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Out of Step With Allies, U.S. Defends Freedom to Offend
New York Times ^ | June 12, 2008 | Adam Liptak

Posted on 06/11/2008 1:52:43 PM PDT by reaganaut1

VANCOUVER, British Columbia — A couple of years ago, a Canadian magazine published an article arguing that the rise of Islam threatened Western values. The article’s tone was mocking and biting, but it said nothing that conservative magazines and blogs in the United States do not say every day without fear of legal reprisal.

The British Columbia Human Rights Tribunal will soon rule on whether the cover story of the October 23, 2006, issue of Maclean’s magazine violated a provincial hate speech law.

Two members of the Canadian Islamic Congress say the magazine, Maclean’s, Canada’s leading newsweekly, violated a provincial hate speech law by stirring up hatred against Muslims. They say the magazine should be forbidden from saying similar things, forced to publish a rebuttal and made to compensate Muslims for injuring their “dignity, feelings and self respect.”

The British Columbia Human Rights Tribunal, which held five days of hearings on those questions here last week, will soon rule on whether Maclean’s violated the law. As spectators lined up for the afternoon session last week, an argument broke out.

“It’s hate speech!” yelled one man.

“It’s free speech!” yelled another.

In the United States, that debate has been settled. Under the First Amendment, newspapers and magazines can say what they like about minority groups and religions — even false, provocative or hateful things — without legal consequence.

(Excerpt) Read more at nytimes.com ...


TOPICS: Canada; Culture/Society; News/Current Events
KEYWORDS: censorship; freespeech; hatespeech; humanrights; islamofascism; marksteyn; muslims
Is there anything uniquely American that the people of the NYT like? If not, why can't they leave!

If "hate speech" is banned in the U.S., conservatives like Mark Steyn will be the target. Criticizing someone is not the same as hating him.

1 posted on 06/11/2008 1:52:43 PM PDT by reaganaut1
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To: reaganaut1
In the United States, that debate has been settled. Under the First Amendment, newspapers and magazines can say what they like about minority groups and religions — even false, provocative or hateful things — without legal consequence.

I'm sure they mean giving offense to Blacks and Muslims, but its more likely, considering the current state of the MSM, the targets would be Conservatives, Southerners and Christians.

2 posted on 06/11/2008 2:02:23 PM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: reaganaut1

Criticizing someone is not the same as hating him.
::::::
Hating someone or something is not against the law — it will only be so if the communist thought-nazis take over this country...and we are only one election away from it if the mindless freedom-insensitive voting public is STUPID enought to vote Osama Obama into the Oval Office.


3 posted on 06/11/2008 2:03:22 PM PDT by EagleUSA
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To: reaganaut1

Actually I think this article was pretty good. It’s point was to illustrate how American’s view free speech as opposed to Canada and then the rest of the developed world. The article was very objective and it provided examples and quotes defending all sides.

Still don’t like the NYT’s but this article was ok.


4 posted on 06/11/2008 2:05:23 PM PDT by Raymann
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To: Raymann
Agreed. I think the headline must have been added contra the article-writer.
5 posted on 06/11/2008 2:10:03 PM PDT by agere_contra
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To: reaganaut1

One would think that, on this issue at least, a pure instinct for self-preservation would lead the New York Times to the correct (conservative) view. One would be wrong. The New York Times is willing to concede even its own right to print what it wishes, in the name of political correctness.


6 posted on 06/11/2008 2:10:16 PM PDT by tvdog12345
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To: reaganaut1
“In the United States, that debate has been settled. Under the First Amendment, newspapers and magazines can say what they like about minority groups and religions — even false, provocative or hateful things — without legal consequence.”

I do believe that the First Amendment has more than a few footprints on it. The question is which will go first, the first, or the second.

7 posted on 06/11/2008 2:15:40 PM PDT by CarryingOn (Don't tell me words don't matter. Barack H. Obama)
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To: reaganaut1

But here is how you know this is the NYT spinning - they never quote the actual language that is supposed to be hateful. Instead, with all the talk about hate speech and racial epithets and the KKK, they simply leave the impression that the article contained vile and disgusting language. In fact, Steyn was his witty self, and, more importantly, the specific line that led the case, about Muslims breeding like mosquitos, was a quote from a European Muslim, not even Steyn’s own words. So this lawsuit is really about abusing the system to intimidate any critic of Islam, but the NYT conveniently leaves out all of that context. Surprised?


