Matt Welch | October 12, 2004
The Volokh Conspiracy's David Bernstein points out an appalling free speech case in Canada, where the Quebec Human Rights Commission has fined a used car salesman $1,000 Canadian for warning some guy's friend that the guy was a "fifi," which the CBC helpfully points out is "a french word that amounts to 'fag.'" This comes as potentially confusing news to me, since that's my French wife's nickname. She reports that the word means something more like "girlie-girl" back in the homeland, but the Quebecois do have a pretty funny way of talking.
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Is anyone surprised? Canada is straight up backward, what can be said for a country with 1/10 the US population and more natural resources and is still teetering on 2nd world status?
This comes as potentially confusing news to me, since that's
my French wife's nickname.
I wonder if French men with American wives named Nancy feel the
same way.
The best Quebec swear words are the religious ones (ostie,
calisse, tabernac), as an anglo-Ontarian I can attest they really
do have the same therapeutic effect as dropping an f-bomb.
Thing is, they don't translate literally well into english (Church,
communion, choir!!)
The best Quebec swear words are the religious ones (ostie,
calisse, tabernac), as an anglo-Ontarian I can attest they really
do have the same therapeutic effect as dropping an f-bomb.
Thing is, they don't translate literally well into english (Church,
communion, choir!!)
Since the salesman was fined for using the word fifi, is CBC
going to be fined for using both "fifi" AND "fag"?
Why use the derogatory term "fag" when you could say "gay" or
"homosexual"? Obviously, someone at CBC has problems, and must be
punished.
I'm just curious. What would the reaction of readers here have
been if the car salesman had whispered "kike" or "jungle
bunny".
Free speech is an interesting problem. I'm not sure a case couldn't
be made in favour of laws forbidding "verbal assault".
Far more shocking and "straight up backward" - to me, at least - is
Martha Stewart's imprisonment. If ever one needs first amendment
privileges/rights, it's when talking to the feds.
RC, because it doesn't translate as "homosexual." The term,
apparently, has the insulting, rude connotation.
If you translate the Yiddish(?) word "schwatze" as "African
American gentleman," you've mistranslated the word.
I did a google search on "fifi", since it's not in my
dictionaries. (I presume it comes from "fille-fille", but that's
just a guess.) I ran across a letter to Les Francs-tireurs
- a show on Télé-Québec. The author of the letter
seems quite upset that one of the "animateurs" of the programme
used the word "fifi" twice in 50 minutes.
assault: A violent physical or verbal
attack.
Try calling a cop who has stopped you for speeding a "queer" or a
"fag" some time, Karl. And then, right aftwards, cite your 1st
amendment rights. I'd enjoy hearing how things turn out for
you.
Great raymond. I'll base all my decisions about what should fall
into the realm of law enforcement based on what certain actions
will get me in some interaction with a guy with a gun and a small
man complex.
You'll not convince (as far as I'm able to acertain - I suppose
it's theoretically concievable) that calling someone names, however
vile or reprehensible, should be grounds for involving the
law.
-Karl
joe, are you utterly humorless?
Don't you see the humor (black though it may be) in an ordinary
shmoe getting fined for using a derogatory term in conversation,
while a broadcaster gets a free pass on using not one, but two
derogatory terms broadcast to millions?
You'll not convince ... that calling someone names, however
vile or reprehensible, should be grounds for involving the
law.
Incitation
à la haine
When this law first came into effect, I was troubled. I thought it
was an abridgement of freedom of speech. But my thinking has
changed somewhat.
Among the fundamental human rights is the right to Dignity.
Actions - including the actions of speaking and writing - which
violate fundamental rights are not protected by the first amendment
(to put this into American terms).
I'm still a bit uncomfortable with the provision of this law which
forbids revisionism, because I think Europeans have a tendency to
forget, and a nice revisionist scandal is always an effective way
of reminding everyone what violating the right to Dignity can
result in. However, the way the law is written ( pour la même
raison), I can live with my slight discomfort.
