-Caveat Lector-

from:
http://www.zolatimes.com/V3.7/pageone.html
<A HREF="http://www.zolatimes.com/V3.7/pageone.html">Laissez Faire City Times
- Volume 3 Issue 7</A>
The Laissez Faire City
February 15, 1999 - Volume 3, Issue 7
Editor & Chief: Emile Zola
-----
Freedom of Approved Speech

by Peter Topolewski


In the first week of February 1999, a US federal court ordered the
authors of an anti-abortion web site to pay $107 million in damages to
Planned Parenthood and a number of abortion doctors. A few hundred miles
up the coast in Vancouver, BC, a human rights tribunal ordered a retired
newspaper columnist to pay a $2000 fine for promoting hatred toward
Jews.

Incomparable sums, but the same injustice. Powerful interest groups
successfully drew governmental and judicial bodies into arguments of
good taste versus bad. As hoped, the authorities scrutinized a citizen’s
right to express what others had deemed a disagreeable opinion. As
individuals, the authorities are fellow citizens and peers; but
collected in juries and tribunals they have decreed what thoughts we may
voice without penalty. Expressible thoughts are far fewer than we had
ever assumed. Too late for a viaticum, free speech is dead.

No matter how offensive people found either the Nuremberg Trial web
site, or the columns by 78-year old columnist Doug Collins, note that
none of the authors were charged with a crime for what they wrote, and
none faced criminal punishment. Rather, by different routes, the losing
sides in each case have been punished in their wallets, and punished for
one reason alone: to stop them from expressing their opinions.

In the case of the columnist Doug Collins, the $2000 fine is the muscle
flexing of an inflated power wrongly created. His sentence fell from a
bureaucratic wing of the provincial government known as the BC Human
Rights Tribunal. At the foot of its pulpit it drops culprits whom it
deems to have violated human rights. Collins, a ranter of underwhelming
talent, has made a habit of picking on Jews. His gormless columns
retread old Jewish conspiracy theories and lame "inflated Holocaust
number" stories. He convinced no readers of his lies, but he convinced
many that he is a bitter hack whose career should have seen its zenith
after a single appearance in the letters to the editor section. However,
according to the Human Rights Tribunal, Collins’ small minded opinion
pieces were not simply nonsense, they served to "repeatedly reinforce
some of the most virulent forms of anti-Semitism, and perpetuate the
most damaging stereotypes of Jews; that they are selfish, greedy and
manipulative… and that, through control of the media, they have
perpetrated a massive fraud to exaggerate their suffering during the
Holocaust." While his views might or might not do all of the above,
Collins is guilty only of a mean streak, a rambling style, and a bitter
jealousy. (One wonders why these alone were not sufficient to keep his
opinions from print, as least as a paid columnist.)

In 1997 Collins appeared before the tribunal after the Canadian Jewish
Congress complained about a column in which he characterized the movie
Schindler’s List as "typical Jewish propaganda designed to make money".
He escaped reproof then, only to face this retrial for a collection of
columns that injured the "dignity and self respect" of a local Jewish
man named Harry Abrams. That such an irrelevant columnist could injure
Abrams’ dignity and self respect is plainly sad. What’s worse is that
Abrams chose not to simply ignore Collins’ insulting babble (as most
readers do), or better yet to make efforts to educate people why
stereotypes of Jews (and other minorities) are low, dishonest, ignorant,
and lazy. Instead, Abrams resorted to having Collins censored: Collins
is not free to insult any one without facing financial punishment.

Bastiat’s Rights of Man

By invoking their mysterious powers to protect through fines what are
loosely labeled "human rights", the BC Human Rights Tribunal is
violating the very rights and freedoms which make possible its legal
existence. Frederic Bastiat explained this critical relationship once
and for all in The Law. He wrote: Life, faculties, production – in other
words, individuality, liberty, property – this is man. And in spite of
the cunning of artful political leaders, these three gifts from God
precede all human legislation, and are superior to it…. Since an
individual cannot lawfully use force against the person, liberty, or
property of another individual, then the common force – for the same
reason – cannot lawfully be used to destroy the person, liberty, or
property of individuals or groups. Fining Doug Collins $2000 for
expressing his opinion is precisely liberty destroyed. Amazingly the
Human Rights Tribunal saw fit to apply its over-extended power to the
press. It has ordered Collins’ newspaper to publish a statement which
condemns his opinions as dangerous and ant-Semitic. Timothy Renshaw, the
newspaper’s managing editor, has called this "pretty distressing for us,
because it’s basically content dictated by the government."

