Call for Affirmative Action in Free Speech Rights:

The Archbishop of Canterbury's speech contains a passage that I thought worth quoting separately from my broader discussion below:

The grounds for legal restraint in respect of language and behaviour offensive to religious believers are pretty clear: the intention to limit or damage a believer's freedom to be visible and audible in the public life of a society is plainly an invasion of what a liberal society ought to be guaranteeing; and the obvious corollary is that the creation of an offence of incitement to religious hatred is a way of avoiding the civil disorder that threatens when a group comes to feel that it has been unjustly excluded. Since the old offence of blasphemy -– as we have seen -– no longer works effectively to do this, there is no real case for its retention. How adequately the new laws will meet the case remains to be seen; I should only want to suggest that the relative power and political access of a group or person laying charges under this legislation might well be a factor in determining what is rightly actionable.

Later on, the Archbishop echoes this legal point (though in a passage that chiefly focuses on moral questions):

The assumption of the naturalness of one's own position is regularly associated with an experience of untroubled or uninterrupted access to the dominant discourse and means of communication in one's society. If I can say what I like, that is because I have the power and status to do so. But that ought to impose the clear duty of considering, when I engage in any kind of debate, the relative position of my opponent or target in terms of their access to this dominant means and style of communication –- the duty which the history of anti-Semitism so clearly shows European Christians neglecting over the centuries. I have intimated that I think the law could and should take this into consideration where 'incitement to hatred' is concerned; but it is again primarily a moral question, the requirement in a just society that all should have the same means to speak for themselves.

Lovely: First, "language and behaviour offensive to religious believers" should be suppressed when they are "inten[ded] to limit or damage a believer's freedom to be visible and audible in the public life of a society" -- and of course the "limit or damage" stems from the message the speech communicates, not just (say) the physical noise created by the speech (which may physically keep people from being "audible"). But, beyond this, whether such "language" is to be punished should turn on "the relative position" of the offended religious believers, presumably relative to the speaker.

So I take it, in a magnanimous gesture, the Bishop of Canterbury would offer himself and his Established church less protection when it criticizes (if it ever does) Islam than Muslims would get when they criticize Anglicanism. But what if a Muslim apostate criticizes or insults (or both) extremist Muslims, or for that matter mainstream conservative Muslims? What if a Muslim criticizes Jews? What if an atheist criticizes Muslims, or vice versa?

And of course, as we know, different groups have different "relative power and political access" in different contexts. In much of America, atheists and even, more broadly, secularists have less power and political access than Christians generally or even conservative evangelical Christians in particular. But in some towns and on many college campuses, the matter might be different. I imagine there are similar differences within England. I take it then that an atheist's "language and behaviour offensive to [conservative evangelical Christians]" would be protected against criminal punishment under the Archbishop's proposed blasphemy law in most places, but not on college campuses where the "relative position[s]" are reversed.

What about "relative power" that stems not from political or financial influence, but from a willingness to use violence? If many critics of Islam are intimidated by the risk of violence from Muslim extremists, does that mean that a Christian's criticism of Islam would be protected because Muslims have more "power" to intimidate stemming from some Muslims' willingness to use violence -- or unprotected because the Muslims have less "political access" than the Christians?

Finally, the Archbishop's proposal gives supposedly low-power groups a quite remarkable sort of power -- the power to use government machinery to suppress "language and behavior offensive" to them, while their adversaries lack this power. How does that change the balance?

A pretty poor proposal, it seems to me, on many levels. But unfortunately it's the sort of poor proposal that many groups find appealing, in particular out of a misguided sympathy for the supposed underdog that leads them to undermine both liberty and equality.

Related Posts (on one page):

  1. Call for Affirmative Action in Free Speech Rights:
  2. Let's Ban "Thoughtless and Cruel" Criticism of Religions:
Kazinski:
It is unseemly for the Archbishop to be speaking out in a public that way. He should put on his burka and remain silent.
1.30.2008 1:20am
wisconsindoug (mail):
Is it any wonder that the Anglican communion is splitting into a conservative and liberal camps? It would seem to me that if you are the titular head of a large branch of major world religion, you should strive to gain members. By laying down and asking another world religion to run over you is only going to make you irrelevant. It also seems that the Archbishop does not really understand the role of free speech and the market place of ideas. While I am ranting, this whole idea of "incitement to hatred" is so vague. Who determines this? The person who is most offended? Looks like the reasonable person is on life support
1.30.2008 2:59am
Frater Plotter:
"You have heard that it was said, 'An eye for an eye, and a tooth for a tooth.' But I tell you, do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also. And if someone wants to sue you and take your tunic, let him have your cloak as well." -- Matthew 5:38-40, NIV

