Charles Paul Freund | January 14, 2005
Thanks to a proposed law that would limit permissible speech concerning religion, the UK is is in the middle of a debate about free speech. Two recent events have exacerbated the situation: a now-cancelled play called Bezhti upset many Sikhs (the playwright has gone into hiding); a musical called Jerry Springer: The Opera was broadcast by the BBC and reportedly offended many Christians who in protest burned their TV licenses. The writers' group English PEN is worried about the law, and has written a letter asking for a meeting with the Home Secretary.
Meanwhile, Salman Rushdie has complained in a letter to The Guardian that "The continuing collapse of liberal, democratic, secular and humanist principles in the face of the increasingly strident demands of organised religions is perhaps the most worrying aspect of life in contemporary Britain."
The Home Office Minister, Fiona Mactaggart, responded with a letter of her own: "For many years the law has established that free speech rights do not licence people to stir up hatred of others on the basis of their race. Now we are seeking to offer the same protection to people targeted because of their faith. This is not religious appeasement, but a responsible reaction to the tactics of those, especially from the extreme right, who would foster community tension by stirring up hatred of members of a faith group."
Writes Timothy Garton Ash, "Future historians may look back on the last three decades of the 20th century as a high point of freedom of expression, never to be achieved again. There may be a net gain in other public goods - such as civic peace - but there'll be a net loss of liberty."
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I think Jerry Springer reportedly offended SOME
Christians, not "many".
It is interesting, btw. A fun piece of entertainment. The tunes
aren't very catchy, but the lyrics are easy to remember.
I'm just going to savor this phrase for the rest of the
evening:
"...who in protest burned their TV licenses."
"For many years the law has established that free speech
rights do not licence people to stir up hatred ..."
You're doing it wrong.
"...and reportedly offended many Christians who in protest
burned their TV licenses."
Wait. Stop. TV licenses? What the hemhorraging fuck?
"Wait. Stop. TV licenses? What the hemhorraging fuck?"
Yup, just another way for the social democracy of the United
Kingdom to squeeze some Pounds Sterling out of their subjects.
http://www.tvlicensing.co.uk/
"A colour TV Licence costs �121.00 and a black and white licence
costs �40.50."
"We have a fleet of detector vans, plus, our enforcement officers
have access to hand-held detection devices capable of detecting a
magnetic field when a TV is switched on. In fact, we catch an
average of over 1,000 people watching TV without a licence every
day."
So, if I understand this correctly, you guys have to be a LICENSE to watch TV over there? What if you only have cable or satellite?
""For many years the law has established that free speech rights
do not licence people to stir up hatred ..."
"You're doing it wrong.""
Yes. They are doing it wrong. Look at the US. Sure, we have the
KKK, white supremacist groups, etc. But we have yet to start
regulating things as hate speech. The KKK is as welcome to speak at
the Capitol Building in DC as Mothers Against Drunk Driving.
This sort of regulation of speech is counter-productive. Suddenly
all manner of otherwise upstanding and respected citizens will
become "seditious criminals."
That's backwards. Let those who hate you speak all they like.
Letting them speak will only allow them the opportunity to put
their feet in their mouths and embarrass themselves. They'll show
themselves for the ignorant, intolerant fools they really are. Why
do you think the KKK is in such decline? They come to speak against
minorities here in my own city regularly. And instead of arresting
them all for speaking in a way we don't like, we let them
talk.
The right way to do this whole thing is to recognize that the Right
to Free Speech, while it guarantees me the right to say anything
about anyone, it does not guarantee me **an audience** for my
speech. Let it be that way. Let them talk, but ignore them.
**If no one listens, they can't do any harm!!**
I've seen a news show about Brits and their TV licenses.
Here's the fun part: If you don't buy one then the authorities will
send a radio scanner truck by your house and check if you're
watching anything.
It's like something out of Hogan's Heroes when the Gestapo used to
send out radio trucks to home in on the underground. Maybe that's
another reason they didn't like Prince Harry wearing that Nazi
costume at a party.
Doesn't this blur the difference between not wanting free speech to happen and not wanting to support speech which you find offensive? Don't the Brits make that distinction? Shouldn't we? I've always had sympathy for the people who don't want to subsidize abortion when they think it is murder. They shouldn't have to.
"targeted because of their faith" is a phrase that strikes me.
Faith in many cases determines what an individual thinks, says and
does.
So in essence these things cannot be criticised if they can be
attributed to religion.
This is most definitely a repudiation of free speech and no
less.
Lots of Brits don't buy a TV license. I certainly never have
:)
There are ways of making sure that you cannot get caught. But I'm
not letting on here how it is done.
The point of the license was to ensure that at least one channel
was free from commercial influence, or something like that.
But the BBC (who collect the license fee) has turned into the most
ridiculous politically correct propaganda machine in the world. If
it was up to them it would have us all believe that Islam is a
religion of peace and the the US is the great satan.
However, they do make excellent comedies and nature
documentaries.
But if they want their license fee from me they can whistle out of
their arses for it.
This is such a bad idea.
