"Nobody supports complete freedom of speech"

That's the line that always gets thrown back at libertarians or indeed anyone defending the right to print cartoons that offend some people.  That lack of absolutism in freedom of speech is seen as justification for any exception that anyone wants to claim, which of course means the "right" doesn't exist.

However, the argument that there is no absolute unrestricted right to free speech and so free speech is "up for grabs" is from the same school of thought as those who claim you can't have absolute freedom or anyone can do violence to anyone else.

It's missing the point that the issue is around individual rights, and that restrictions on free speech are not restrictions on individual rights, but the boundaries between individual rights.  It is the same as my right to use my body as I wish, as long as I do not deny that same right to others.  Otherwise I am not asserting an individual right that all people have, but asserting privilege to do as I wish to others that I am not extending to others.

The same applies to the boundaries of free speech.

So what are these boundaries from a libertarian perspective?

No right to use platforms or property owned by others:   You can say, write or produce media if you wish, but you have no right to demand others provide you a platform to do so.  You do not have a right to demand a newspaper print your article, nor do you have a right to be on someone's private property and do as you wish against the wishes of the property owner.  The quid pro quo is that neither does anyone have a right to demand you print their articles, or be on your property and say or distribute content that you disapprove of.   Say what you wish on your own property, say what you wish on your own platform (and bear in mind this means there are no restrictions on who can publish, broadcast or produce content or talk), or as is often the case, obey the rules of someone else's platform.  This also includes accepting the rules of property that you enter.  When you enter a cinema, the classic shouting "fire" is likely to be a rule that would get you ejected from the premises, but also subject you to a lawsuit for the harm done to the owner and the others who acted on the false call.   Free speech, as with all actions are constrained by property rights. 

No right to use the intellectual property of others, without their permission:   Copyright and patents are the cornerstone of many industries and careers.  Those who apply their minds to pens, computers, paintbrushes, musical instruments and even their voices, have the right to own what they produce and to sell the proceeds of the products of their minds.  It is hardly a restriction on your own speech to simply reproduce that of another, if the other's speech is not restricted.

Defamation is about property rights too: Whilst less material, one's reputation is still something that belongs to you and has value, as it affects employment, business and personal relationships.  If someone distributes content that is demonstrably false which seriously diminishes your reputation (i.e. claims of criminal conduct), then there is a right to not only respond with free speech, but to claim financial damages for the harm done.  This does not prohibit such speech, but means that the damage done due to such speech can be claimed.

Censorship of recordings of crimes against the person:  There is no justification for restricting written, drawn, painted or virtual depictions of any events, as this is a creative endeavour that involve no person other than the creator/producer.  By contrast deliberate video, still or audio recordings of actual violent or sexual crimes being committed (recording made with the knowledge the crime would be committed, rather than security cameras incidentally recording the commission of a crime), are a part of the actual offence, as the person who made the recording is an accessory to it.  In such cases, such recordings should be the property of the victim, and can be used as evidence of the original crime, or treated as the victim wishes.  If the victim is not identified, the recordings are evidence of a crime and should be treated as such, until the victim is identified and can specify the fate of the recording.  This is how so-called "snuff" films, child pornography and recordings of actual rapes should be treated, as they are extensions of the actual crime.  Recordings of any other legal behaviour, regardless of it being sexually explicit, including simulated crimes, are different, as these are not crimes.  Recordings of acts without the consent of those involved could be considered violations of property rights (if the recording is undertaken without the consent of the owner or person with licence to occupy the property from the owner) or, if the other party or parties are aware of the recording, as void consent (consent obtained under objectively fraudulent circumstances). 

Prohibitions against threats are an extension of the crimes that are being threatened:  A threat to commit a crime against another is a crime, it is the possible step before the attempt to commit a crime.  The threat is itself an initiation of force, as it may result in the victim responding in submission to the threat.   In this case the speech is an initiation of force that denies the right of the recipient to live in peace.  This does not change if it is a group of individuals making threats to a single or a group of individuals, in other words it covers true hate speech, being the use of speech to threaten violence.