The emotional sentiment the Archbishop expresses is quite orthodox. It is utter heresy, however, for a Christian to invite the assailant to strike his brother's cheek, to steal his brother's cloak, to abduct his brother for an extra mile. To accept persecution, even martyrdom, oneself has always been part of Christianity. But to invite violence against others is quite against the Gospel.
1.30.2008 4:47am
kr:
Wouldn't it be fun if we just extended libel laws so that they covered religions? If I want to say something bad about Microsoft that's no true, well, why should that be different?

Of course, since every religion has a monopoly on the truth, I'm sure it would end up in a total mess.
1.30.2008 7:35am
LC (mail):
The reasoning might seem far fetched, but European human rights law is not so hostile to the claim.

In cases such as Pfeifer v. Austria and Von Hannover v. Germany, the European Court of Human Rights has ruled that Article 8 of the ECHR protects inter alia a right to reputation and the right to privacy in public places - a right which the state may have a positive obligation to make effective by forbidding private attacks on reputation and privacy.
For a discussion of the right recognized in the Von Hannover case, see
The American Journal of International Law, Vol. 100, Iss. 1; pg. 196.
The legal hate speech regime established by the international human rights covenants, is also premised on the theory that the emotional impact or even viewpoints based on racial superiority may violate the rights of others. The European Court of Human Rights is apparently of the view that reputation or self esteem is a human right, and once this is conceded, extending the right to religious standing in the public is only the logical step.
1.30.2008 8:17am
mobathome:

What about "relative power" that stems not from political or financial influence, but from a willingness to use violence? If many critics of Islam are intimidated by the risk of violence from Muslim extremists, does that mean that a Christian's criticism of Islam would be protected because Muslims have more "power" to intimidate stemming from some Muslims' willingness to use violence -- or unprotected because the Muslims have less "political access" than the Christians?

It seems that this is what the Archbishop is addressing when he says:

... the creation of an offence of incitement to religious hatred is a way of avoiding the civil disorder that threatens when a group comes to feel that it has been unjustly excluded.
1.30.2008 8:20am
Temp Guest (mail):
Since the ABC is relatively more powerful than me, and since I find his speech offensive, he should just shut up.
1.30.2008 8:21am
PersonFromPorlock:
Somewhere in England, Moloch's last worshipper is calling his solicitor....
1.30.2008 8:43am
Al Maviva (mail):
Britain really is going to dogs rapidly. Literary groups can't even mention the fictional three little pigs, for fear it might upset moose-limbs to even mention the P word, not to mention the B word (Bacon), the H word (Ham), the F word (Fatback), or the C word (Chitlins). It's getting to be similar to that episode of Fawlty Towers, "Shhh... don't mention the Germans."

The most potent form of oppression is the kind of oppression that needs little or no state action to enforce it. When an oppressive speech code can be inflicted on a people, and they internalize it, obviating the need for constant state policing of speech, the people may be considered effectively oppressed.

How to fight it? I'd suggest that the first thing to do is loudly and publicly reject the term "political correctness" any time you hear it. The premise of the whole P.C. outgrowth of (neo-marxist) multiculturalism is that there is such a thing as "incorrect" thoughts and speech. Don't concede them the premise of their argument, because from their it's just a question of what degree of restraint on thought and speech is appropriate. Once you make any kind of speech a crime, all the others are subject to the same regulation. You shouldn't feel compelled to have bad manners personally, but don't assign public moral content to people's 'politically incorrect' exercises of free speech. Reasonable time, manner, place restrictions are probably fine - but regulation of content cannot be allowed to stand. Maybe we need to defend banal jerks like Imus or Ann Coulter, or that charlatan Jesse Jackson. I think we particularly need to defend offensive humor. Satire and ridicule are among the most potent weapons for undercutting the influence of puritans, and multi-culti thought police and extremist Muslims are both different flavors of the same puritanical dish, they just happen to occupy different sides of the Enlightenment. I suppose it also means defending lewd speech too, right up to the line of obscenity. As a libertarian hero of mine once said, more eloquently, 'joke 'em if they can't take a f***.'

