, James, ‘Scale of library cut-backs revealed’, The Telegraph, 16 March 2012, | |
The suggestion that seven million dollars is an excessive expenditure on a resource for 836,000 is extortionate is simply nonsense. That’s a little over eight dollars a head, hardly likely to break the bank. To say that a government is not discouraging the use of something by making it harder to access is simply untrue. Of course if a resource is harder or more expensive to access, people will be discouraged from using it. | |
If the information is accessible in another format, it is wrong to claim that this is an issue of free speech. To argue that this is a matter of the infringement of the right to free speech is not only wrong but offensive to those who have had that right genuinely curtailed. A stifling of free speech is about cutting off people’s access to ideas, denying them the right to take those ideas and present them to others. The slow, natural death of Braille does not do that. Fewer than one in ten blind children now learn Braille [i] . Those who wish to continue to use Braille can do so just as those who prefer to write a letter rather than send an email can do so. Both groups however, accept that it is likely to become more expensive and exclude them from the rest of society as others adapt and new technologies become the norm. The information and ideas are there, they are available in a format that is available, even if it is not the format of absolute preference. The technology is available, many prefer it, those who don’t are free not to use it. [i] “The Death of Braille” – Appropriate or Ominous? Neatorama.com. 26 February 2010. | |
Readers of all kinds are adapting to books being produced in new formats, publishers need to respond to this decline. The current shift in publishing is unlike any other that has gone before, e-books are not like the TV, the Record player or the radio as all of these could only reproduce books in heavily edited form. The change is shown by ebook sales having outperformed printed book sales on amazon in the UK for the first time. [i] Against braille it is audio formats that are the biggest threat, the tape machine, the Walkman, the CD, Mp3, Mp4 and so on. All of these can reproduce books, unedited, in a format that allows the listener to proceed at their own pace, jump back and forwards and so on – just as a book does. Earlier technologies had problems with quality, and each in turn was initially expensive. As they became more commonplace, quality improved and the price fell. Both of these have now coincided to create technologies that allow the listener the ultimate convenience. Returning to the example given in the introduction, the CNIB library. Canada is a big country and Braille books are cumbersome. How much easier to email someone an MPEG, which they can have within seconds. The digital age offers huge benefits to all but none more so than to those with sensory impairments. Its possibilities really are only bounded by our imagination. [i] Malik, Shiv, ‘Kindle ebooksales have overtaken Amazon print sales, says book seller’, The Guardian, 6 August 2012, | |
It is not a case of insisting that there are other or better options; there are other or better options. Equally, there is no need to ‘predict’ the death of the physical book; it is dying. Increasingly specialist publishers, such as Dorchester Publishing The introduction makes reference to the seventy-two volume ‘pocket’ dictionary. It’s an excellent example. [i] With printed text, many previously cumbersome physical books – the Complete OED, the Encyclopaedia Britannica and others – are now only available in digital format. [ii] Nobody is suggesting banning Braille or even discouraging it, simply following the possibilities offered by technology for easier, cheaper and more portable formats. [iii] If there were a huge market for Braille it would survive but clearly enough people are happy with other formats for it to require subsidy and support. This means, inevitably, that the taxpayer will end up footing the bill despite there being cheaper alternatives that are increasingly popular. As with any technological change – or any major societal change for that matter – there are those who will find that change easy and others who will find it more difficult. For those who find it impossible – such as deaf and blind students – clearly other alternatives need to be provided but it seems sensible to look to the technologies of the future to fulfil those needs rather than those of the past. [i] Engelhart, Katie, ‘The importance of Braille literacy’, Free Speech Debate, 6 July 2012, [ii] Britannica Editors, ‘Britannica’s Digital Milestones’, Encyclopaedia Britannica Blog, 13 March 2012, [iii] Listening To Braille. Rachel Aviv. New York Times. 30 December 2009 | |
This is a little reminiscent of Anatole France’s comment that “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” [i] Those who feel uncomfortable with a method of delivery are less likely to use it and are therefore excluded, in part at least, from information delivered in that format. To further exclude a group who are already denied some graphical representations of information another form of delivery does exclude them and limit their ability to speak freely as they are denied the information that is its root. Additionally, oppositions argument only works were there is real action to take up new technologies rather than letting Braille die off without investing in replacement technologies, which has been seen in several jurisdictions including India [ii] . [i] McBride, Nicholas J., ‘The Importance of Law’, in Letters to a Law Student, 2010, [ii] Government turns blind eye to Braille Press. Rohit, P.S. The Times of India. 4 May 2012. | |