Fraud:  You can make statements that are false, or false claims, or lie about the contract that you are making with another party, but all of these can be subject to criminal and/or civil action for fraud.  This is, in effect, another form of initiating force, for it leads people to enter into contracts, exchanging value, on the basis of a lie, so that value is not exchanged on the basis upon which it was originally agreed. 

In all of these cases of limitations on free speech, the limitation is a demarcation of the boundaries between  the same rights held by all individuals concerned, whether they be property rights or the right to decide what one does with one's own body (recording violations or obtaining consent fraudulently being the violations).  They are not limitations based on a party being offended or in some statist definition of protecting public morals.

So no, those of us who argue for unrestricted free speech are not hypocrites when these limitations which are consistent with individual rights are quoted as the boundaries to free speech.  That is why those arguing for free speech, but also supporting "hate speech" laws fall victim to the claims by Islamists that insulting "the prophet" is "hate speech" because Islamists consider "insulting  the prophet" to be a greater offence than "hate speech" towards Muslims.

Do those of us arguing for free speech say everyone should be offensive to everyone else? No.  It is neither rational nor intelligent nor even ethical to be a whimsical vulgarian, but if it does not infringe upon the rights of others, then it is not the role of the state to use force to control it.

Within this is the right to insult any philosophy, whether based on religion or based on a this-wordly set of beliefs, regardless of how rational or whimsical they are.  It includes the right to insult any art, any speech, any person, and to praise as well.  Yes, it means that frequently you'll be offended, as will I, probably about different things, different words, images or sounds.   

However, it is only through free speech that human beings can learn from each other, can apply their minds to the full evidence of expressions from each other and respond accordingly, with speech or actions.  The right to free speech is the most fundamental egalitarian right that there is, for it is a statement that no power has the right to use force to close your voice, no power knows better than you as to what words, sounds, images and objects you can see and interpret and the sole limit on this is when your production or consumption of speech violates another.

Sky News UK shuts down journalist for trying to show Charlie Hebdo image

Those of us with libertarian/small government leanings have tended to think of Sky News more positively than other UK television news outlets.  The "pay the TV licence or be prosecuted" BBC has long had a reputation for being statist and left-leaning, and state-owned, but commercial Channel 4 is not much better.  ITV News has tended to be less that way. However, Sky News was always thought as being a bit more (if less well resourced) towards the so-called "right", and more challenging of the "what's the Government going to do about it.." narrative that is the default for interviews from so many other journalists.

No more.  Whilst the BBC chose to briefly show the cover of the Charlie Hebdo commemorative edition this week on its 10.30pm Newsnight programme, Sky News (as a rolling news channel) has repeatedly stated that it has made an editorial decision to not show the image on the cover of Charlie Hebdo, seen on the right here.  

 

Of course Sky News, as a privately owned, commercial broadcaster, has every right to make editorial decisions to not show content if it so wishes.  In the grand Voltairean tradition, I respect and would wholeheartedly defend this right, even if, as I do in this case, vehemently oppose the decision itself.  

However, what happened yesterday evening (Wednesday 14 January) on Sky News was rather more disturbing and offensive, as it consisted of shutting down the interview and the attempt by a French journalist Caroline Fourest.  It had shades of an embarrassed state broadcaster under an authoritarian regime that suddenly had to switch from something embarrassing. The Guido Fawkes blog has the video which I repeat below

Caroline Fourest was displaying, quite correctly, the disappointment and barely veiled contempt for British journalists (as none of the national newspapers have printed the cover on their covers, a couple have printed versions as large as the one above) for not actually standing up for French journalism.  They say #JeSuisCharlie as a hashtag, but none have the courage of Charlie Hebdo.  

Furthermore, Sky News apologises for an "offence caused" by the split second showing of the image, but is completely uninterested in the offence caused to thousands of viewers who are not Islamists, because Sky News insults their intelligence or emotional stability in not being able to handle seeing it.

