Tolerance and Free Speech: The Moment between breathing out one orthodoxy and breathing in another.
In this case, the latter is a weird mix of multiculturalism and victim identity politics and Islamic vitimo-triumphalism.
Disturbing Calls For Censorship In America By Professors, Journalists, U.S. Diplomats, And Egyptian Government:
In response to a film that mocked Mohammed, journalists on MSNBC, a professor, and the Egyptian government called for punishment of the film’s producers. Prominent left-leaning law professors have similarly advocated that such speech be restricted, citing customary international law. Their position, if accepted, would seriously menace free speech in America, and harm the publishing and film industries. (At the UN, the Obama administration has also lent qualified support to restrictions on “hate speech” and speech that incites hostility to Islam and other religions.)
The Egyptian government said, “We ask the American government to take a firm position toward this film’s producers within the framework of international charters that criminalise acts that stir strife on the basis of race, colour or religion.” In a commentary yesterday, Prof. Peter Spiro, one of the leading international law scholars in the country, cited international norms as a justification for banning such speech: “The deplorable killing of Chris Stevens in Libya suggests a foreign relations law rationale for banning hate speech. Remember, the Benghazi protests were prompted by this film depicting the prophet Mohammed in not very flattering terms. The equation from the protesters at the US consulate in Benghazi: this film was produced by an American; we will hold America responsible for it.” Earlier, he wrote, “an international norm against hate speech would supply a basis for prohibiting it, the First Amendment notwithstanding.” State Department legal advisor Harold Koh, the former dean of Yale Law School, has also suggested that such international norms provide a justification for restricting such speech.
Similarly, journalists and a professor argued that the film’s producer should be prosecuted. The professor’s USA Today op-ed is entitled “Why Sam Bacile Deserves Arrest.” Law professor Eugene Volokh quotes them as follows:
[Professor Anthea Butler of the University of Pennsylvania]: “Good Morning. How soon is [producer] Sam Bacile going to be in jail folks? I need him to go now.When Americans die because you are stupid…” “And yes, I know we have First Amendment rights,but if you don’t understand the Religion you hate, STFU about it. . . . people do jail for speech. First Amendment doesn’t cover EVERYTHING a PERSON says.” “[T]he murder of the Ambassador and the employees is wrong, wrong. But Bacile will have to face his actions . . .”
[MSNBC's Mike Barnicle] “Given this supposed minister’s role in last year’s riots in Afghanistan, where people died, and given his apparent or his alleged role in this film, where, not yet nailed down, but at least one American, perhaps the American ambassador is dead, it might be time for the Department of Justice to start viewing his role as an accessory before or after the fact.”
[MSNBC's Donny Deutsch]: “I was thinking the same thing, yeah.”
In reality, the minister that the MSNBC commentators blamed for the film depicting Mohammed does not appear to have been involved in its production, and the attack on our embassy in Libya that left our ambassador and three others dead appears to have been preplanned, and not inspired by recent outrage over the film after it was publicized in the Islamic world.
Nevertheless, prior to the attacks, the U.S. Embassy in Egypt not only condemned speech offensive to Muslims such as the film, but also apologized for the “abuse of free speech” in the United States. “Abuse of free speech” is a phrase used by lawyers and diplomats to mean speech that can be banned as unprotected. For example, many state constitutions contain an “abuse” exception in their free-speech clause. For example, California’s Constitution says, “Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right.” These constitutions were written mostly at an earlier time when free speech was construed narrowly to ban prior restraints on speech (one example of a prior restraint is where a government censor reviews speech before it can be published), but not to prevent criminal punishment after-the-fact for speech deemed “bad” by the legislature. Similarly, in other countries, where freedom of speech is typically narrower than in the United States, legislatures are often authorized to pass legislation prohibiting and punishing “abusive” speech.
This is one of the most amazing developments in my lifetime.
When I was in college and law school, free speech was as close to sacred as a secular society could make it. Free Speech was lauded in terms that would have made patriots blush. Political speech, most of all, was enshrined as the beating heart of all that was good and holy.
Things began to shift with the rise of the racialist left. One of my professor at UCLA School of Law,
Richard Delgado, published a book entitled "Must We Defend Nazis?", where he argued that the answer was no because "racist speech," meaning, eventually, anything that the racialist left disagreed with, was uniquely bad compared to blasphemy, subversion, pro-communist exterminationist rhetoric, etc., etc. (I vaguely remember tht the book was co-written by a feminist, and, so, the feminist hobbyhorse that pornography should be banned as hate-speech against women may have been flogged around the track for a few laps.)
And, now, after 30 years, here we are.