It all boils down to personal action. People who act embarrassingly in parties should not be surprised that they can be filmed. Likewise, the ‘Star Wars kid’ left the copy of a video in his high school’s film studio where it was found by other teenagers. Even people who become victims of revenge porn at the very beginning were not acting according with good judgement because they themselves organised sexual acts to be filmed or photographed and then given to other people, whom they could have not even known well. Expressing bad judgement does not incur responsibilities on other people and companies to provide you with rights, when other people are doing nothing illegal by re-posting your public material or your public actions. Moreover, in cases of potential violation of laws, legislation can still be enacted without any kind of Right to be forgotten - California has passed a law combatting revenge porn [9]. It might not be perfect but that is because the issue is pretty novel and in time we’ll learn to deal with it better. | |
People need protection against harmful information posted by others People cannot control information that others post about them, for instance embarrassing photos from parties. Even if the original source came from people themselves, they cannot delete this information if it has been shared by other people on their social media channels. For example, Ghyslain Raza’s video of himself goofing around with a golf stick pretending to be in Star Wars, was uploaded by his classmates without his consent [6]. While the video went viral without Ghyslain being able to delete all of its appearances at different sites, he himself suffered merciless bullying online and in real life [7]. There even are people who exploit people’s inability to delete embarrassing content relating to them online. ‘Revenge porn’, which is uploading private material of sexual nature of ex-partners online in an effort to humiliate them, is especially hard to delete and prosecute [8]. Since embarrassing information can end up online without a person’s consent and is very difficult to delete using current policy measures, the right to be forgotten is the only way to help these people. | |
It is not true that people cannot manage consequences from their action online. It might only seem so but that is because the issues around personal data have emerged relatively recently, so we are still learning to deal with them. Individuals are learning how to manage their personal data online responsibly to make sure such humiliating situations do not occur. There are resources and programmes on how to talk to children about using the internet and other digital devices, including sexting, responsibly [11]. The same way, there are and should be calls for the society to be considerate towards victims of personal data abuse and be less abusive online. | |
It is unfair for people to suffer for silly past mistakes People make silly mistakes, especially when they are young. The age from which you can join Facebook is 13 and pretty much anyone can post videos to Youtube, run a blog or post comments. It is then no surprise that people can leave unflattering information about themselves that at that moment they considered to be worth posting. However, this is just a one-sided representation of a person, because many good things cannot be well represented online, e.g. nobody posts a video of oneself working hard. Nevertheless, this one-sided representation can have very damaging consequences to a person. For instance, a well-known case is of Stacy Snyder who was refused a teaching certificate by her university because of a picture of her as a drunken pirate on myspace.com, and not because she was a bad student [4]. More importantly, current measures to delete information might not be enough, as digital information stays in internet archives, social media archives (such as profileengine.com), or can just be reposted by people on other sites and their own social media pages. Given this and the fact that these are not who people truly are, it is unfair to deny them the right to erase things that damage their reputation. | |
People put up all those unflattering things about themselves online without being forced to. Those are true, even if not full, representations of them. But that one-sided representation is exactly how the person wanted to be seen. They always have an option of showcasing a better image of themselves (through photos, videos, blogs, etc.) online, but nobody owes them the right to undo something they themselves freely shared. It might be a mistake they realise later on, but mistakes do not create a right to erase everything about that mistake. Nothing in real worlds works like that – you might have made a mistake by getting to drunk at a company Christmas party, but you can't insist on co-workers pretending that never happened and not telling anyone. Moreover, there is plenty of information about how to act on the internet [5]. So we should not grant such a right to someone who did not learn how to act on the internet - they'll have to learn the hard way. | |