Bastiat’s proclamation on the rights of law and man apply similarly, but
in more than one facet, to the abortion lawsuit in Oregon. No matter how
militant, or to what extreme anti-abortionists take the means to their
goal – no matter how greatly opinions differ in their own camp – for
them abortion is murder, irrespective of what man’s law says. (In this
sense man’s law has as much credibility for them as it did for those who
opposed laws that made slavery legal.) As far as the anti-abortion
movement is concerned, the rights upon which laws are formed – Bastiat’s
rights of man – are being denied the unborn. The right to life
supersedes man’s law, and specifically for anti-abortionists the
God-given right to life supersedes any law that denies any human their
right to life.

Obviously the crux of the abortion issue is whether the unborn is human,
and it is around this question that debate must center. No other
argument is relevant – not the mother’s economic situation, not the
mother’s age or right to choice, not the opportunities for the child, or
its physical attributes; for if the unborn (the fetus) is not a human
there is no debate. If it is a human – and the pro-abortion movement has
been totally unconvincing in its hairsplitting and waffling on this
point – then the abortion debate becomes an argument about human rights,
particularly the unborn human’s right to life, liberty, and property.
Can the law – a product of life, liberty, and property – deny some the
right to life?

Until the focus of the abortion debate shifts from a woman’s right to
choice to the question of the unborn’s humanity, the fight will not find
a resolution. Anti-abortionists argue on behalf of what they believe is
a living human; pro-abortionists argue on behalf of choice. To
illustrate how misplaced the latter line of argument is, consider where
it will be left when scientific advancement allows an embryo to develop
to 9-month maturity completely outside a woman’s body. At that time the
argument for choice will have nothing at all to do with a woman’s body,
rather it would concern exclusively the mother’s – and the father’s –
choice to keep the fetus they conceived. Sooner or later, by choice or
by science, the debate will center on the fetus’s humanity.

Inciting Violence

In the mean time, the abortion fight rages along in its current form,
and anti-abortionists maintain only a belief that fetuses are humans.
The $107 million penalty handed out by an Oregon jury inhibits their
right to express that belief. The web site at the center of the case, no
matter how distasteful readers might find it, does not accuse the
abortion doctors there listed of acts they do not in fact perform, or
admit performing. The web site does call abortion murder (as most
against capital punishment call that murder), and they do call abortion
doctors murderers. These are opinions, and like Doug Collins’ opinions
they are being censored. The jury in Oregon, like the in Human Rights
Tribunal BC, based its decision on the flimsy notion that the literature
"incites violence".

In the kangaroo courts in BC and Oregon "inciting violence" was a simple
and blatant excuse for the verdicts, not the root of them. It is a
completely groundless tact introduced by groups that want to suppress
and oppress opinions in opposition to their own. When Doug Collins was
fined for expressing his insulting columns, the chief commissioner of
the BC Human Rights Tribunal applauded, saying that the decision affirms
the idea that freedom of expression comes with responsibility. What a
laugh. Will someone who attacks Jews in BC go unpunished because, in
their words, Doug Collins incited them to violence against Jews? Will
someone who attacks an abortion doctor walk free because he was incited
to violence by the anti-abortion web site? And could the authors of the
corrupting literature ever be charged in a criminal court as accomplices
for these crimes based solely on the words they wrote?

These claims of inciting violence demean the individual’s intelligence,
and they are dangers to what remains of our liberty. Tax departments
incite violence, government bureaucracy incites violence, football games
incite violence, rock stars incite violence, and limiting free speech
incites violence. Or it damn well should.

Or I am not allowed to say that?

-30-

from The Laissez Faire City Times, Vol 3, No 7, Feb. 15, 1999
------------------------------------------------------------------------
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Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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