Injure
This law is interesting, too. I imagine it was the Québec version
of this law which was applied in the case talked about above.
----------
I'm no jurist. If someone can't figure out what these pages mean
from the babelfish translation, I'll clarify - to the best of my
ability - what needs clarifying. (If RandyAnn doesn't do it
first.)
So now's there a "right" to Dignity?? With a capital D, no
less??
dignity:
1. The quality or state of being worthy of esteem or respect.
2. Inherent nobility and worth
Among clearly less applicable definitons.
No one has a right to being worthy of esteem or respect. Some
people are worthy and some aren't, that's my decision to make, not
the government's and not yours.
Why don't you admit what this is really about, the right to not be
offended. But as soon as such a right is recognized, you can kiss
the 1st Amendment goombye.
fyodor,
Goombye? :)
There are classes of speech which are not protected by the First
Amendment; these include "fighting words," libel, etc. In other
words, the First Amendment is not as absolutist as you appear to
imply.
Capital D, as in DoI usage. Yes.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
UDHR
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
dignity
1. The quality or state of being worthy of esteem or respect.
2. Inherent nobility and worth
respect
To avoid violation of or interference with
All men are created equal. All men have equal worth. In the same
way that all men are endowed with the rights to Life and Liberty,
they are worthy of respect.
Assuming you were revolted by the photos of what went on in abu
Ghraib... What right was being violated there? When your agent put
the leash you paid for with your taxes on the prisoner, which right
was she violating? When she and your other agents forced the
prisoners to masturbate for the camera, which right were they
violating?
"She reports that the word means something more like
"girlie-girl" back in the homeland, but the Quebecois do have a
pretty funny way of talking."
So if you call a guy that, you're calling him a girlie-boy?
Governor Schwartzenegger please note.
raymond-
I think you are a tool. This in no way deprives you of liberty or
property. You just may not like it and perhaps it makes you feel
sad. Suck it up. Clearly those poor soles in abu Ghraib were
deprived of liberty. This is a far cry from having their feelings
hurt because someone let them know they didn't like them or their
lifestyle. Please explain what a 16yr old Iraqi boy getting ass
raped has do with your perceived right to some self esteem.
I think you are a tool.
I presume that's some sort of insult. Are you very very young? Just
curious.
Try reading the Universal Declaration of Human Rights again. Try
reading what I actually wrote. "Self esteem" isn't the issue. Nor
are "hurt feelings".
Would you please define "liberty" as you are using it above?
When the Declaration says "among these", does it mean "only these"?
The way "unalienable" means "alienable"?
�I presume that's some sort of insult. Are you very very young?
Just curious.�
You presume? Those that don�t think to good shouldn�t think too
hard. Young? No, just crass. Call the thought police; raymonds
dignity is on the line.
�When the Declaration says "among these", does it mean "only
these"? The way "unalienable" means "alienable"?�
Your premise not mine. However, like many others you have taken the
ninth to extend to the patently absurd. It is irrelevant how you
chose to interpret the declaration. I noticed you avoided
addressing my abu G. comments above, please to respond. As far as
my definition of liberty; the ability to act of my own volition
without imposition from the state. In my perfect world we would all
be able to do whatever we chose save for those things that forcibly
interfere with said liberty of others. My right to carry my sign
reading �fag�, �nigger�, �kike� whatever ends at your doorstep.
Granted, carrying these signs would make me an asshole, but lets be
absolutely straight about what you are proposing. The state will
have the power to penalize its citizens for voicing unpopular
opinions. Opinions that others deem offensive and belittling. Go
ahead, it�s not that arbitrary right? Certainly not, these are
things that YOU find offensive, belittling and antithetical to
dignity. Give me a break. Liberty means we will all be faced with
opinions that are disgusting. Hateful, repugnant opinions. In the
context of the first amendment the state has an overwhelming
interest in penalizing speech that directly leads to violence or
property damage. Where is the states interest in making sure
raymond is not offended?
Canada might joing the Warsaw Pact?
Don't be ridiculous.