People suffer disproportional consequences on the internet The internet magnifies the problem of embarrassing personal data and makes it very hard for people to manage the consequences. In real life, though we suffer consequences for our embarrassing behaviour (or behaviour others think is embarrassing), we can manage it easier, e.g. by talking to the people involved or as a final resort moving. The internet means the humiliating material is rapidly exposed to millions of people around the world, meaning that people can face humiliation anywhere without an ability to manage it. There are even cases of young people taking their lives after bullying and cyber-bullying that followed information about them being posted online. The most famous case is that of teenager Amanda Todd, who committed suicide after half-nude photos were posted online – she could not escape ridicule even after she moved schools, because photos remained online [10]. Because real life actions are not enough to manage consequences of humiliating personal data, new ways suitable for the digital sphere have to be created, and that way is the right to be forgotten. | |
People’s digital footprint, though it might be indicative of who a person is, is not a perfect representation of them or of their entire character. People act differently on the internet behind a screen, and sometimes some anonymity, than in real life because they feel free of social norms. But in real life social norms exist and people adhere to them, meaning that their internet activity cannot be directly linked to their real life actions. Finally, we cannot expect people to constantly leave personal data on the internet, which means we cannot get a consistent view of a person’s character or their personal development. E.g. someone’s leaving a racist comment 10 years ago does not mean they are still racist now. All this is not just useless for the judicial process; it can actually harm justice by giving false representations of people, which will lead to unfair convictions (or unfair acquittals). For instance, the defence in the famous Trayvon Martin case used digital photos of Trayvon smoking weed or posing as a gangster to present him as a thug and a threat, even though these photos were typical of how young people present themselves, and had no connection to the actual crime [12]. | |
The internet is different from reality since the magnitude of consequences you might suffer is much greater. While there might be a school laughing at you over something in real life, on the internet it might be the whole world. We accept ridicule and embarrassment in real life not just because it happens, but also because the effect is not so overwhelming in the majority of cases. People get bored of the news and stop talking, while in the digital era new people can always find you and laugh at you – memories fade, photos and videos online do not. So internet is different from the real life and requires new rules. Moreover, the right to be forgotten is not applicable to the real life not because of a principle, but because we cannot enforce it. We can’t delete people’s memories. But we can delete information online. | |
This right relieves people of the need to act responsibility online Having a right to be forgotten means that people can be less responsible about what they share and how they act on the internet. Knowing that they can always remove all trace of what they did relieves people of the necessity to consider the consequences of what they are doing online. This is especially true for young adults: they often post unflattering information, such as pictures of them drunk or half-nude, or write offensive comments for the pay-out of immediate popularity in their peer group. However, what also prevents them from doing this is thinking about how that might affect them in the future. When they know that after some time they can delete their digital trace completely there is nothing preventing them from acting irresponsibly in hope of popularity. Such irresponsible behaviour then puts a burden on the state to fix the mess by applying and overseeing the right to be forgotten. | |
What seems like irrelevant information now might serve justice in the future People’s digital footprint, though of no public interest at the moment, might be useful in the future. It is a common practice in courts to investigate a person’s character or motives to check for their probability of committing a crime. Photos, videos, comments and blogs can shed light on these issues should the person be investigated under law. For instance, racist or sexist youtube comments might be of use in a trial where a defendant denies his/her actions were a result of racial or gender hatred; blogs, photos and videos a person posts and shares, and their internet searches can serve to assess what the person is like. Digital footprints can be used not only to sentence people, but also to prove their innocence. Given that discerning people’s motives and a character is a vital part of the legal process that is also very elusive, having access to their online behaviour is very useful. Digital information thus can be a useful tool to bring about justice and the right to be forgotten would forgo this opportunity as people could just delete everything about themselves. | |