It is as if it equates showing the image with an endorsement of the content of the image, rather than showing the image in the context of the news item being discussed.   Sky News readily shows clips from ISIS or Al Qaeda videos, but nobody assumes it does this as an endorsement of what is being said.  Sky also regularly shows content that "some viewers may find distressing" or "offensive" involving corpses, the badly injured or distressed.  Real people suffering, which some call "war porn" or "disaster porn".  It isn't difficult to see why it is offensive to some to repeat video footage of the last moments of someone's life, but Sky does it, as it is part of a story with the implication that it should be stopped or relief provided to those suffering.

Yet Sky News has decided not to show the image at all, even with a warning.  Why?  Well Sky wont say,  but there are three most rational conclusions:

1.  Fear of reprisals:  If Sky News genuinely feared its staff would be targeted if it showed the image, then it should say so.  Would it imply that security is not sufficient to protect them?  Perhaps.  Would it imply that the Police have indicated they would not be responsible for protecting them?  If so, we should know this.  Would it indicate that media outlets in the UK may be self-censoring because UK based Islamists are threatening and bullying them?  If so, we also should know this, because it indicates that the claims made by David Cameron that broadcasters should feel free to show or not show what they wish, within the law, as rather empty.  If our media feels at risk from offending Islamists, what next?  It means we are on a slippery slope and the Government's attention needs to shift from talk of passing new laws, to actively protecting those wishing to exercise free speech.

2. Empathy with the "offended":  The least likely, but most disturbing interpretation is that Sky News has  "agreed" the images of the Prophet Muhammed are offensive, and that it is more important to not offend a sub-set of Muslim viewers, than to not offend those who consider the self-censorship to be disgusting or childish.  In short, it would mean Sky News has taken the side of the Islamists, implying all Muslims would be offended, and their offence is worth more than mine.

3. It's not newsworthy: Sky News may have decided that the publication of Charlie Hebdo isn't important, against queues at hospital A & E, energy policy, prospective party leader debates on TV etc.  This would be just fine, there is a lot of news broadcasters don't cover because time is limited.  However, this isn't credible given  the extensive coverage given including correspondents in Paris and of course the offending interview with a French journalist. 

Of course there is a fourth conclusion, which I believe is the most likely.  A panicked, confused and kneejerk reaction has been made based on:

- Copying what other UK broadcasters and print media have done, as a default;

- Fear of reprisals expressed by some staff;

- Some commercial concern that by allowing the image to be shown, it would face viewer or even advertiser boycotts (which is dubious, indeed the opposite reaction could be true);

- A decision that SkyNews did not want to be "the news story itself" by being the only broadcaster in the UK to show it (even though half of UK households have access to multiple TV news channels from many countries, some of which have shown it).

Sky will, I suspect, stick to this line, unless a growing number of viewers and high profile figures demand it apologise for the offence caused by its self-censorship.

In one move Sky has:

- Offended non-Islamists who, as adults (and indeed children as well) can judge for themselves if the benign comic image above is offensive or not.  Instead Sky has judged for them;

- Offended Muslims who do not hold to the theological position that any drawing of Mohammed is offensive.  Sky has presumed to know best for them;

- Demonstrated that it is not, by any means, able to say Je Suis Charlie.  It does not uphold standards of journalistic freedom or courage.  

Notably, broadcaster Iain Dale on Sky News, as a regularly commentator in a review of the next day's newspapers, noted that Sky News is a large organisation, capable of defending itself, by contrast to the small independent newsagents around Britain and in France, who are stocking Charlie Hebdo, at some risk to their own lives and livelihoods.   Watch his response here:

Sky News has disgraced its reputation, has shown itself to be meek, timid and either easily intimidated, or simply appeasers of those who want Islamist blasphemy law to apply in the UK.

It doesn't show solidarity with journalists in France, or journalists that are anywhere taking on those who wish to kill them for reporting that which offends those who want power over our lives.  It shows a muddled, pablum like complacency, sitting with the mediocre, middle ground of "let's talk a lot about it, but don't rock the boat in case we get called names or threatened".

Let's be very clear.  Sky News has taken sides.

The side it has taken is not one against laws of blasphemy, it is not one against religions censoring that which they find offensive, it is not one of solidarity with Charlie Hebdo, journalists who confront state or clerical censorship or threats of violence in doing their jobs.  It is not one with the vast majority of their viewers who are not Islamists, nor is it with those offended by the infantile treatment of a benign image.

