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Tuesday, December 18, 2007

More Kinsella Hypocrisy

It's hard to believe that Warren Kinsella's blind hypocrisy could get any worse, but it has. After Ezra Levant wrote a piece decrying the use of kangaroo courts, also known as Human Rights Tribunals, Warren waded in with this personal attack on Ezra. Warren is purposely obtuse in attacking Levant for using THE COURTS to attempt to settle disputes when any moron (and I can only assume Warren isn't a moron) can see that Ezra specifically refers to the much higher level of evidence necessary to prevail in court, as well as the personal financial burden on the claimant, in comparison to using HRCs to stifle free speech. He makes it clear that the courts are the place to seek remedy for libel or defamation, even hate speech. What Levant says is that it is utterly inappropriate to use HRCs to censor speech, that HRCs were never intended for that use, and that the much lower threshold of evidence coupled with the activist bent and lack of qualifications of tribunal members makes them a danger to free speech.

Kinsella takes great pride in taking on the neo-Nazi movement and I strongly agree that Nazi ideology is utterly repugnant. Where Kinsella and I (and I might add most of the great thinkers of history) disagree is in how to combat noxious thoughts and speech. Kinsella seems to think that outlawing nasty thoughts is the way to go and lauds Richard Warman for using HRCs to prosecute neo-Nazis. That position is dangerous, much more dangerous than some pathetic skinhead. The very idea that we can somehow deny free speech to one group because we vehemently disagree with them strongly implies that we can do the same to others. At what point will my thoughts be censored? Or yours? Or even Kinsella's? Should I really trust Warren Kinsella, or some unqualified HRC member, or even the courts to draw the line as to what speech is acceptable? Absolutely not! Society must draw that line not through censorship but by engaging ideas we find repugnant, repudiating them, ridiculing them, and marginalizing them with better arguments. On this, I will stand with these great minds:

"Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds." -Thurgood Marshall

"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." -George Washington

"Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties." -John Milton

"You have not converted a man because you have silenced him." -John Morley

"To hear one voice clearly, we must have freedom to hear them all." -Kerry Brock

"The first principle of a free society is an untrammeled flow of words in an open forum." -Adlai E. Stevenson

"We are willing enough to praise freedom when she is safely tucked away in the past and cannot be a nuisance. In the present, amidst dangers whose outcome we cannot foresee, we get nervous about her, and admit censorship." -Edward M. Forster

"I am opposed to any form of tyranny over the mind of man." -Thomas Jefferson


2 comments:

Anonymous said...

Dear Rat.

Another RAT here. Roy Arthur Topham. I caught wind of your blog this morning while perusing Jeff Cherniak's and reading the comments to his article on hate speech.

I attempted to post a comment on Cherniak's blog, one which I will append below, but apparently he's not that interested in freedom of speech for everyone. I thought perhaps that my case would be of interest to commentors, especially considering the passionate statements many were making on this important issue. They may well be but when no one can read them what is the point?

You've made some fairly strong statements in your post regarding freedom of speech. Let's see if you are willing to stand by what you said. And if you truly DO believe in freedom of speech then perhaps you could rattle Jeff's chain with respect to his censorship of my comment.

Here it is:

Dear Jeff (Rat),

I am one of the more recent publishers in Canada who has had a complaint laid against them by the Canadian Human Rights Commission. My ultimatum to “Respond” to the said complaint arrived in my mailbox on November 20, 2007. I reside in the province of B.C.

Unlike the cases of Levant and Steyn who are both Jews and the complainant is a Muslim, my complainants, Harry Abrams, B.C. representative for the League for Human Rights of B’nai Brith Canada and “the League” are both Zionist Jews and I am a baptized Christian.

In my case the complainants are contending that I and my website http://www.radicalpress.com are promoting “ongoing hatred affecting persons identifiable as Jews and/or as citizens of Israel”. Their allegations are based upon the many articles which I publish that are critical of political Zionism and the Israeli state.

Prior to writing my “Response” I asked the CHRC “hate-crimes” Investigator Ms. Sandy Kozak, for a definition of “hate” which the CHRC uses in such cases. I am posting her reply here for the benefit of anyone who wishes to understand the context within which this semi-judicial organization operates and how they view this controversial term.


From: SANDY KOZAK
Date: Mon, 10 Dec 2007
To: Arthur Topham
Subject: Re: CHRC complaint

Mr. Topham,

In response to your email of 28 November 2007, the following information should answer the questions you posed about the meaning of ‘hate’ and our investigation of these types of complaints. Further, I would recommend that you submit a full response to the allegations initially, however, further information can be submitted later if necessary.

The investigation will examine whether there is support for the complainant’s allegation of hate on the internet by considering:

i. whether the material which forms the basis of the complaint was observed on the Internet;

ii. whether the communication of the material has at least partially taken place in Canada;

iii. whether the material is likely to expose a person or persons to hatred or contempt based on characteristic(s) based upon a prohibited ground(s)

iv. whether the Respondent communicated or caused to be communicated the material which forms the basis of the complaint.

What constitutes “hatred” is not defined in the Canadian Human Rights Act. It is a question of fact. It is generally accepted to refer to extreme ill-will and is an emotion which allows for “no redeeming qualities” in the person at whom it is directed. “Contempt” is similarly extreme and includes circumstances in which the object of one’s feelings is looked down upon, belittled, despised, dishonored or disgraced.

Sincerely,

Sandy Kozak
Investigator
Canadian Human Rights Commission


Anyone interested in my case can review it by going to the following urls listed below. The first is to an article which contains the Response and the second is to the Response itself.

1. KILLING THE HUNDREDTH MONKEY: The Battle for Control and Censorship of Canada’s Internet by the B’nai Brith and the Canadian Jewish Congress http://www.radicalpress.com/?p=628

2. Response to CHRC re: complaint from Harry Abrams and B’nai Brith Canada: http://www.radicalpress.com/?p=629


Feedback is always appreciated and can be sent to Radical Press at radical@radicalpress.com

Thank you.

Arthur Topham
Pub/Ed
The Radical Press

The Rat said...

Mr. Topham,

While I respect and support your right to free speech and despite the fact that I utterly disagree with your viewpoint, I feel compelled to point one very great error in your opening paragraphs. It is the same error the MacLean's complainants make and one their supporters perpetuate: While you have the right to express your opinions you do not have the right to force me, or Jason Cherniak, or MacLean's, to publish them. In fact, you have your own site on which to publish your thoughts, as do the MacLean's complainants, and any person has access to sites such as blogger upon which they can publish. In fact, quite literally, you have the right to stand in the street and make a fool of yourself at your own leisure but I do not have to listen to you.

I will let your comment stand for what it is but please do not misconstrue that as support for you or your position. Fortunately my blog is little read.