The internet does not need additional rights to those in the real world The right to be forgotten is premised on the idea that internet requires additional rights beyond those in the real world. Offline there is no right to demand that people do not to talk about or show photos of your embarrassing moments. Provided that there is no privacy breach, once something is out in public, you cannot take it back. There is no rule enabling you to be forgotten in real life, even if things you have done harm you. Why then do rules have to be different for the internet? In 21st century the internet has become an integral part of our lives and of human communication that it is in fact just another reality for us. We do the same things there as we do in real life – socialise, engage in our hobbies etc. The only difference is that the internet provides us with greater opportunities, such as reaching more people, but that does not change the principle that human interaction online is pretty much the same as offline. If there is no right to be forgotten in real life, there should not be one in the digital one. | |
We expect people to want to use the right to be forgotten mostly when the information on the web is actually hurting them. That means that, in the most common scenario, people would face negative consequences before they can use the right, otherwise why bother one-self with engaging the legal system? However a lack of responsibility is not a charge that can be levied at everyone, often they just could not foresee the consequences. Being responsible is premised on the idea that you know the results of your actions. When you do not and cannot know them – because maybe that photo will be a problem in 10 years – no amount of thinking about an issue is going to make it better. | |
What exactly is the public interest? It is difficult to define in law as Britain is finding in its enquiry into phone hacking, [1] and individuals disagree. [2] Journalists in particular are likely to be much happier about the idea than the rest of the public because it defends their interest to have a broad interpretation. It should not have been up to either Kamm or Haaretz to define what the public interest is. There are some things that have to be left to the state. [1] Sabbagh, Dan, ‘Clarification of the ‘public interest’ defence is badly needed’, guardian.co.uk, 8 April 2012. [2] Elliott, Chris, ‘What do you think ‘public interest’ means?’, guardian.co.uk, 15 May 2012. | |
The public have a right to know what is committed in their name “There were aspects of IDF operations which I thought should be brought to the attention of the public.” [1] Kamm is correct; in any state, but especially in a democracy like Israel, the military is there to protect the state and its people. It is paid for by the people through their taxes. The military is composed of the people through conscription. And as a result what it does is in the name of the people. The accountability of the instruments of the state, including the military, is at the core of what it means to be a democracy. It is therefore essential that the people know what it is doing in their name. Many democracies have laws giving a “right to know” for example the United State’s Freedom of Information Act and First Amendment right of access. [2] It is therefore in the public interest to expose activities that may be detrimental to the state. In this case the military was exposed doing something it has been specifically ordered not to do by the courts so exposing a military that was disobeying civilian authority. [1] Collins, Liat, ‘My Word: Questions and secrets’, Jerusalem Post, 5 November 2011. [2] Papandrea, Mary-Rose, ‘Under Attack: The Public’s Right to Know and the War on Terror’, Boston College Third World Law Journal, Vol.25, Issue 1, pp.35-80. | |
Yes the military has to be accountable but this does not mean that it is directly accountable to the people. Instead the military is accountable to the civilian leadership of the country who is then in turn accountable to the people. The people designate their politicians; their head of state and government as well as minister of defence to control the most senior members of the military. [1] This means that while the military must be transparent it is only necessary for it to be transparent to the civilian government which is at the top of the chain of command not to the people as a whole. [1] Feaver, Peter D., Armed Servants Agency, Oversight, and Civil-Military Relations, Harvard University Press, 2005, p.5. | |
It is right that illegal acts by the state be exposed Anat Kamm was correct when she said “I kept thinking that history tends to forgive people who expose war crimes.” [1] Maj.-Gen. Yair Naveh was documented as saying “This is an arrest operation… But in case [the soldiers] identify one of the senior leaders of the Islamic Jihad, Walid Obeid, Ziad Malaisha, Adham Yunis, they have permission to open fire in accordance with their appraisal of the situation during the operation.” [2] As attorney Michael Sfard states "In other words, the use of words referring to arrest when in fact there is no real intention of carrying out an arrest, but the reference is to assassination." [3] This was despite a supreme court ruling in 2006 that militants must be detained. [4] Kamm may be incorrect when considering this action a war crime as Israel was not at war at the time however assassination is clearly illegal under international law. [5] The press has four roles in a democracy; holding power to account, highlighting issues that need attention, educating citizens, and connecting people to create civil society. [6] In this particular case all of the first three roles were clearly being performed. [1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010. [2] Izenberg, Dan, ‘Stamp of approval from attorney-general’, Jerusalem Post, 13 April 2010. [3] Blau, Uri, ‘License to kill’, Haaretz, 27 November 2008. [4] Guarnieri, Mya, ‘The killing of Zuhair al-Qaissi exposes Israel’s attitude to its supreme court’, guardian.co.uk, 14 March 2012. [5] Wachtel, Howard A., ‘Targeting Osama Bin Ladin: Examining the Legality of Assassination as a tool of U.S. Foreign Policy’, Duke Law Journal, Vol.55, No.677, 2005, p.677. [6] Hume, Ellen, ‘Freedom of the Press’, Issues of Democracy, December 2005. | |
