Tuesday, 27 May 2008

Freedom of Speech RIP


Remember that boy who was cited for calling Scientology a "cult", but then the Crown dropped the charges after the public outcry? It may not have been the "victory" some thought it was. According to Canada's National Post,

It was quickly pointed out by civil libertarians that the eventual happy outcome did nothing to reverse the consequences of the initial error. If expressive materials at a public protest can be confiscated pending two weeks of review by prosecutors, then not much is left of the right to protest, practically speaking. What few in Britain have pointed out is how vague and pathetic the text of the Public Order Act is. Objectively, one cannot say that the police officers acting as a praetorian guard for Scientology were overstepping their bounds under the act. No one ever calls a religion a "cult" without intending to insult it, and any "alarm or distress" thereby resulting must entirely be in the eye and mind of the beholder. The boy was, under the act, arguably quite guilty.

It constitutes no "victory" for freedom of expression that he was let off arbitrarily just because the public took his side against a secretive and widely ridiculed religious group. On the contrary: the police succeeded in communicating their real message to those who might wish to imitate him. Watch what you say. We have enough power to give you a hard time, whether the crown backs us up in the end or not. And make damned sure your targets are relatively unpopular, or you might not find so many columnists and activists leaping to your defence.

And so freedom of speech gives way to self-censorship.

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