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January 30, 2004
The line of free speech
Editor
The editor of the Miracle, a Muslim newspaper that published
an alarming anti-Semitic article last month, has apologized to the
Jewish community. A front-page apology ran in the latest issue of
the Delta-based weekly for a reprinted screed by Edgar Steele, an
Idaho white supremacist.
But in letters to the Bulletin and the Vancouver Sun,
published about the same time as the apology, Miracle editor
Nusrat Hussain offered a free-speech defence for the article and
criticized Canadian Jewish Congress, Pacific Region whose
complaint resulted in a police investigation by the British Columbia
Hate Crime Team for going the legal route instead of discussing
the issues intellectually.
Hussain argued that past controversial opinions in his paper "helped
in introducing some fresh air, when responded to intellectually
by our readers and the editors." In an apparent reference to
laws that restrict completely unfettered free speech, he added:
"The rule for the war-game of words restricts the players on
the battlefield of media to exposing the liar, which could be Steele
in this case. It is unfair to use other tactics to suffocate the
truth-teller. It is here that I rest my case for freedom of speech."
This is an attitude with which we usually concur. Talking is better
than litigating, in most cases. Bad ideas deserve to be debunked,
not banned. Legislation that restricts free expression always seems
like a shockingly blunt instrument, especially in a society like
Canada's, where compromise and soft voices are national traits.
Hussain correctly acknowledges that the rights of free expression
are not absolute in Canada and we might join him in future discussions
over where such limitations could justly to be drawn. But legal
limitations on speech do exist. We may disagree with them, as we
occasionally disagree with various laws promulgated on us by our
governments, but that doesn't mean these laws do not apply to us.
Just as doctors, restaurants and car dealers are subject to laws
governing the way they manage their affairs, newspapers like ours
are forced to operate within legal boundaries with which we may
not always agree.
Canadian Jewish Congress, Pacific Region, opted to complain to legal
authorities over the content of the Miracle article, as is
their right a right Hussain acknowledged in the Bulletin
last week.
As journalists, our natural instinct is to accept Hussain's invitation
to debate, rather than to support Congress's legal approach. But
how does one begin to intellectually approach the vast list of outlandish
Jew-bashing myths spewed out in an article like Steele's "It
wasn't Arabs"?
Do we begin by meticulously disputing his assertion that it was
Jews who destroyed the World Trade Centre? Do we lay out a logical,
well-documented argument about why Jews could not possibly have
been the instigators of the first and second world wars? Do we investigate
the veracity of Steele's allegation that "jews" threatened
to kill his wife and fill his e-mail box with spam? Do we return
to the Warren report to argue that it was not, in fact, "the
jews" who killed John F. Kennedy? Do we analyze immigration
and drug trafficking statistics to refute Steele's allegation that
Jews are responsible for "importing " large populations
of "Somalians and Bantus" to America along with "tons
of drugs"? Do we dignify the accusation that the Holocaust
was exaggerated and used by Jews to garner sympathy, that Anne Frank's
diary is a forgery and that photos of crematoria were doctored to
appear to be belching smoke?
In each case, arguing these accusations "intellectually"
is a preposterous demand. The litany of accusations against Jewish
people in Steele's article is so outrageous that one may be tempted
to laugh, or to cry, but engaging in a rational discussion is impossible.
Ever since democratic values and the concept of individual rights
gained credence in the French and American revolutions, scholars
and philosophers have considered whether there should be limitations
on a person's freedoms. As a society, we have determined that there
should be some restrictions, but their extent is still the topic
of debate. In determining the limits, we acknowledge that the intent
of the speaker (or writer) needs to be considered. Some verifiable,
if debatable, facts are probably needed as well.
So when a plethora of old and new racist falsehoods written by an
anti-Semite are offered up, is it any surprise that someone would
not see discussion as constructive and would turn instead to legal
remedies? Thoughtful people are prepared to discuss almost any issue
but there needs to be a foundation of truth. This is something Steele's
article lacks. This is why the invitiation to "intellectully"
debate it is so ridiculous.
^TOP
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