Sorry, but there it is. If we don't stake out our free speech territory, and make it clear we're policing the outer bounds of it, those who are looking to infringe on it will set up camp and claim our territory as off-limits, by a kind of public discourse adverse possession.
1.30.2008 8:53am
A.C.:
What about people whose religious ideas are marginal and without power because they are basically idiotic? Or even really, really offensive? Seems to me that one reason a religion might be unpopular is that it pisses off everyone who comes in contact with it.

Should followers of such a religion be allowed to holler "victim" every time someone expresses a natural reaction?
1.30.2008 9:05am
Richard Aubrey (mail):
This isn't charity from a position of power.

This is the Stockholm syndrome, along with the presumption that, eventually, the Muslims will kill their apologists last.
1.30.2008 9:41am
MarkJ (mail):
The good Archbishop's proposal is less an invitation to "civility" and "tolerance" than it is an invitation for long-suffering majorities to ultimately impose Endloesungen on vocal, self-aggrieved minorities and be done with them, once and for all.

This is "The Question That Must Not Be Asked" for multiculturalists:

"What happens when majorities also begin to think of themselves as 'victims' and, in turn, start making their own demands?"
1.30.2008 9:41am
Hoosier:
Al Maviva:

It's "Don't mention the war!" on the episode 'The Germans.'

And the show is called "Farty Towels." At least that's what the road sign said on one episode.

Let's at least get our Sacred Texts right.
1.30.2008 9:48am
Elliot Reed (mail):
I oppose the Archbishop's proposal too, but I do not see why Eugene's comments are supposed to constitute an objection. The Archbishop didn't offer a completely worked-out legal doctrine, complete with statutory text, enacting regulations, and years' worth of interpretative precedent, but why should he be expected to? This sort of "objection" (he didn't respond to my law-professor hypotheticals!) could be raised about any law proposed by a (legal) layperson.
This is "The Question That Must Not Be Asked" for multiculturalists:

"What happens when majorities also begin to think of themselves as 'victims' and, in turn, start making their own demands?"
I presume you mean "what should happen?" That question isn't very complicated: it depends on whether the majorities are actually victims (blacks in South Africa, say) or not. Powerful groups often start to develop a narrative and rhetoric of their own victimhood when their ability to dominate society is challenged, but that doesn't mean they're correct. I may be a politically correct feminist multiculturalist, but this kind of relativism (that everyone who says they're a victim is one) is just silly. The same can be said for the idea that there are no "incorrect" beliefs, btw. Lots of beliefs are incorrect: that that Jews drink the blood of Christian children, that women talk more than men, that 10^0=0. The same can be said of morally incorrect beliefs, which is what the ideas denigrated as "PC" are getting at: e.g., that there's nothing wrong with comments denigrating women.
1.30.2008 10:21am
pst314 (mail):
mobathome: Exactly right. Although if the Archbishop were more honest about Islam he would have written not "when a group comes to feel that it has been unjustly excluded" but instead "when a group comes to feel that it has been prevented from exercising totalitarian power."
1.30.2008 10:30am
pst314 (mail):
Oops. That was supposed to be "when a group comes to feel that it has been prevented from excluding everyone else."
1.30.2008 10:33am
Bpbatista (mail):
Another step in the decline of the West, in general, and the Church of England, in particular.
1.30.2008 11:01am
A.C.:
Forget Islam for a minute. How does the bishop's doctrine suggest that people deal with Scientology? Or some crazy millenial cult that consists of twelve people meeting in someone's living room? Voodoo? Animal sacrifice? Does he have any idea what size can of worms he's opening?
1.30.2008 11:20am
Kazinski:
The three little pigs may well be offensive to some muslims, but not nearly as offensive as homosexuals are. It has already been established that Christians may not invoke biblical prohibitions on homosexual behavior in public in Britain or Canada. I can't wait til the Koranic lobby runs up against the gay lobby.
1.30.2008 11:49am
ys:

I can't wait til the Koranic lobby runs up against the gay lobby.

This already happened in the Netherlands and the gay guy lost. Of course a non-gay guy also lost.
1.30.2008 12:05pm
sbron:
Bizzare -- isn't this the same thing Herbert Marcuse said in "Repressive Tolerance"? Hard to think of Marcuse and the Anglican Church being on the same page. See below


The uncertainty of chance in this distinction does not cancel the historical objectivity, but it necessitates freedom of thought and expression as preconditions of finding the way to freedom--it necessitates tolerance. However, this tolerance cannot be indiscriminate and equal with respect to the contents of expression, neither in word nor in deed; it cannot protect false words and wrong deeds which demonstrate that they contradict and counteract the' possibilities of liberation. Such indiscriminate tolerance is justified in harmless debates, in conversation, in academic discussion; it is indispensable in the scientific enterprise, in private religion. But society cannot be indiscriminate where the pacification of existence, where freedom and happiness themselves are at stake: here, certain things cannot be said, certain ideas cannot be expressed, certain policies cannot be proposed, certain behavior cannot be permitted without making tolerance an instrument for the continuation of servitude.
1.30.2008 12:09pm
Andy Freeman (mail):
> I can't wait til the Koranic lobby runs up against the gay lobby.