If this law goes into effect, I can't wait for someone to propose
banning the Koran because of it's 'hateful' speech against other
religions.
I think this is going to lead to a rise in tensions and
ill will as opposed to a preventive measure against such things.
But then again, hasn't Europe always had such laws, regulating
speech. Weren't blasphemy laws part and parcel of European culture
for most of it's history? Didn't high culture and art develop in
spite of it?
I didn't realize free speech rights "licensed" anybody to do anything.
I know some Christians have been frightened by court rulings in Canada, Sweden and elsewhere that called Bible-based preaching against homosexuality to be tantamount to a hate crime. That obviously wouldn't fly in America, but I wonder if some majority of devout Christians wouldn't accept freedom from perceived blasphemous criticism in exchange for limits on their freedom to preach hellfire and damnation.
Btw, Melanie Philips had a relevant
post today:
"Then I asked Iqbal Sacranie, general secretary of the
MCB,whether he thought that any public statements about Islamic
terrorism, or any speculation about the number of Muslims in
Britain who might support Islamic terrorism, would constitute
incitement to religious hatred. He said: 'There is no such
thing as an Islamic terrorist. This is deeply offensive. Saying
Muslims are terrorists would be covered by this
provision'.
From that same post:
Interestingly, they were very much on the defensive, as they
felt that the attack on the bill, mounted by the comedian Rowan
Atkinson and many others on the grounds that it would criminalise
legitimate speech, had already done serious damage to the
government's case.
It's pretty sad when Mr Bean is defending the freedom of speech...
;-)
Us glee and certainty in free speech is somewhat reinforced by
our never having a seditious movement worth its name. That being
said...the US is absolutely right, and European weak free speech is
wrong.
Britain's also got that constraining libel law that I understand
actively influences editors and writers on a daily basis.
Hate is fine. Stirring up hate is fine. Specific acts of violence
in any context are against the law. It's the way it should be.
Mitigating how people are encouraged to parse the world into
worthless asses and fine upstanding folk is not the job of the
government.
Drawingblood.com said:
"Us glee and certainty in free speech is somewhat reinforced by our
never having a seditious movement worth its name."
You must have missed that whole Civil War thing.
Us glee and certainty in free speech is somewhat reinforced
by our never having a seditious movement worth its name.
You must have missed that whole GWB-Republican Party thing.
I stopped paying my TV licence after the BBC was caught telling
such gross lies over Blair and the Iraq War. Dyke and fat Gilligan
made it clear to me that they were on the other side in the War on
Terror.
And all the threatening billboards on the streets, buses and
underground ('Pay your TV licence or a 1000 pound fine') did not
dissuade me.
The TV licence in the UK is the main source of income for the BBC. When the licence was introduced the BBC was the only TV network. There are no commercial breaks on the BBC channels. There are now hundreds of TV channels and the BBC has an increasingly smaller share of the viewing audience (I think the total for all BBC channels is 30%). A very large proportion of UK citizens want to get rid of the licence but the government of the day always comes up with some ridiculous excuse to keep it. The BBC would probably sink without it.
An extract from the letter you get every fortnight, even if you
don't own a TV in Britain:
"OFFICIAL WARNING
Our Enforcement Division has identified that there is no record of
a TV licence at your address, and that you may therefor be watching
or recording television programme services [note the pompous
language] without a valid licence.
Enforcement officers have been authorised by us to visit your
address in W**** Road to interview you under caution in compliance
with the Police and Criminal Evidence Act 1984."
OK.
An extract from a telephone call I make to TV Licensing every
fortnight:
"If you send your %*&@ing drones round here, I'll have the
�$%*s arrested."
"... to interview you under caution in compliance with the
Police and Criminal Evidence Act 1984."
"Police and Criminal Evidence Act 1984?
1984?
Hm-m-mm
I stopped paying my TV licence after the BBC was caught
telling such gross lies over Blair and the Iraq War. Dyke and fat
Gilligan made it clear to me that they were on the other side in
the War on Terror.
You mean the lie about the government having "sexed up" the danger
from Iraq's WMD? The criticism of Blair's "forty-five minutes till
total destruction" speech? THAT lie?
Or do you mean the lying report about the US decision to send all
their weapons searchers home because THERE WEREN'T ANY WMDs?
Or the one about the CIA report warning that Iraq has now become
"terrorist central", and so the BBC actually WAS on "the other side
in the war on terror" because they didn't publish pro-war
propaganda?
Couldn't be the last two, though, since Dyke and Gilligan were
already out.
Is it just me, or is Salman Rushdie conflating a perfectly good
act of civil disobedience (buring TV licenses) with threats of
violence and mayhem (the Sikh threats against those involved in the
play).
Lets be clear here. It is not "organized religions" in general that
are making "strident demands," not to mention issuing threats. I
don't see Jews, Buddhists, Taoists, or animists involved in this
kerfuffle at all, and the only Christians I hear about are engaging
in perfectly civil discourse/disobedience. No, there is one
organized religion in particular that seems to be going to
unacceptable lengths to shut down free speech, but somehow no one
dare speak its name.