... the Warsaw Pact nations are much too friendly with the United
States these days. :)
Sort of a waste of time, but...
Where is the states interest in making sure raymond is not
offended?
"Straw man" . Thanks for the (repeated ad nauseam) example. (btw,
The only valid "state interest" is securing the rights of the
people.)
The state will have the power to penalize its citizens for
voicing unpopular opinions.
Another straw man.
If you read the laws I've linked to (and they are not unique in
Europe) and the UDHR, you will note that it is not
the expression of "unpopular opinions" which falls under their
purview.
I hasten to add... You may have the right to free speech, but I
have the right not to have to listen. But that's another discussion
entirely.
I noticed you avoided addressing my abu G. comments above,
please to respond.
They are completely unintelligible to me. Perhaps it's the lack of
paragraphing.
Clearly those poor soles in abu Ghraib were deprived of
liberty.
Not just the soles. The whole damn foot!
You have defined "liberty" as "the ability to act of my own
volition without imposition from the state". I define it as "the
ability to choose".
I won't go into a long explanation of my ideas on freedom here or a
critique of your definition. Nobody's interested, and you wouldn't
read/understand anyway. I do believe that psychological torture is
an infringement on the right to Liberty; and so yes, I agree that
their liberty is being violated in a very real way.
However, in this particular case we object not only to the
infringement of liberty (if we are even capable of recognising it)
but to the violation of... human dignity. To confuse this
humiliation with "hurt feelings"...
you have taken the ninth to extend to the patently
absurd.
You mean the patently absurd way people demand the right to picket
funerals with "god hates fags" and "he deserved to die" signs? The
way people demand the right to own and carry howitzers? The way
people demand the right ritually to kill defenseless human beings?
The way people demand to be allowed to turn right on red?
Human Dignity. "Patently absurd."
Goombye-ya, my Lord
Goombye-ya
Goombye-ya, my Lord
Goombye-ya
Goombye-ya, my Lord
Goombye-ya
Oh, Lo-ord
Goombye-yah
I'm not sure that 'Fifi' means anything in the
homeland, but a diminutive for 'Philippe'. Not in my part
anyway. It could be an interesting regional variation.
Now, Maupassant's 'Mademoiselle
Fifi', is definitely effeminate,
(but not gay). Does the quebecois meaning comes from here
?
fifi s. m.
Favori, chouchou, chéri. Le maître lui donne des bonnes notes
parce que c'est son fifi.
Doublement de l'interjection de mépris fi.
(http://amisdeguignol.free.fr/texte/dico/dicoF.htm)
In the Quebec-French
dictionary, the word is feminine. "Maudite fifi" is the example
given.
"the Quebecois do have a pretty funny way of talking."
Matt, link to any American slang or French argot dictionnary and
you could say the same about Americans or French. The joke is easy
but issues of free speech are more complex than that.
'You have defined "liberty" as "the ability to act of my own
volition without imposition from the state". I define it as "the
ability to choose".'
Liberty is the choice between exercising free speech and
fines/imprisonment? Strange definition.
"She reports that the word means something more like
"girlie-girl" back in the homeland, but the Quebecois do have a
pretty funny way of talking."
I can't claim to be a master of Qu�b�cois argot but I always got
the impression that fif/fifi isn't quite necessarily "fag" but
covers the semantically neigbouring zone of wimpiness ("pussiness"
in English, I suppose) as well. "What do you mean you don't want to
come out in the -40� weather? Don't be such a fif," or at least
that's how a lot of Mtl. anglophones use it. The Qu�b�cois have a
related adjective maumon, which was defined to me as "anyting dat
ave to do wit being omosexual" but not really literally -- vaguely
like "queer," I guess. I think the example I was furnished was men
wearing capri pants....
If anybody cares...
Every Canadien film/series I've ever seen on French tv has been
subtitled.
I think it's cute.
And oh! I have seen American commercials dubbed on Brit tv.
Oh "Jason," you and your sophistry!
