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The collapse of free speech

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C C Offline
http://online.wsj.com/articles/no-offens...1414783663

[...] We knew soon enough that it was true. The literary, media and political worlds rallied in defense of Mr. [Salman] Rushdie. He became a hero of free speech and a symbol—even if a slightly ambivalent postcolonial one—of Western liberal traditions. But he also went, very sensibly, behind a curtain of security that was to last many years.

And by degrees—when it seemed that not only Mr. Rushdie’s life but the lives of his publishers, editors and translators might be threatened—his base of support in the literary world thinned out. Sensitive intellectuals discovered that, in a multicultural world, respect for the Other meant understanding his traditions too, and these often were, well, sterner than ours. Freedom of speech was only one value to be set against…ahem, several other values. Fear, cowardice and rationalization spread outward.

Twenty-five years later, we can look back on a long series of similar events, including: the 2002 anti-Christian riots in Nigeria, in which more than 200 people were killed because a local tabloid had facetiously suggested that Miss World contestants would make suitable brides for Muhammad; the 2004 murder of the Dutch filmmaker Theo van Gogh for his movie “Submission,” in which passages from the Quran were printed on women’s bodies; the riots in Denmark and throughout the Middle East in 2005 in response to the publication of cartoons of Muhammad by a Danish magazine; the murder threats against Dutch politician Geert Wilders for his 2008 film “Fitna,” which interleaved passages from the Quran with clips of jihadist violence.

These events were threats to free speech, however, not only in themselves but also because they intimidated people and private organizations and gave governments an excuse to restrict free media. Over time, they encouraged others who had no interest in Islam whatsoever—from wealthy individuals to “dissident” minorities to democratic politicians—to try their hand at silencing opponents. Almost no newspapers published the Muhammad cartoons, for instance, though the story of them dominated the international media for weeks. Yale University Press especially distinguished itself by publishing a major study of the controversy in 2009—without the actual drawings.

Governments began to treat those threatened for their opinions almost as harshly as those attacking them...

[...] Admittedly, it is difficult to draw a clear line between criticism of an Islamic belief and an attack on Muslims who believe it. If you denounce a belief as absurd, you are implicitly criticizing the believers as credulous fools. Christians have to endure explicit denunciations of their faith all the time from such writers as Richard Dawkins and Sam Harris. And so they should. If you can’t stand the heat, don’t listen to hellfire sermons from atheists.

Hearing criticisms of your own convictions and learning the beliefs of others are training for life in a multifaith society. Preventing open debate means that all believers, including atheists, remain in the prison of unconsidered opinion. The right to be offended, which is the other side of free speech, is therefore a genuine right. True belief and honest doubt are both impossible without it.

It isn’t just some Muslims who want the false comfort of censoring disagreeable opinions. Far from it. Gays, Christians, feminists, patriots, foreign despots, ethnic activists—or organizations claiming to speak for them—are among the many groups seeking relief from the criticism of others through the courts, the legislatures and the public square.

England’s libel laws—long a scandalous system for enabling the rich to suppress their scandals—now have imitations in Europe and the U.S. In May 2014, the European Court of Justice created “the right to be forgotten,” enabling those with ugly pasts—a fraudster, a failed politician, an anti-Muslim bigot perhaps—to delete their crimes, misdemeanors and embarrassments from Internet records so that search engines cannot find them.

Surely such things can’t happen in the land of the First Amendment? Not in quite the same way, perhaps, but a libel suit brought by the climatologist Michael Mann against the opinion writer Mark Steyn, National Review magazine (with which I am affiliated) and the Competitive Enterprise Institute for their criticism of his temperature projections still poses a chilling threat to free speech and scientific debate. Even if the case is ultimately resolved in favor of Mr. Mann’s critics, they will have suffered a considerable loss in time and money. “The process is the punishment,” Mr. Steyn has said of such trials. It is also a deterrent to future critics.

Nor are conservatives free from sin on this issue. In recent years, their attacks on free expression in the U.S. have generally been prompted by a philistine discomfort with provocative art, from the “Sensation” exhibition at the Brooklyn Museum in 1999 to the more recent flap over “The Death of Klinghoffer” at New York’s Metropolitan Opera....


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