It's not to side with freedom, an unalloyed defence of Western civilisation and the right for full, free and frank debate.  It's to side with fear, appeasement and to follow "the group", moreover it is, regardless of intent, to side with those who demand that Islamist definitions of blasphemy be followed in editorial decisions. 

and broadcasters wonder sometimes why they are losing audiences...

UPDATE:  Nick Cohen in the Spectator has another excellent take on this issue.

The left has been guilty of attacking free speech, says the left

Leigh Phillips on Ricochet writes a powerful, if avowedly leftwing defence of free speech and goes on the attack at what he calls the "anglophone left" for calling Charlie Hebdo "racist", clearly showing that those who repeat this call don't understand French, which of course is a form of what some on the left might call "neo-cultural imperialism":

The last few days have been a humiliation for the anglophone left, showcasing to the world how poor our ability to translate is these days, as so many people have posted cartoons on social media that they found trawling Google Images as evidence of Charlie Hebdo’s “obvious racism,” only to be told by French speakers how, when translated and put into context, these cartoons actually are explicitly anti-racist or mocking of racists and fascists.

Now I would argue vehemently that the left has a strong history of sympathising with those who support censorship, including soft peddling many regimes that would imprison or murder those who expressed political dissent.  Given its strong support for state solutions to most problems or support for so-called "direct action" (a euphemism for vandalism, trespass, intimidation and threats of violence), it is consistent to support wanting to close down debate,  but Phillips seems to get it:

There is a worrying trend on the left to dismiss freedom of expression as part of the colonialist project, to repudiate free speech as a meaningless elite piety. In recent years, the liberal-left, particularly in the anglophone world, has taken to demanding the censorship of “offensive” or “triggering” speech, and student unions, theatres, universities, schools, municipalities, art galleries and other public venues have increasingly shut down a wide range of speech acts. Even many traditional civil liberties groups appear to be cowed. Demonstrators go beyond protesting those they oppose, and now try to actively prevent them from speaking, as in the case of efforts to disinvite Bill Maher from UC Berkeley last year — ironically during the 50th anniversary of the Berkeley Free Speech Movement protests. In 2014 in the United States, campus protesters prevented commencement addresses by former secretary of state Condoleezza Rice, attorney general Eric Holder, and IMF head Christine Lagarde. According to campus free speech group FIRE, 39 protests have led to the cancellation of protested events on campuses since 2009. All this is contrary to traditional leftist defence of freedom of speech and must be strongly opposed. The politics of the speaker should make no difference here.

 We counter bad arguments with good ones. The minute that we begin embracing censorship, it will be our own ideas that sooner rather than later will be deleted by the censors. And the irony is that while these calls to censorship frequently come from the “social justice left,” it is precisely as a result of the liberal foundation of freedom of expression that the women’s movement, the civil rights struggle and gay liberation have achieved all that they have.

The difficult Phillips has is the intellectual tradition he is aligned to has a firm belief in the control of language to control people and behaviour.  It has used the words "racist" "sexist" and now "Islamophobic" as a catch-cry for "shut up, your opinion is worthless, go away and be grateful we can't lock you up".  Those who criticise this get thrown the same word, because the "liberal" left thinks it has a monopoly on morality.

In actual fact it has embraced a form of collective group-think that those who lived under China's Cultural Revolution or the totalitarian Soviet satellite states in eastern Europe would recognise instantly.  It is why the term "politically correct" has been coined, albeit it too has been overused by some on the right to conceal their own bigotry.

Critics are labelled and consigned to the dustbin with that label, and there is a refusal to engage, and the most recent usage of the "check your privilege" claim is a way of focusing not on the content of speech, but on the background of the person speaking.   This, of course, is exactly what umpteen totalitarian regimes have done and still do.