Yes, I know the 1st Amendment is not "absolute." But I was not
implying what you imagine I was. Only keeping my post short!
But in the examples you list, some sort of infringement of rights
is directly effected by the speech in question. Or at least it
better be for the law to be involved, or else I'm against the law
being involved! (And just because case law or the Supreme Court
says it's one way doesn't mean I have to agree that it
should be that way!) And in this case (what the original
post is about), there is simply no damn "right to Dignity" and no
right not to be offended, and therefore no reason why, in short,
the government should step in or, as the cliche goes, the avowedly
bad speech shouldn't best be remedied by more speech. Set the
precedent that actionable speech is based on it giving offense, and
you have a much slipperier slope than prohibiting speech that has a
direct effect on infringing rights!
Oh, and I think one of my parents sometimes said "goombye." :-)
raymond,
What are you quoting there?
As for, "All men are created equal. All men have equal worth. In
the same way that all men are endowed with the rights to Life and
Liberty, they are worthy of respect."
Clinton jokes notwithstanding, words often have more than one
meaning, and respect can also mean:
To feel or show deferential regard for; esteem.
This is obviously the meaning being used in the definition of
dignity, since it is used in conjunction with "esteem." Certainly I
believe all individuals who have not previously violated someone
else's rights should have their rights to Life and Liberty
respected. But that doesn't mean all people are inherently worthy
of the type of "respect" that resembles "esteem." Now, I would go
so far as to say it's a nice thing to grant people
inherent dignity, but there's a big difference between that and
saying people have an inherent right to dignity.
"Assuming you were revolted by the photos of what went on in abu
Ghraib... What right was being violated there?"
Since the prisoners at abu Ghraib did not want to be
treated in the way they were, and since it was not necessary for
holding them for trial or interrogation, it was an infringement of
their right to liberty, their right not to be coerced into doing
something they didn't want to do (regardless of how they described
why they didn't want to do it; that's their own
business).
Additionally, just because behavior is legally just or acceptable
does not make it the best or "right" way to behave. Again, granting
dignity to prisoners in their captivity is a good way for our penal
system to work, but that doesn't imply a right to it such that
saying something contradictory to someone's dignity should be an
actionable offense.
Just to clarify. The Quebec Human Rights Commission investigates alleged breaches of the Quebec Charter. The Quebec Human Rights Tribunal adjudicates alleged breaches of the Quebec Charter. As I read this news report, and I agree it is not clear, the Tribunal has not ruled on this case. As of today, the Tribunal web site ( www.lexum.umontreal./ca/qctdp/en/ ) does not have any links to this case. ( The Website was updated today) It may be that if this case goes before the Tribunal no breach of the Quebec Charter will be found.
1. Sometimes people are stubborn. Take people who refuse to
understand any meaning of "dignity" other than "high esteem". Even
when presented with the UDHR, which uses the word several times in
the way I'm using it, some people are incapable of giving an inch.
Sorry. I can lead a horse to water, but I can't make a silk purse
out of him.
2. Since the prisoners at abu Ghraib did not want to be treated
in the way they were, and since it was not necessary for holding
them for trial or interrogation, it was an infringement of their
right to liberty,
Maybe the Canadian guy didn't want to be treated the way he was
treated. Maybe he didn't want to be called "fifi". According to
your statement above, "it was an infringement of their right to
liberty". I don't agree with you but hey. We use words differently,
so maybe "liberty" means... "dignity". Who the heck knows, from
reading your posts.
raymond,
First of all, I asked you what you were quoting, and instead of
answering me you get mad that I'm not impressed by it. Okay, by
googling I see that it's the UN Universal Declaration of Human
Rights. Sigh. Well y'know, just because the UN says something is so
doesn't make it so. Perhaps this is a good example of how said
document departs from classic liberalism.
Next, you added the word "high" to my definition of dignity, but no
matter, I was going by what was listed in dictionary.com. As I
stated previously, all the other definitions shown there are
clearly less appropriate to the issue at hand. Now, if you feel
that "dignity" has some meaning other than what was listed there
that better applies, please by all means feel free to say what that
is.