I'll speak its name. In this particular kerfuffle, it is the Sikhs who are threatening violins. When do I get my medal ?
The idea that there should be a group of individuals with the power to restrict the speech of other individuals is outrageous and primitive.
"I stopped paying my TV licence after the BBC was caught telling
such gross lies over Blair and the Iraq War."
Do you mean the lie that Iraq could deploy WMD's within 45 minutes?
Or that Iraq was buying Uranium from Niger? Is Saint Blair still
standing by those claims? If any one lied with respect to the Iraq
war, it certainly was not the BBC.
RC Dean:
"I don't see Jews"
Didn't French-Jewish organizations pressure the French governement
to shut down Al-Manar TV in France? I guess it is only free speech
when it is not attacking certain religious groups.
"For many years the law has established that free speech
rights do not licence people to stir up hatred ..."
The purpose of freedom of speech and our 1st Amendment is to
protect speech that we don't like, not just speech that we approve
of. The fact that some speech can engender hatred is, of course, no
reason to restrict those who speak it or the right of others to
hear it.
Free speech is the capitalism of the mind.
"Free speech is the capitalism of the mind."
Then free love must be the...
Matt,
That reminds me of the old cyberpunk slogan:
"Free your mind and your ass will follow"
Augustine,
They are part and parcel of American culture too. What Europe (and
the U.S.) has uniformily are virtual bans on "prior restraint"
laws.
See Chaplinsky v. NH [the "Live Free or Die State" of all
places] 315 U.S. 568 (1942), where the SCOTUS upheld the conviction
of a man who violated a state statute forbidding anyone to address
"any offensive, derisivee or annoying word who is lawfully in any
[public space] [or] call[ing] him by any offensive or derisive
name."
Note that the fellow was denouncing "organized religion" on a
street (he was a Seventh Day Adventist) and a disturbance occurred
in the wake of his statements. When the cops took him in the direct
of the police station, he called the City Marshal (who had urged
him to "go slow" during his speech) a "damned fascist" and a "God
damned racketeer."
Note that the court in 1949 (in a 5-4 decision) struck down a
conviction under a similar set of circumstances (though the
disturbance was much more significant) in Terminiello v.
Chicago 337 U.S. 1 (1949), though the court stated that
Chaplinsky was still good law. Specifically it argued that
while speech must be protected against censorship or punishment,
such could apply to speech where it "produce[s] a clear and present
danger of a serious substantive evil that rises far above public
inconvenience, annoyance, or unrest."
Yet the conviction of a man for disorderly conduct was upheld in
Feiner v. NY 340 U.S. 315 (1951) where the court reasoned
that the defendant was appropriately arrested for attempting to
start a riot. Yet the dissent argues that the "facts" in the case
didn't merit the arrest (from what the majority presented they
appear to be right) and that it was against the threats of a
hostile audience that the speaker needs protection and not vice
versa.
For similar back and forth concerning issues like "group libel,"
"offensive words," unconventional forms of communication, etc.,
see: Beauharnais v. Illinois 343 U.S. 250 (1952);Cohen
v. California 403 U.S. 15 (1971); U.S. v. O'Brien 391
U.S. 367 (1968); etc.
We regulate speech a lot in this country; we just don't realize it,
that's all.
BTW, I note that I didn't even touch on the notion of commercial speech, near obscene speech, etc.
R.C. Dean,
If your are trying to put the smack down on Rushdie, then realize
that he has been more than critical of radical Islamic figures and
movements over the years.
Now, with regard to your ignorance of British ethnic relations note
that Britain has indeed had a lot of problems with Hindus and Sihks
rioting in the streets over the past a decade or so.
Bono & Gavin Friday
In The Name Of The Father
Come to me
Come lie beside me
Oh don't deny me
Your love
Make sense of me
Walk through my doorway
Don't hide in the hallway
Oh love...step over
I'll follow you down
I'll follow you down
In the name of whiskey
In the name of song
You didn't look back
You didn't belong
In the name of reason
In the name of hope
In the name of religion
In the name of dope
In the name of freedom
You drifted away
To see the sun shining
On someone else's day
In the name of United and the BBC
In the name of Georgie Best and LSD
In the name of a father
And his wife the spirit
You said you did not
They said you did it
In the name of justice
In the name of fun
In the name of the father
In the name of the son
Call to me
No one is listening
I'm waiting to hear from you love
Stay with me
It's cold in the ground
But there's peace in the sound
Of the white and the black
Spilling over
I'll follow you down
I'll follow you down
I'll follow you down
Gary Gunnels,
"that Britain has indeed had a lot of problems with Hindus and
Sihks rioting in the streets over the past a decade or so."
When was this ? All the brit rioters I've read about have been
soccer hooligans expressing diappointment over the poor performance
of their cricket team or bangladeshi muslims unhappy over all kinds
of s**t.
SM,
In the 1990s and most recently 2001. The riots have included a
mish-mash of South Asians, including Muslims, Hindus and Sihks.
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