What makes you think that the US gay lobby will behave any differently than the Euro gay lobby?

The gay lobby will continue to ignore the Koranic lobby and continue with their current campaigns.

When we start seeing attacks, we'll see folks telling us that it's not that bad and others will complain that they aren't being protected, but won't mention their attackers.
1.30.2008 12:09pm
Eugene Volokh (www):
A.C.: Does "some crazy millenial cult that consists of twelve people meeting in someone's living room" refer to what I think it refers to?
1.30.2008 12:28pm
Bill Poser (mail) (www):

Wouldn't it be fun if we just extended libel laws so that they covered religions? If I want to say something bad about Microsoft that's no true, well, why should that be different?

Actually, the situation is much worse than that. Many existing anti-"hate speech" laws, along with these newer proposals, prohibit speech that brings a group into disrepute without regard to truth. Truth is not a defense.
1.30.2008 12:30pm
A.C.:
Eugene Volokh - doesn't refer to anything specific so far as I know. Is it a reference to something I'm unaware of?
1.30.2008 12:52pm
SG:

I should only want to suggest that the relative power and political access of a group or person laying charges under this legislation might well be a factor in determining what is rightly actionable.


I take it that England has no equivalent to Equal Protection clause of the 14th Ammendment?
1.30.2008 1:01pm
Crunchy Frog:
A.C., Professor:

The group that immediately comes to my mind is the Heaven's Gate nutjobs, who all took poison so their souls could go for a ride on the spaceship that was hiding behind some comet (Halley?) that was on its way through the solar system.

I suppose you could stretch the analogy to the Branch Davidians at Waco...
1.30.2008 1:13pm
pmorem (mail):
Ah, seems to me like a good time to suggest converting to Discordianism. Oops, that's a contradiction.
1.30.2008 1:14pm
A.C.:
Crunchy Frog -

Since my last post, the twelve Apostles popped into my mind. Although I wasn't thinking of them when I started this, probably because I always imagine them meeting in the dining room.
1.30.2008 1:27pm
Eugene Volokh (www):
I took the reference to millennialism and twelve people to be a reference to early Christianity (OK, dinner table, not living room), the suggestion being that it's perilous to try to distinguish "genuine religions" from "crazy cults." But I must have been reading too much into this.
1.30.2008 1:30pm
wfjag:

Eugene Volokh:
A.C.: Does "some crazy millenial cult that consists of twelve people meeting in someone's living room" refer to what I think it refers to?


Actually, isn't that the subplot of the movie "Twelve Monkeys" ?
1.30.2008 1:44pm
Richard Gould-Saltman (mail):
Archbishop of Canterbury, eh? Pretty appalling. On the pother hand, I recall we had a revolution, and wrote a Constitution,to be free of his dictates, and the dictates of his like.
1.30.2008 1:45pm
A.C.:
Well, if a group tried to start anything like early Christianity in England nowadays, they'd get called crazy by a lot of people. If their ideas had anything behind them, though, they'd have answers to their critics and eventually expand their numbers (if they wanted to) and acquire some staying power. But if they really were just nuts, the cult would probably be a dead end. (Yes, that one was on purpose.)

Free exchange of ideas about religion, which has to include criticism if it is really free, is the process by which this happens. Banning it or tying it up in red tape just freezes everything where it is now, as if religions didn't grown and change over time.
1.30.2008 1:45pm
Smokey:
This is probably the British government speaking, since the Archbishop of Canterbury is a political appointee. In fact, he is a primate. Might even be my ancestor. But a truly religious person? I doubt it.
1.30.2008 2:03pm
Elliot123 (mail):
"The three little pigs may well be offensive to some muslims, but not nearly as offensive as homosexuals are. It has already been established that Christians may not invoke biblical prohibitions on homosexual behavior in public in Britain or Canada. I can't wait til the Koranic lobby runs up against the gay lobby."