Next, obviously the guy didn't want to be called a fifi, and
frankly I don't blame him. But the relevant point here is that that
did not violate any of his rights, including his right to liberty.
I.e, no one made him (either directly or by threat of force) do
something he didn't want to do as was the case at abu Ghraib.
You say we use words differently. Well that's exactly why I quoted
the dictionary. Again, feel free to define dignity how you're using
it, if you like. No, I am clearly NOT using liberty to mean
dignity. In fact, here's an applicable definition of liberty:
The condition of being free from restriction or control.
Quite different from the definition of "dignity," no? That's what
was violated at abu Ghraib but wasn't by calling someone a fifi.
Sure there's some gray areas in this matter that I'm glossing over,
but I'm not writing a book for chrissake. These are the most
immediately relevant points which explain what was different about
the two situations.
Sorry you don't find my posts clear. I think they make articulate
and cogent points. Your latest post, however, seems to reflect
short-tempered frustration and exasperation rather than any sort of
reasoned argument. Well, hope your day gets better!
raymond,
Y'know, this all comes down to what your mother told you to say
when someone called you a name as a kid:
Sticks and stones may break my bones but words will never hurt
me.
UNITED
STATES OF AMERICA -
Undermining security: violations of human dignity, the rule of law
and the National Security Strategy in "war on terror"
detentions (Amnesty International, 9 April 2004)
Taken at face value, the USA�s National Security Strategy similarly commits the United States to an approach that has human rights at its core. For example, it emphasises that the path to a safer world must include "respect for human dignity". Indeed, it mentions the words "human dignity" no less than seven times in its 31 pages. In doing so it echoes the Universal Declaration of Human Rights, adopted in 1948 in response to years of "disregard and contempt for human rights" and which has at its heart a vision of a world in which the dignity of every human being is respected.
President George W. Bush claims to be a staunch defender of the Universal Declaration. He told the UN General Assembly that: "As an original signer of the UN Charter, the United States of America is committed to the United Nations. And we show that commitment by working to fulfil the UN�s stated purposes, and give meaning to its ideals. The founding documents of the United Nations and the founding documents of America stand in the same tradition. Both assert that human beings should never be reduced to objects of power or commerce, because their dignity is inherent."(7) In all three of his State of the Union addresses, as well as in his inaugural speech, he has asserted that the USA was founded upon and is dedicated to the cause of human dignity.(8) In a recent speech at the International Institute of Strategic Studies on peace and security, he said that "We believe in...the duty of nations to respect the dignity and the rights of all."(9)
Let's see. Me. The United Nations. The Pope.
And omg. Even... George W Bush. We _all_ use the word "dignity" in
pretty much the same way.
"Look at my son fyodor. All the soldiers are out of step except my
son!" (Another maternal kind of saying.)
Here. Go look this over,
too.
Sticks and stones may break my bones but words will never hurt
me.
I've thought of that saying several times during this
discussion.
I work with kids. That saying is just plain stupid. Believe me.
raymond,
What is your point? That people use the word, "dignity?" I said
there is no right to dignity because there is no right to being
"worthy of respect or esteem." If someone says there is
such a right (based on this definition of "dignity"), I strongly
disagree because being worthy of esteem or "deferential regard" is
not inherent. That said, I also believe, as I said earlier, that
it's a nice and good thing to treat people with dignity. Clearly,
the used car salesman was not being very nice when he called the
other guy a fifi. But he was not violating the other guy's rights,
either. To recognize a right not to be offended would insert the
state/society into the subjective minutia of interpersonal
relations. Aside from the practical nightmare of such, I just don't
think such a right exists, whoever else thinks otherwise. I do
agree, however, that I was wrong to bring up that child's saying,
for the simple reason that adults are not children. It is your
formulation of this issue that would equate the two.
Now, perhaps the UN and George Bush and the Pope are meaning to say
what I said about treating people with dignity being a good thing.
