Obiter Dicta Issue 9 - January 19, 2015 | Page 2

EDITORIAL 2  Obiter Dicta Some Thoughts on Some Thoughts on Charlie Hebdo T h e r ec e n t t e r ror attacks in France have, apparently, opened the floodgates for opinions from both sides of the political spectrum on the values and risks of freedom of speech. Across countries and continents, Twitter trolls and Facebook stalkers alike have begun to self-identify as either a French cartoonist, or not-a-French-cartoonist. I find the whole exercise extremely unnerving given the timing, which is why I’m writing this to present a third option to this debate, though admittedly, one which lacks the jene-sais-quoi of a trendy hashtag. Many publications seem to be suggesting that freedom of speech should have some limits when the offence or harm done to individuals so strongly outweighs the validity or purpose of the written or spoken material. The argument is that when an image or statement is inherently hurtful to a particular group, it shouldn’t be allowed only because freedom of speech exists. Without some additional purpose or validity to the offending material, perhaps it is preferable to not antagonize a population by publishing it. This argument has a lot of validity, especially when we consider that many materials that do offend in such a matter are already banned under the label of “hate speech.” Other publications offer a different point of view, that freedom of speech is an established right which must be rigorously upheld and defended. The view is that this freedom is a fundamental element of democracy, since it allows us to publicly contest opinions we oppose, and promote the opinions for which we stand. The argument of the “jesuischarlie” crowd is, essentially, that an attack on a controversial publication strikes at the most fundamental protections of freedom of speech, the protection of objectionable speech, and cannot be tolerated. The outpouring of support for this perspective likely stems from more general attitudes regarding the importance of liberty and freedom which are pervasive in Western cultures. An attack so directly linked to the destruction of these values can only be expected to result in such an intense pushback. In reviewing both these arguments, I find them both extremely dissatisfying. In terms of the argument in favour of limiting free speech, my issue is that, if something has not already been labelled as “hate speech,” then that means the democratic society in which the material is disseminated has already accepted the validity of the material. Anyone who opposes the material can launch a court a. Osgoode Hall Law School, 0014g York University 4700 Keele Street Toronto, on  m3j 1p3 e. [email protected] w. obiter-dicta.ca t. @obiterdictaoz “In law school, time is meaningless; But in time, law school is meaningless.” restroom graffiti ê Photo credit: wallonews.com challenge and argue that the material is hateful. To stand up and cry out against the unfairness of offensive material the day after a mass murder is simply taking an opportunistic leap to stand on the supposed moral high ground. Anyone truly opposed to freedom of speech legislation can act on their opinion at any time, but specifically choosing to come forward after a terrorist attack feels inappropriate. If this was an important issue yesterday, it will still be important in a week, so perhaps its best to pay the families of th e deceased the respect of waiting a few days before launching into a hashtag frenzy. As for the other faithful hashtaggers, the “jesuischarlie” crowd, I am equally dissatisfied with the idea that freedom of speech is a blanket in which we should all be constantly wrapped. Freedom of speech has been limited before, and there is no reason to believe that it would be purely detrimental to limit it in the future. I can understand the value of showing support for the families of those who were viciously murdered by Islamic radicals, but that support should not be a front for the promotion of a specific view regarding the reach of a civil liberty. It is possible to show solidarity against terrorism without being a crusader for unlimited free speech, and I firmly believe that the message would actually come across better without the context in editorial board editor-in-chief | Karolina Wisniewski managing editor | Sam Michaels layout editor | Heather Pringle editorial staff business managers | Alvin Qian, Adam Cepler communications manager | Angie Sheep copy editor | Subban Jama news editor | Mike Capitano opinions editor | Carla Marti arts & culture editor | Marie Park sports editor | Evan Ivkovic website editor | Asad Akhtar which it currently is being disseminated. Saying free speech shouldn’t be limited after the brutal murder of an editorial team is almost too easy to be truly impactful. Those who wish to promote an unlimited view of free speech are choosing the easiest possible example to push forward their view. Promoting the viewpoint outside last week’s context is a much more difficult task, but one that would likely lead to far more substantial results. The debate over free speech is not playing out in a courtroom or legislative chamber, but rather, on Facebook walls and Twitter feeds. Yes, it is nice that technology allows us to interact and share opinions on a global scale, but the problem is that too often those opinions can be easily labeled. Informed debate requires acknowledgment and analysis of all the points that contribute to a debate. By camping out under a specific opinion (or hashtag), one inevitably discounts the validity of other opinions. For this reason I would like to offer a third, somewhat-of-a-cop-out, opinion on the debate over free speech: that this isn’t the time. Simply put, whatever end of the free speech spectrum you are on, you should not allow terrorism to staff writers Kate Henley, Gleb Matushansky, Erin Garbett, Hannah de Jong, Kenneth Cheak Kwan Lam, Kendall Grant, Rob Hamilton, Esther Mendelsohn, Parmbir Singh Gill, Michael Silver contributors Sachin Seth, Sabrina Delhon, Tracey Leigh Dowdeswell, Quinlin Gilbert-Walters, Liane Langstaff Submissions for the February 2 issue are due at 5pm on January 24, and should be submitted to: [email protected] » see editorial, page 13 The Obiter Dicta is published biweekly during the school year, and is printed by Weller Publishing Co. Ltd. Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content.