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):
- Call for Affirmative Action in Free Speech Rights:
- Let's Ban "Thoughtless and Cruel" Criticism of Religions:
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.
Of course, since every religion has a monopoly on the truth, I'm sure it would end up in a total mess.
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.
It seems that this is what the Archbishop is addressing when he says:
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.
Should followers of such a religion be allowed to holler "victim" every time someone expresses a natural reaction?
This is the Stockholm syndrome, along with the presumption that, eventually, the Muslims will kill their apologists last.
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?"
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.
This already happened in the Netherlands and the gay guy lost. Of course a non-gay guy also lost.
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.
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.
I take it that England has no equivalent to Equal Protection clause of the 14th Ammendment?
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...
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.
Actually, isn't that the subplot of the movie "Twelve Monkeys" ?
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.
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.
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/
When the page says Ignorance is Truth War is Peace Freedom is Slavery its amazing how many otherwise disparate people can be on it.
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.
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.
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.