Perhaps, OTOH, they are using the word in a sense that is not
clearly defined in the dictionary. In one sense, meanings of words
are all arbitrary, but in another they're quite real and important.
The latter sense manifests itself when meanings slide into each
other and become confused, or conflated. I think (and hope) that
what the UN is probably trying to say about human dignity would
likely be better expressed in the concept of recognizing
individual sovereignty, such that one has the sole right to
control oneself without interference from others, unless one has
already violated that right in another.
Since insulting someone does not control them, no right has been
violated. I do confess now that my sense of horror at what you said
was a reflection of my understanding of rights being steeped in the
US Constitution and classic liberalism and of my ignorance of the
UDHR. But, bottom line, if the logical extension of the UDHR is to
penalize those who non-threateningly offend others, then I'm
against it! What if someone really is a jerk? Should it be
illegal to say so?!?
Again, there are gray areas in this matter such that one who
verbally insults another has opened himself up to verbal criticism
himself. But state coercion is a quite physical thing, and unless
someone's crime is likewise physical (or implies the threat of
such), the force of the state should not be brought to bear on the
perpetrator.
dignity
1. the quality or state of being worthy : intrinsic worth ex: UDHR: All human beings are born free and equal in dignity and rights.
Webster's Third New International Dictionary - Unabridged
If all human beings do _not_ possess intrinsic worth, then the
rights to Life, Liberty, Property... are really not worth bothering
about. (Which probably explains slavery.)
what the UN is probably trying to say about human dignity would
likely be better expressed in the concept of recognizing individual
sovereignty
It's unfortunate you weren't there to guide them.
I actually (oh horror!) believe that I have the RIGHT to walk down
the street without being ridiculed, humiliated, insulted, abused,
assaulted, bullied, tormented. I believe that everyone has this
right. I have the right to be left alone.
As I said above, I work with kids. Their right to walk down the
street free from your harrassment (hypothetical) trumps your right
to free speech any day. And so does mine.
Calling someone a jerk might not injure him. But calling a kid
"queer" and "fag" over and over... "Free speech" just might be one
explanation for the high suicide rate among gay youth.
I can hear your answer already. "Ah yes. But they
choose to kill themselves." Yeah well.
People in prison - including those in abu Ghraib - have the right
not to be humiliated. Little old ladies walking to church have that
right. We all have the right not to be dehumanized. Because we are
human beings.
This is not a question of "oh poor little raymond's feelings are
hurt." This is a question of human dignity.
You talk about "rights". You pretend to defend freedom of speech.
In fact, what you are defending is your "right" to force me to hear
things I don't want to hear. You seem to think that the Bill of
Rights obliges me to listen to you. You defend the "right" to
destroy a reputation or peace of mind.
I'll give you this: If Fred Phelps wants to stand in his toilet and
chant "God hates Matthew Shephard", heck. I don't care. I'll defend
his right to speak like that. He can do that till he dies. But as
soon as he wants to do this where I have no choice but to hear him,
then No!
So. I think the Swiss laws I linked to above are just fine.
btw, I now understand the real power of free speech. If you keep
setting up straw men and repeating them enough, your interlocutor
gets so worn out he doesn't have the strength to care any more.
I guess most of the libertarians on this board seem to not
really care much about the sovereignty of the Unitied States.
That's what I've noticed about previous threads also, especially
the ones about illegal immigration.
Well, what goes around comes around. You want the UN to over-rule
our Constitution with it's gun-control schemes (not discussed here)
and it's Universal Declaration on Some Bullshit. Apparently, from
what Raymond says, it declares that yes sticks and stones can break
your bones and words can hurt your dignity making them
illegal.
Raymond, you're a Statist Tool. I don't think you'd have any
problem if we scrapped the entire first Amendment to the
Constitution in order to comply with an edict developed by the
majority of nations of the UN (incl. China, N. Korea, Zimbabwe, and
the wonderful Sudan territory). What Koki Annin says, I guess ...
Sure ...
We're definitely not giving up the guns, now ...
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