A burning issue
The US and UK approaches to free expression
By David Allen Green Published 25 November 2010 14:57
When Pastor Terry Jones threatened to burn the Koran, the response of the US government was rather significant.
Pastor Jones was condemned in strident terms by, amongst others, the President and Secretary of State. He was even telephoned by the Defense Secretary. There was little doubt that Pastor Jones's misconceived and offensive gesture could have possibly placed US personnel at risk.
In the end, and perhaps because of this intense moral pressure, the gesture was cancelled.
But there was something which the United States government did not do.
Even though it was plausible to contend that Pastor Jones was creating a clear danger to others, he was not arrested. It was the persuasive and not the coercive power of the US government which was deployed to stop the gesture happening.
What would happen in the United Kingdom?
Would we similarly seek to achieve a desirable end through normative means, without resorting to the use of police and their powers of arrest and detention?
Of course not.
Instead, according to press reports, we would casually arrest a fifteen year old girl.
David Allen Green is legal correspondent of the New Statesman and was shortlisted for the George Orwell prize for blogging in 2010.
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23 comments
Thanks DAG for pointing out this story. The idea of arresting minors instead of just giving them a damn good telling off and lesson in tolerance is absurd.
Also unsurprising to read the usual cultural blackmail about insulting "a billion muslims" and so on.
"You can see that in the way Muslims treat the Koran, washing before touching it and in many Muslim homes you will find it on the top shelf above all other books and we will never destroy the Koranic texts." Says the self-appointed spokesperson for said billion from the group dedicated to, in their own words "empowering Muslims to focus on non-violent Jihad".
http://en.wikipedia.org/wiki/Muslim_Public_Affairs_Committee_UK
What on earth is the BBC doing talking to antisemites?
These same voices tend not to mind about setting fire to Korans when they are in located in the 'wrong' kind of Mosque in Iraq, Pakistan and so on.
But we are to pretend, for the sake of jailing a minor, that a billion muslims bay for redress with one voice.
What stinking hypocrisy.
and what of "kettling"? Is it compatible with "free expression"?
we criticise other countries for their lack of freedom but in almost all cases were their population to lock themselves alone in their basement they'd be able to say anything they wanted. Surely the circumstances in which one is allowed to express one self are important.
Take thousands of people (majority non-violent) and trap them together on a small area of tarmac; how can they express themselves? How do they get their voices heard? Apart from a small number of reporters also trapped no one can listen to them.
A demonstration that is kettled is one which is no longer being allowed to demonstrate.
I find it hard to believe that is can be legal. Where are the pseudo-libertarians, such as David Davis, when people they don't like are having their liberties taken away?
The law should have no part in being used to enforce what is essentially good manners, consideration and not being gratuitously insulting. That's especially so within the environments of a school.
There are plenty of other ways of conveying to a 15 year old girl how to behave properly without resorting to the sledgehammer of criminal law.
One also wonders where it would stop. There are perfectly valid reasons for robust criticism of some religious or cultural practices which could fall foul of an over-zealous enforcer of the law.
Of course the arrest will inevitably raise this from being a purely local issue into a national one with any number of self-important pleading special cases. I'm sure there are a dozen columnists who have already filed their copy in for the dailies.
Question: Are the numbers of needless arrests (Chambers, Compton, this girl) on the increase, or are we just spotting them more frequently? Is there a genuine upward trend of "arrest 'em anyway"?
Roughing up peoples' beliefs is quite different roughing up people. It's a basis of such moral progress as we have experienced over the last few hundred years. Take Mill's critique of beliefs about the immutable inferiority of women. There's probably a role for Blasphemy here in undermining sedimented assumptions about the sacred. Religious adherents have every right to protection against assault or discrimination but not against public ridicule or criticism.
Burning the Koran or Bible or Gita or Torah is no big deal. You can always get another one. Burning heretics or their faith is another matter.
swatantra nandanwar
25 November 2010 at 15:26
Burning the Koran or Bible or Gita or Torah is no big deal. You can always get another one. Burning heretics for their faith is another matter.
Spot on... !
ps the fear of burning to death in an oven is generally much worse than the actual event... unless of course you are wicked,then its infinitely worse.
This bloke I know, from youtube, ok, a yank, but there,
http://www.youtube.com/watch?v=qw7vG11PRV0
In living color,
http://www.youtube.com/watch?v=Qosn893FTdo
The girl did nothing wrong. In a free society, no one has the right not to be offended. Alternatively, I could claim that I'm offended at this violation of her right to free speech. Britain needs a First Amendment NOW.
Carwyn James, singing,
http://www.youtube.com/watch?v=jEYsHm0KoMA
Our new gas friends, suddenly,
http://www.youtube.com/watch?v=pmArogHFGWo
"Dort, wo man Bücher
Verbrennt, verbrennt man auch am Ende Menschen."
("Where they burn books,
They, in the end, also burn people.")
Heinrich Heine was probably right, but by the same token, where a book or a symbol or an idea, be it political or religious or whatever, is rendered unassailable, those feeling themselves identified with it will probably also end up burning people. People who burn books for whatever reason merely betray how deeply the books affect them and how incapable they are of articulating their opposition to ideas; there is surely no real advantage in making martyrs of them in their own minds and those of others who think like them.
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The only time I would feel a need to burn a book is if I was told by the government that I couldn't.
I'd like to know if the reason she burnt it was because it had been translated into English from Arabic?
Raphael Golb was sentenced to 6 months in prison for blogging and emailing satirical, non-threatening/non-obscene material, using variants of names of known persons (academics). He was convicted of 31 offences, including identity theft and criminal impersonation, despite not having gained anything (he didn't steal someone's credit card/bank details), and despite the fact that no one took his postings as having been genuine.
The entire affair stemmed from a scholarly debate about the Dead Sea Scrolls, and this fellow who was convicted, was merely speaking up in defence of his father, Prof Norman Golb's minority academic views, as should have been his right to do, even if it was done in an unconventional way.
He now appeals the conviction, but the whole affair has been extremely damaging to his professional career as a respected lawyer.
This is the logical outcome of what can happen when authorities take too seriously matters that do not present genuine threats, and which don't involve theft of property or services, but rather, which constitute a part of the mode of discourse of contemporary life.
To read Raphael's account, link to: http://nyc.indymedia.org/en/2010/11/113225.shtml
This case is important to British readers because many communications sent from various parts of the world pass through servers located in the US, and so writers could easily be targeted for prosecution and extradited to the US to face trial.
The issue is clear - freedom of speech and expression are fundamental human rights. This applies to all human beings, regardless of any other factor.
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How very uplifting to be given a little Heine @Terrence Lockyer, and to note that he makes the point with words rather than with fire, laws or arrests.
Furthermore, is one not allowed to express ridicule and contempt for a collection of either ot both of:
Bronze-Age goatherders' myths ("bible") or Dark-Ages camelherders' myths ("recital")?
And if not, why not?
This is just a re-introduced blasphemy law, and as such it itself, is worthy only of contempt.
This is stupid. I regularly burn copies of the Koran, and nobody has come to arrest me.
Burning a Koran is clearly not incitement to religious hatred under the law as written, as it only applies to threatening words or behaviour; in fact abuse, ridicule, and expression of dislike of a religion are specifically protected under section 29J.
I do wonder if the video had accompanying threatening words, but it's been removed so it's hard to say.