While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1] [1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010. | |
The military can only be held to account if there is transparency States have militaries to protect themselves creating a paradox that “The very institution created to protect the polity is given sufficient power to become a threat to the polity.” [1] The Military is a powerful institution even in a stable democracy like Israel, it needs to be held to account because it is the institution within a state that has most capability to use force if it wishes. An unaccountable military is a military that is much more likely to engage in coups and other anti-democratic actions. Israel is an unusual case in the west in that it has allowed the boundaries separating government, military and society to become blurred leading to worries of military influence on policy. [2] None the less most of the time we can trust the government to hold the military to account however the only sure guarantee is for everyone to have access to all information that have a very low risk of resulting in lives lost; designs of weapon systems, current deployments or planning for current and future missions. This transparency should of course be from the top down with the military giving out this information freely as the military is in a position to know what information is still current and may result in lives being lost. However if the military refuses to be transparent on crimes committed then there is a need for individuals to provide that transparency themselves. Cases like Anat Kamm’s which punish attempts by soldiers to call their superiors to account are therefore damaging as it shows that the officers will not be brought to justice but the leaker will be punished. [3] This actively encourages the military to believe it is above the law and is not accountable to the people. [1] Peter Feaver quoted in Norton, Augustus Richard, and Alfoneh, Ali, ‘The Study of Civil-Military Relations and Civil-Society in the Middle East and North Africa’, in Carsten Jensen (ed.), Developments in Civil-Military relations in the Middle East, pp.7-28, p.7 [2] Weinraub, Alan, ‘The evolution of istaeli civil-military relations: domestic enablers and the quest for security’, Naval Postgraduate College, December 2009. [3] Reider, Dimi, ‘In Israel, Press Freedom is under attack’, The New York Times, 31 October 2011. | |
If individuals are never allowed to take action themselves then we are leaving everything up to the state and the military; two institutions that in cases like this have every reason to attempt to suppress the truth. When the state will not take responsibility for its actions then it is right that others should force it to account for its actions and the only way this can be done is through revealing the wrongs the state has done. | |
This might be a valid argument if the leaked military secrets really were putting lives in danger, but this is not the case in this particular instance. In Israel there is a military censor which newspapers submit articles that might affect national security to and that censor takes out anything it believes to be harmful to state security. [1] All the materials that were published by Haaretz went first through Haaretz’s editors and then this military censor [2] so if there really were any military secrets published that could have put lives in danger the censors were negligent in their job. [1] Sobelman, Batsheva, ‘Q&A Censorship in Israel: ‘A unique model’’, Los Angeles Times, 3 May 2010. [2] Reider, Dimi, ‘In Israel, Press Freedom is under attack’, The New York Times, 31 October 2011. | |
National security should come before freedom of information The Security of the Nation comes before other considerations such as the freedom of information. This is especially true in a nation such as Israel which is surrounded by enemies who will take advantage of any information that they can use to damage Israel. Israel’s security situation is aptly described by Yitzhak Rabin as one of “dormant war” that every few years becomes an active conflict. [1] When the state’s survival is potentially at stake as is the case in Israel then individual rights such as freedom of expression and freedom of information have to be subordinated to the greater collective rights of the nation. [1] Dahan, Michael, ‘National Security and Democracy on the Internet in Israel’, C. Ess and F. Sudweeks (eds). Proceedings Cultural Attitudes Towards Communication and Technology ’98. University of Sydney Australia, 189-192. | |
Individuals do not have the right to decide what information should be publicly available. No individual is empowered to decide for themselves what information should be publicly available and certainly not a 23 year old student. A conscript like Kamm will have little idea of the context, whether operations have taken place, or even often what the information they are leaking means. Without all the facts of each case they are in no position to judge if a particular document is in the public interest. They therefore won’t know the consequences of the information they are leaking which in a military situation could mean lives being lost. This is why militaries have systems for declassifying information; so that when it is done it does not cause any harm. As Sarah Honig writing in the Jerusalem Post argues “We could kiss our entire national defense good-bye if each and every soldier would do likewise with no guideline but his/her own youthful hubris.” [1] [1] Honig, Sarah, ‘Another Tack: Loose lips sink ships’, JPost.com, 23 April 2010. | |