Far more offensive than the pigs or gays is the attitude we see expressed in this thread regarding religion. The worst nightmare for the Islamist is a society which is free to discard religion, and actually mock established religion. They look at all the attitudes which have spread from the West, and find this to be the most dangerous. Sex, drugs, working women - those are all bad, but the freedom to kick religion to the curb is the worst of all. And this isn't just an attitude, it's a right enshrined in our Constitution, and protected by our laws.

They certainly have no love for Christianity, but they see that if the West can discard its traditional religion in favor of other ideas, that could also spread to Muslim societies. As much as they dislike the Israelis, they see Israel as a nation based on religion. They see the West as a monster that has shaken off religion and now threatens all religion.

They would very much like to change the current situation from one of Islamist vs West to Religion vs West.
1.30.2008 4:35pm
wfjag:

A pretty poor proposal, it seems to me, on many levels. But unfortunately it's the sort of poor proposal that many groups find appealing, in particular out of a misguided sympathy for the supposed underdog that leads them to undermine both liberty and equality.


Apparently the Archbishop's statement position is consistent with the law of Hawaii. See "OHA Has a 'Cow' Over Political Cartoon" By Haunani Apoliona, 1/24/2008 12:13:11 PM in the Hawaii Reporter, www.hawaiireporter.com/
1.30.2008 5:46pm
yankev (mail):

I can't wait til the Koranic lobby runs up against the gay lobby.

This already happened in the Netherlands and the gay guy lost.
One is reminded of the cult cartoon Godzilla Meest Bambi. It was a very short cartoon.
1.30.2008 5:49pm
yankev (mail):

isn't this the same thing Herbert Marcuse said in "Repressive Tolerance"? Hard to think of Marcuse and the Anglican Church being on the same page.

When the page says Ignorance is Truth War is Peace Freedom is Slavery its amazing how many otherwise disparate people can be on it.
1.30.2008 5:51pm
ray_g:
"..Heaven's Gate nutjobs, who all took poison so their souls could go for a ride on the spaceship that was hiding behind some comet that was on its way through the solar system."

Nutjobs? As opposed to "..those who think a supernatural entity impregnated a young girl, whose child became a prophet, was executed, then reincarnated, and if you follow that child's teachings, then after you die your soul will go to a paradise"? Sound more nutty to me.

Is the evaluation of "nutty" to either of those beliefs "incitements to religious hatred"? Only to one? Neither? Why? And who decides?

Rather than promote harmony a law about this would just be another weapon for the sides to use in their religious confilicts.
1.30.2008 6:20pm
Randy R. (mail):
" But unfortunately it's the sort of poor proposal that many groups find appealing, in particular out of a misguided sympathy for the supposed underdog that leads them to undermine both liberty and equality."

This, I think, nails it. People want easy answers to complex questions. Christianity has a huge load of baggage to people in Europe -- its been around for about 2000 years, and it was the source of many great things, but also the source of many horrible things, like wars, intolerance and burnings at the stake. Islam simply doesn't have that baggage (though I admit it is quickly gaining some). So people have a natural tendency to think (without necessarily any support), that Islam is the poor put upon religion, and Christianity the big evil one. And if we all just join hands, sip tea, and talk about it, we can work things out.

But of course, some things can't be worked out. What they fail to understand is that it doesn't have to work out -- you merely have to co-exist peacefully. I don't want anyone saying anything hate filled against any religion, but if you do, you have that right -- up to the point you violate criminal laws.

And that, for me, is the crux. This isn't an issue of free speech, but of criminal laws. If the archbishop wants to achieve his goals, then he should seek to allow as much freedom of speech as possible, but let the criminal courts deal with anything that leads to violence.
1.30.2008 7:42pm
ras (mail):
The proposal lets Mr Williams claim to be holier than thou, which is holy enough in itself to some people. All rise.
1.30.2008 11:53pm
A.C.:
God preserve us from a world where it is forbidden to "actually mock established religion." The freedom to do this is essential and nonnegotiable in my mind, regardless of whether we are discussing my religion or someone else's. If that is actually what's riling the Islamists, then I see no basis for coexistence. No compromise is possible there.

Such a position has no inherent relationship with "kicking religion to the curb," much less with drugs. Some people may do all three, but far more seem to do one without the other. Mocking is my preference, but I mean it in a serious way (most of the time). Established religions, especially those that exercise serious secular power, have a tendency to depart from their own ethical teachings. That deserves a bit of mocking.
1.31.2008 12:42pm