quote:
Originally posted by Forumsdwarf:
<STRONG>I trust "thought crimes" are an acceptable synonym to "hate crimes"?</STRONG>
They're very distinct actually, and though some would argue that hate crimes laws are thought crime laws, they're making a very substantial rhetorical leap. "Thought crimes" is a reference to George Orwell's Nineteen Eighty-Four, in which it is a thoughtcrime to not even say certain things, not even do certain things, but merely to think certain things is punishable in and itself. "Hate crimes" is completely different -- it refers to an existing crime for which, after conviction, the sentence is increased due to the aggravating factor that the victim was intentionally targeted not out of a personal hatred or randomness or greed, but due to the victim's identification with a certain group, be it race, gender, or sexual orientation.
If it's a crime to think about swastikas, that is thought crime.
If it's a crime to spray paint swastikas on pieces of fabric and fly them in public, it's censorship.
If it's a crime to vandalize the front door of a Jewish family with spray painted swastikas, or a black family with a spray painted noose, and those crimes are treated as more severe than just spray painting your name in the same place, it's a hate crime.
Indeed, if Ezra Levant were to use the words "hate crime" in the quote you give, he would be very wrong; the United States has many hate crime laws. They do not cover speaking out in public to incite hatred, however -- speaking in public is not a crime, so there's nothing to be aggrivated.
Hate crimes usually entail extra long prison sentences and public condemnation. Censorship laws, at least in non-dictatorships, are generally much less heavy handed. If a censorship law was under hate crimes code, it would imply a very brutal level of censorship, especially if it were a hate crime merely to present a criticism of another religion.
quote:
Originally posted by Forumsdwarf:
<STRONG>Censored is censored whether it happened in court or tribunal. Either way the means don't justify the ends.</STRONG>
Agreed, but it is not censored if the speech is not restricted. Until a decision is made by the tribunal, or if the CHRC demands so beforehand (which they have not in the Maclean's case), no such restriction is in place. While being investigated, Ezra Levant continued to publish the cartoons on his web site without punishment; while being investigated, Maclean's has continued to publish the articles under contention online, and indeed, I've read Mark Steyn's article that caused this whole debacle on their website. No restriction on speech is in play yet.
Edit: To clarify, the "Supreme Court" the quotation that follows refers to is the United States Supreme Court, not the Canadian Supreme Court.
quote:
Oxford University Press:
<STRONG>The Supreme Court has found censorship to be an especially intolerable restriction on freedom of expression. The term censorship might encompass almost any restriction on the dissemination or content of expression, but most fundamentally it means prior restraint—any government scheme for screening either who may speak or the content of what people wish to say before the utterance. Although the Court has never held prior restraint to be inherently unconstitutional, it has emphasized that “any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity” (Bantam Books, Inc. v. Sullivan 1963, p. 70)....
In recent years, spirited scholarly debate has arisen over the question of whether the evil of prior restraint might be overstated. Some have argued that judicially imposed restraints are less serious than administrative censorship, that freedom of expression may be served better by the use of prior restraint than by severely punishing expression after the fact. Fear of severe subsequent punishment, they assert, may have a far greater “chilling effect” on speech than narrowly focused, judicially supervised prior restraint.
The Supreme Court appears thus far not to have been swayed by such argument. It appears to remain committed to the view that censorship, whether imposed by administrators or by judges, is presumptively unconstitutional and the most deplorable way of restricting freedom of expression.</STRONG>
Note the distinction that is made by the US Supreme Court between post-speech punishment and prior restraint when concerning the constitutionality of censorship. The US Supreme Court would be extremely unlikely to hold legal defense fees alone to be a great burden on free speech; but they would very likely hold the cease and desist order that follows this under section 13 to be unconstitutional.
quote:
Originally posted by Forumsdwarf:
<STRONG>Sound familiar?</STRONG>
Familiarly horrible. I would not have made this comparison because I didn't know Ezra made such false arguments. It's no greater of a complement to him that he said it than it is to you.
quote:
Originally posted by Forumsdwarf:
<STRONG>And if you don't pay you do hard time.</STRONG>
That extension of his argument would never fly in a court of law, which is probably why doesn't make it. You could falsely argue that every crime is punishable by a life sentence. After all, if they order you to do community service for littering, and you don't show up, they might fine you, if you don't pay the fine, they take you to jail, you resist arrest and then escape from prison (because the law was wrong and they're infringing your rights!), next thing you know you're on a life sentence in a maximum security prison... "for littering". But that's nonsense. You can't take it to even one step. Any court will uphold the legality of applying a stricter punishment if you simply refuse to obey the lighter one, as long as the lighter one was appropriate. The crime is not the original crime anymore, your problem at that point is that you have flagrantly defied the judicial system.
quote:
Originally posted by Forumsdwarf:
<STRONG>Ezra Levant mentions Lemire.</STRONG>
And he does so in a way that I agree with. Similarly, he qualifies his support to be limited to Lemire's free speech activism, just as my comparison is and always was (even if you read the original post!) a qualified comparison to his arguments in his fight with the human rights commissions. The only time I've mentioned his other propaganda specifically was as trivia, when I linked his site.
Edit 2: Clarification: I'm specifically referring to my description or comparison to his white nationalist arguments/propaganda, which would not have been relevant. I certainly called him a neo-Nazi with a chip on his shoulder over his site getting hit, but the comparison was with his arguments over free speech, in which he sounds like he's hyperventilating behind the keyboard sometimes.
quote:
Originally posted by Forumsdwarf:
<STRONG>Something I definitely got wrong: I thought Ezra Levant was completely off the hook. Levant is still in kangaroo court.</STRONG>
I believe that he may be under pressure under provincial laws similar to section 13, but not on the federal level. I haven't looked into it.
quote:
Originally posted by Forumsdwarf:
<STRONG>... the process has become the punishment.
... That's what censorship and fascism and government political correctness looks like in the 21st century.</STRONG>
I'm specifically looking for an argument that the process of defense constitutes censorship in and of itself, which is what you've attributed to him. This doesn't say that -- it shows that he's calling the action under the law censorship (agreed) and that he feels that being forced to defend himself constitutes punishment (reasonable). But he's not saying here that the punishment of defending himself is the censorship he's referring to, as opposed to the perfectly correct suggestion that if the tribunal rules against him, he will be subjected to censorship. To merge these two statements the way you're implying takes two otherwise reasonable arguments and merges them in a way that produces an unreasonable and false result.
I'm also looking for a link, actually, not just an unattributed quote, because I want to see the context and the substance of his argument. I've tried googling this, but there are no matches for the exact quotes.
What I do know that Ezra Levant has argued is that the law does not authorize the prosecution of his case, and that the commissions are overstepping the authority granted to them by not dismissing the charges immediately. He does not argue that it is a hate crime to criticize Islam, he argues that it is not, and never was punishable for him to publish the cartoons, not even under section 13 or anything else, even without having to appeal to the Canadian Charter of Rights and Freedoms, although he does do that as well. He argues that they are trying to censor him, and he as argued that he hopes they will, and that he will be penalized, so that he can use his right to appeal to the court system and thereby have the commissions and tribunals at all levels of government that seek to manipulate and abuse the power granted to them beaten back.
[ March 05, 2008: Message edited by: Jonathan S. Fox ]
[ March 05, 2008: Message edited by: Jonathan S. Fox ]