Leaking military secrets puts lives in danger The right to life is the most fundamental right of all. No one should have the right to leak information that might result in someone losing their life. As the documents that Kamm collected included details of IDF deployments and plans for military operations [1] the leaking of this information could clearly have provided terrorists such as Hezbollah or Hamas the opportunity to kill Israeli soldiers. Moreover while the information she gave to Haaretz reporter Uri Blau may not have all been published Kamm herself admitted that she had lost one of the CD’s she copied. [2] [1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011. [2] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010. | |
Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies. [1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011. | |
It is difficult to see how discourse and free inquiry are a basic right when it comes to history. This is not an area which is going to affect people’s lives and liberty if they cannot read about every possible opinion on the subject exactly because what is in the past is in the past and does not impact on people’s day to day lives. Very few people are interested in speaking out against their own history that they grew up learning even if it does not tell the whole truth. | |
Prohibition of a subject damages discourse and free enquiry History is not something that it is worth sacrificing freedom of speech and expression for. Every individual should be free to voice their own views and this includes on areas that are important to the state such as its formation and national heros. In these areas there can be no compelling reason for keeping secrets or discouraging open inquiry and scholarship, there are no national security interests at stake, for most countries the individuals involved are dead. Therefore the only thing being affected are individuals posthumous reputations and the state should not be protecting individuals reputations. Someone’s reputation should stand on all of their deeds and acts based upon fact not just a cherry picked and idealised image set forth by the state. The foundation of Islam is potentially an example of this. Some scholars such as Tom Holland have attempted to show that the Arab Empire gave birth to Islam rather than the other way around as it is traditionally understood. [1] Possible revisions of the early history of Islam are extremely controversial but in light of the conflicts in the Middle East and what is sometimes described as a Clash of Civilizations between the West and Islam it is important that the period be studied. [2] Holland suggests that the Prophet may have been much more influenced by Christianity and Judaism than is recognised by Islam; [3] if there were such links might unearthing them not help to heal divides today? [1] Holland, Tom, In the Shadow of the Sword, Little Brown, 2012, p.40 (ftnote 53) [2] Huntington, Samuel P., The Clash of Civilizations, The Free Press 2002, pp.209-218 [3] Holland, p.49 (ftnote74) | |
This is equally an argument for treating national heroes and history with the respect it deserves. Attacking these ideas is attacking the very foundation of the nation state. Of course the national identity is not going to disappear from undermining Atatürk as the national community is built on more than just Atatürk but each attack helps undermine the whole structure and must therefore be stopped. | |
Countries must be willing to accept the darker sides to their past No country is whiter than white, and often the creation of a country is a bloody event that involves mistakes, tragedy’s and outright massacres. While it is wrong to cover up and not apologise when mistakes are made or horrifying acts are committed the results of this action are likely to have consequences. These events may well be a sour point with neighbouring countries or even just those who feel that the country is not being honest about its past. Turkey is an excellent example of this. Almost everyone would agree that Atatürk was a great leader and most would not consider that his habits make any difference to this. Nor are they likely to judge Turkey on the basis of the foibles of a long dead leader. However during the period just before Atatürk became president the Armenian Genocide occurred (1915-23) which stains Turkey’s foreign relations to this day, France has supported a law criminalising its denial, [1] the US congress has several times had bills proposed highlighting the genocide [2] and so damaging Turkey’s relations with the U.S. [3] and of course helping to freeze relations with Armenia itself. [4] [1] Montjoye, Clementine de, ‘France’s Armenian genocide law’, Free Speech Debate, 29 June 2012, [2] United States Senate, S.Res.399 - Affirmation of the United States Record on the Armenian Genocide Resolution, OpenCongress for the 112th United States Congress, 19th March 2012, [3] Kinzer, Stephen, ‘Genocide vote harms US-Turkey ties’, guardian.co.uk, 5 March 2010, [4] SAĞIR, CELİL, ‘Hopes dim for normalization of Turkish-Armenian relations’, Today’s Zaman, 7 May 2012, |
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