Can we please distinguish between speech and actions?

The distinction between speech and action matters. Shouting fire in a crowded theatre endangers people’s safety and so is not just speech but also an “action” that can rightfully be outlawed. In contrast, showing contempt by burning the US flag or a copy of the Quran is “speech” and so should not be outlawed. The act of burning an item of your own property is lawful, and the added contemptuous attitude amounts to speech. This is highlighted by the fact that the method of disposal of old flags recommended by the US military is … burning them, though respectfully. Likewise some Islamic authorities recommend burning as the method of disposal of old copies of the Quran that are no longer fit for reading.

Those in favour of free speech generally hold that any speech that stops short of incitement to violence, or otherwise putting people in direct physical danger, should be lawful and accepted. Those against free speech think otherwise. But they don’t want to admit to being against free speech; few people do. So they label those in favour of free speech as “free speech absolutists”, and begin their arguments with: “I am fully in favour of free speech, but …”. From there they muddy the water by trying to negate the distinction between speech and action.

What the Muslim Council of Britain unfortunately did not say about Louis Smith

Statement (unfortunately not) by the Muslim Council of Britain regarding the Louis Smith video and the resulting ban by British Gymnastics. (Link to BBC account)

As Muslims we greatly appreciate the freedom to practice and voice our religion in a country that has not traditionally been Islamic. Such freedoms can only exist in a country where people can dissent from, and indeed criticise, other people’s beliefs, political views and religions. We recognise that, from Swift’s A Modest Proposal to Monty Python’s Life of Brian, Britain has a long tradition of satire and mockery that examines and holds to account both political and religious beliefs.

We maintain that truth has nothing to fear from examination, and that only falsehood and error seek the protection of censorship. Holding our religion to be the highest truth, we declare that it is far beyond being damaged by satire or mockery. We declare our truths to the world, openly inviting people to examine them for error. Critics please speak up, since we are confident that we can more than meet any challenge. If you want to mock us, go ahead!

The Southern Poverty Law Center brands Maajid Nawaz an “extremist”

So the Southern Poverty Law Center have now declared that everyone must submit to Islamic rules about blasphemy, and that if one does not then one is an “anti-Muslim extremist”. How have we come to this? How can it be that those who think that participation in a religion should be a free choice, and that we should not be obliged to submit to the rules and diktats of someone else’s religion, are now regarded as “extremists”?

It used to be the case that “free speech” included the right to speak in ways that upset people. The point was often made that speech that upsets no-one does not need protection; it is only speech that someone else does not want you to say that needs support from the fundamental principle that in a free society we need to be able to speak our mind and criticize others.

But no, “free speech” now has clear limits. If someone else is at all upset by anything you say, then you are making them “feel unsafe”, and making them feel unsafe is an act of violence. And if you want to pursue your speech down that road, then you are an extremist, the sort of person whom the Southern Poverty Law Center was set up to oppose.

Nigel Biggar is wrong on Charlie Hebdo and free speech

The conflict between Free Speech and Islam is surely going to be a defining battle of the 21st Century. Worryingly, many in the West consider that the best way to defuse the battle is to make concessions to Islam. For example, take the article just published in The Times by Nigel Biggar, the Regius Professor of Moral and Pastoral Theology at the University of Oxford (non-paywall article version).

Biggar writes:

Why are we allowing student unions to veto speech?

The principle of free expression is increasingly under threat across the Western world. Speech that might upset or annoy someone is being categorised as “hate speech” and thus placed beyond the pale in acceptable society. According to a recent Pew poll, 38% of British people now agree that the government should be able to prevent people saying things that are offensive to minority groups. Worryingly, even fewer support free speech in the rest of Europe.

And of course it would be entirely up to those minority groups to tell us what they deem offensive, which would allow them a veto over all public discourse. Nor are such concerns merely theoretical. Currently we have a preacher being prosecuted for describing Islam as “Satanic”. Whatever happened to the very bedrock of Western liberties, Voltaire’s: “I disagree with everything you say, but will defend to the death your right to say it”?

No “reasonable accommodation” for religion!

Baroness O’Neill, chair of the UK’s Equality and Human Rights Commission, has recently given a speech, hosted by the Theos think tank, on freedom of expression and religion of religion. There is much that is good in the speech. In particular I agree wholeheartedly with her view that:

There is no way of securing freedom of expression if we also maintain that there is a right not to be offended. Speech acts that incite hatred, or that intimidate, or that defraud, or that abuse, can be regulated without putting freedom of expression at the mercy of others. But if there were a right not to be offended, this would put everyone’s freedom of expression at the mercy of others.

Baroness O’Neill counsels:

What then should one do if one hears, reads or sees something that one considers offensive, perhaps deeply offensive? The basic thing is to remember is that unless the offending speech act was wrong in some further way (e.g. it was defamatory, or incited hatred, or was fraudulent), no right has been violated, and no remedy of the sort that respect for rights requires is needed.

But, there is one major area where I want to argue that Baroness O’Neil is misguided. And this is the fundamental matter of what we mean by “freedom of religion”. The Baroness says that:

Theos’s Ben Ryan: your attack on free speech is not the answer

Free speech is increasingly under attack. We in the West thought that the issue had long been settled, but it is being reopened by those arguing that free speech must be used “responsibly”, and that it must be tensioned against the feelings of anyone who might be offended.

Such notions would, of course, negate free speech. Anyone could censor anything by claiming they were offended. And who gets to decide what is “responsible” speech? Clearly Martin Luther was irresponsible in nailing ninety-five theses to the door of a church in Wittenberg, given that they attacked the Catholic Church which had provided leadership and stability through all of Christendom. And clearly William Wilberforce was highly irresponsible to start attacking the system of slavery which underpinned the whole economic system.

The fashion for denigrating free speech is typified by a blog article by Ben Ryan, a researcher for the Theos think tank. Headed “Your unfunny t-shirts are not the answer”, it starts:

A blog was recently drawn to my attention by one Dr Chris Moos that tries to paint the LSE Director Professor Craig Calhoun as a “faith warrior”. By deigning to argue that religion ought to be taken more seriously in academia in a range of different subjects as an overlooked cause Calhoun is displaying some sort of scary Christian zeal (apparently).

Well that’s rather pompous writing. And the word “deigning” doesn’t mean what Ryan seems to think it does. And the grammar is wrong (the blog post was not drawn to his attention by Chris Moos, the post was written by Chris Moos). OK, maybe it’s bad form to attack the writer, rather than his ideas, but people who are so ready to give up principles of free speech rather annoy me, given how central the right to criticise is to the Western way of life.