I fear that the likelihood of the left in the English speaking world accepting free speech for those that reject many of its arguments, is not great.  The desire to restrict, regulate and control many aspects of people's lives, of businesses and to spend their money, runs through so much of what is advocated.  If you are going to continue to ban "hate speech", then you are going to continue to place free speech vulnerable to wider demands as to what is "hate".  After all, how many on the left would ban "hate speech" based on professions? i.e. banning vilification of say, bankers.

Muslim Mayor of Rotterdam: If you hate freedom, leave

The Mayor of Rotterdam, Ahmed Aboutaleb was born in Morocco. He is a Muslim, and he has said that if Muslims in the Netherlands don't like freedom, including the right to free speech that allows people to offend them, they can "fuck off".

He is quoted as saying:

It is incomprehensible that you can turn against freedom… But if you don’t like freedom, for heaven’s sake pack your bags and leave.... There may be a place in the world where you can be yourself, be honest with yourself and do not go and kill innocent journalists. And if you do not like it here because humorists you do not like make a newspaper, may I then say you can f*** off...This is stupid, this so incomprehensible. Vanish from the Netherlands if you cannot find your place here. All those well-meaning Muslims here will now be stared at

He is standing up for freedom of speech in the Netherlands, and more importantly that Muslims who do embrace and tolerate free speech do not welcome Islamists. 

How refreshing, how clear and what a positive assertion of belief in Enlightenment values and free speech, from a man who as an immigrant, and a Muslim, embraces those values and seeks the same from all others in his city.

Sadly, i's only through the irrational, toxic prism of identity politics that means that when he says the same thing as say, the late Pim Fortuyn (a gay libertarian who was murdered by an environmentalist terrorist),it's "ok".

It's "ok" because the leftist structuralist identity politics philosophy that dominate the mainstream media and universities states that the actual content of communications is not what determines their meaning and intent, but the identity of the person making it.  That identity determines if a person is one of power (i.e. male of European descent, of Christian/Jewish or atheist belief and heterosexual and able-bodied), then their views are automatically deemed to be about "consolidating power" which in the perverse zero-sum world of the structuralists, is only gained by "oppressing the vulnerable".

In short, had the Mayor of Rotterdam been a Christian Dutch man, he would have been branded Islamophobic and racist, because it would have been presumed that you can only tell people to leave if you are bigoted against characteristics they hold inherently, not their views.

Regardless, the view he expresses should be echoed by the leaders of all Western countries.  It should be an unequivocal call that all residents who don't like the values of Western civilisation should either live in peace, or go.

Oh and he's a member of the Dutch Labour Party.  Imagine a leading politician from the UK, Australian and New Zealand equivalent parties standing up for enlightenment values in such an unequivocally forthright and brave manner.

How's that belief in free speech going then?

Whilst many of us took heart from the 1.5 million + who turned up in Paris in defiance of the Islamist thugs, the following also happened:

- Over 2,000 dead in Nigeria, as Islamist terror group Boko Haram goes on a pogrom against those who resist it in one town. The five-year insurgency killed more than 10,000 people last year alone, according to the Washington-based Council on Foreign Relations.   Nigeria is increasingly losing the battle against the group, meanwhile Michelle Obama presumably thinks she has done enough by endorsing the hashtag #bringbackourgirls

- Brunei introduces the death penalty for blasphemy and apostasy from April and expect absolutely no diplomatic or trade reprisals.

- Saudi Arabia inflicts 50 lashes on a blogger for blasphemy and its ambassador to France had the audacity to turn up to the Paris "Je Suis Charlie" rally on Sunday.  Again, expect no serious diplomatic or trade reprisals.

- ex. quasi-dictator of Malaysia, Mahathir Mohamad blames the Charlie Hebdo cartoonists for provocation saying "we respect their religion".  No you don't you prick, they were atheists.

- In Egypt, the government imprisons student Karim al-Banna for three years for saying on Facebook that he is an atheist.   You thought the Muslim Brotherhood had been ousted didn't you? "Al-Banna's father testified against his son saying "[he] was embracing extremist ideas against Islam. Al-Banna had been facing neighbourhood harassment ever since his name had appeared in a local daily under a list of atheists". Remember, Barack Obama who offered his "support" for free speech, runs a government which gives the Egyptian Government billions of dollars in aid.