jump to navigation

free Mark Steyn! 22 December 2007

Posted by DSM in human rights, law, politics.
comments closed

The recent attempt by several members of the Canadian Islamic Congress to silence the inimitable Mark Steyn — not by disproving his thesis that because of demographics Islam is on the way up, of course, but by charging him with blasphemy before the Inquisition — enrages and disturbs on every level.

I don’t mean to be metaphorical. I’m entirely serious in describing this as a blasphemy prosecution, and the misnamed human rights commissions as an Inquisition. Whether he’s convicted or not is less significant than the fact there is an official body empowered to determine whether or not he’s blasphemed.

Canada has an official belief system (half-affectionately, half-derisively called the multicult), and we’re required to make obeisance or risk punishment. Our religion doesn’t have many explicit dogmas, per se, but you can still come to understand it pretty well. In classical negative theology, you come to understand God by saying what he’s not; similarly, in our new faith, you come to understand the boundaries of Accepted Truth by what people are punished for, or threatened with punishment for.

These days, no one’s worried about being fined by the government for sympathizing with the non-Chalcedonian Christology of the Coptic Orthodox. Come to think of it, you can probably count one one hand the number of members of the various Canadian HRCs who know what I’m talking about. Questionable Trinitarian theology just isn’t something they concern themselves with, and if I tried to bring a formal heresy charge against an Egyptian friend then the Commissars would laugh.

“Settle this between yourselves,” they’d say.

They’d throw out the case like Seneca’s older brother, the Roman jurist Gallio, threw out the case against St Paul where the locals claimed that Paul “persuades men to worship God contrary to the law”. (Acts 18).

Gallio interrupted before Paul even began his defence, because he wasn’t interested in handling philosophical disputes between one group of Jews (the local synagogue) and another group of Jews and assorted Gentile hangers-on (Paul and coworkers). He was only concerned with dealing with matters involving “some misdemeanor or serious crime“.

Instead, he explained, “since it involves questions about words and names and your own law—settle the latter yourselves. I will not be a judge of such things.

And he kicked everyone out of the courtroom.

It’s mildly astonishing that a few words from an irritated Roman proconsul two thousand years dead show more sense than a modern nation’s enlightened political structures, but there you go. Whether you view our innovations as inventing new thoughtcrimes or as broadening the traditional exceptions to free speech beyond all sense, the end result is the same: we’ve criminalized the expression of perfectly reasonable ideas, and the space in which our thought can move and play and explore grows ever smaller.

For Steyn’s argument, right or wrong, the natural battlefield is the page, not a kangaroo court.

It’s been noted — I think by the man himself — that the complainants almost always win in these cases, and so the odds aren’t good. I’m not so sure. It may be that if we cast enough light then Steyn might be found not guilty, for fear of throwing the entire HRC project into disrepute– freedom could win by losing. I’d hope so, anyway, but the many previous attacks on free speech in Canada via the Inquisitions have generally passed unremarked, in typical Canadian style.

It’s time for that to end. All those who support free speech — right, left, centre, other — must oppose the so-called “human rights” end-run around our ancient liberties in the Friendly Dictatorship.

Free Mark Steyn, to free us all.

the offending article

footnote nepotism 1 May 2007

Posted by DSM in law, sports.
comments closed

From the case United States of America v. David E. Malone, decided 30 April 2007, in which the judges were explaining their reluctance to accept an ineffective assistance of counsel claim:

[1] Of course, “Monday morning quarterback” is now passe since the advent of “Tuesday Morning Quarterback,” the terrific column regularly posted by Gregg Easterbrook on ESPN.com. See NLRB v. Cook County, 283 F. 3d 888, 895 n. 5 (7th Cir. 2002). In light of the column and the marquee “Monday Night Football” NFL games from September through December each year, we think the term “Monday morning quarterback,” from now on, should go the way of the drop-kick, the “T” formation, the Statue of Liberty play, and offensive tackles who weigh less than 300 pounds. From now on, a second-guesser should be called a “Tuesday Morning Quarterback.”

(Incidentally, the NLRB v. Cook County reference is a citation to an earlier mention of G. Easterbrook’s football column..)

On the panel, of course, is Chief Judge of the Seventh Circuit Frank Easterbrook, Gregg Easterbrook’s brother. I’m a fan of his work. Judge Easterbrook’s, I mean, which is why I read the opinion in the first place.  (Updated to clarify: Evans actually wrote the opinion.)

Yep, it’s true. I’m a planetary astrophysicist who reads American appellate law for the writing.

the consequences of betrayal 6 December 2006

Posted by DSM in law.
comments closed

In a story in yesterday’s Times I still have difficulty believing, a man whose wife cheated on him with someone famous in the world of sports has been prevented from naming the sportsman (or broadcaster? or coach? who knows?) involved because of the latter’s “right to privacy”.

From the article:

The judge, who could find no legal precedent from the 19th or 20th centuries, said that he was faced with “the striking proposition that a spouse whose partner has committed adultery owes a duty of confidence to the third party adulterer to keep quiet about it”.

Madness. There is no such duty.

If the European Convention on Human Rights compels such a result then so much the worse for the ECHR. When a line of reasoning leads you to a conclusion absurd on its face, the wise man realizes something’s gone wrong. The idiot proclaims his bold new discovery, and encourages others to get with the program or be considered a reactionary.

Hat-tip to Dennis Mangan, with whose earlier comments on the alienation of affection as an actionable tort I’m in sympathy, although I suspect that by the time it’s necessary to resort to such measures the game has been lost.