8 posted on 06/11/2008 2:23:57 PM PDT by comitatus
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To: CarryingOn

I don’t think the debate has been settled in the United States. It’s just beginning. If we see more hate crime type laws passed, it could drift down into affecting what kinds of stories and what kinds of opinions can be published.


9 posted on 06/11/2008 2:24:04 PM PDT by Dilbert San Diego
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To: reaganaut1
Typical Nytimese but otherwise not a bad column?/article? hard to tell with today's "I want to make a difference" employees of the MSM.

Typical in the sense that all the examples of the evil of incitement to violence were from the "right."

there is only one justification for making incitement a criminal offense: the likelihood of imminent violence . . . fiery speech urging an angry mob to immediately assault a black man in its midst probably qualifies as incitement under the First Amendment.

But nary a Nytimese word about a fiery speech urging angry viewers of a national TVshow to attack and kill a white Congressman and his family -- that's just satire.

No problem, no problem at all with -- and no examples of -- wishing death upon Bush Administration personnel that's found on Err America, dailycuss, moron.org, Huff'n Puff Post, mediasmatters, dummyunderground, or any of the "intellectual" web sites so valued by the employees of the MSM.

10 posted on 06/11/2008 2:38:39 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: reaganaut1
“the international commitment to eradicate hate propaganda and, most importantly, the special role given equality and multiculturalism in the Canadian Constitution necessitate a departure from the view, reasonably prevalent in America at present, that the suppression of hate propaganda is incompatible with the guarantee of free expression.”—Canada's Chief Justice Dickson.

Another Western country sacrificing rights at the alter of multiculturalism.

11 posted on 06/11/2008 2:53:32 PM PDT by Rottweilerson (If you want a friend...Feed any animal.)
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To: tvdog12345

Yes, but Liberals invent rules for others to follow. They are always exempt from the same. After all, ‘hate speech’ is simply speech that liberals hate. I doubt the NYT will ever write anything they hate. Quite simple really…


12 posted on 06/11/2008 2:57:42 PM PDT by ArchAngel1983 (Arch Angel- on guard)
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To: Raymann
Actually, considering that they were a party in one of the biggest free speech cases, New York Times v. Sullivan, they should have known better about one aspect of their claim: You are most certainly NOT allowed to knowingly, and with malice, publish false information about anything or anybody. Publishing false information is libel and is most certainly not protected speech.

Neither is slander, but no one seems to chase after anyone for that one anymore, else Olberman would never see the outside of a courtroom.

13 posted on 06/11/2008 2:58:08 PM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: reaganaut1

Winston Churchill once said something to the effect that if you want to enjoy the benefits of free speech then you need to be willing to occasionally tolerate some foolish speech. I couldn’t sum it up any better than that.


14 posted on 06/11/2008 3:05:05 PM PDT by Non-Sequitur
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To: reaganaut1
If "hate speech" is banned in the U.S., conservatives like Mark Steyn will be the target. Criticizing someone is not the same as hating him.

What I want to know is, why does anybody consider it to be within the purview of government to outlaw an emotion? Human beings have a whole range of emotions: love, envy, sorrow, joy, and others, including hate. So why is it that hate is the only one outlawed? Why am I not allowed to hate people? So what if I say a bunch of stuff that shows how much I hate someone, or some group of people? Why would that ever be a crime in a free society?

Too often now, I see even people who would otherwise be reasonable and conservative operating from the premise that hate is bad, and that any defense against a hate-speech or hate-crime prosecution lies in proving that it doesn't actually promote hate, or didn't actually occur as a result of hate. I say that is a false premise. That true question is, why would hate matter? If I murder someone, who gives a damn whether I hated that person or not, or why I hated him? Murder is a crime. Hate should not be a crime.

Anyone who values reason, sanity, and freedom, should fight against this ridiculous concept at every instance. To do otherwise is to tolerate one insanity and invite further insanity.
15 posted on 06/11/2008 3:38:52 PM PDT by fr_freak (So foul a sky clears not without a storm.)
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