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THE TYRANNY OF NICE

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Christmas with counsel Print E-mail
Steynposts
Monday, 24 December 2007

Thank you to all who've offered their support one way or another re the attempt to, in effect, ban my writing from north of the 49th parallel. As is to be expected, a few cracks in strategy are now beginning to emerge. Kathy Shaidle quotes advice from a friendly lawyer:

I wanted to let you know that linking to non-public officials who may be involved in this process could make things worse. Even if you do not live in Canada, at best it will increase the sympathy of the Tribunal to the complainants. It doesn’t matter if you’re not officially affiliated with Steyn, because they can use it as an example of harrassing behaviour that his articles and books are encouraging.

Kathy says: "Screw that." And I'm inclined to agree, albeit more wussily.

First, as I understand the law (at least according to the high-priced advice of my hotshot QC), it is not possible to be in "contempt of court" in regard to one of these Human Rights Commissions. And, even if it was, along with George Jonas and David Warren and other sane observers, I have been opposed to the HRCs in principle my entire adult life and a two-minute Lexis Nexis search will turn up any number of quotes. So if contempt for the process is likely to increase "the Tribunal"'s "sympathy" to the complainants, it's way too late.

Second, it's worth considering the logic of that lawyer's advice. He's saying that, if we make nice, we might get a fair trial and be acquitted. Sorry, that would be the worst possible outcome. It would legitimate the process, and the usual pussies at The Toronto Star et al would say: See, it proves there's no threat to freedom of speech from the HRC shtick. After all, if a notorious hatemonger like Steyn can get a fair shake, what's the problem?

Here's my bottom line: I don't accept that free-born Canadian citizens need the permission of the Canadian state to read my columns. What's offensive is not the accusations of Dr Elmasry and his pals, but the willingness of Canada's pseudo-courts to take them seriously. So I couldn't care less about the verdict - except insofar as an acquittal would be more likely to bolster the cause of those who think it's entirely reasonable for the state to serve as editor-in-chief of privately owned magazines. As David Warren put it, the punishment is not the verdict but the process. To spend gazillions of dollars to get a win on points would do nothing for the cause of freedom of speech: It would signal to newspaper editors and book publishers and store owners that it's more trouble than it's worth publishing and printing and distributing and displaying anything on this subject, and so it would contribute to the shriveling of freedom in Canada.

This is a political prosecution and it should be fought politically. The "plaintiffs" certainly understand that, ever since the day they went in to see Ken Whyte and demanded money from Maclean's. I want the constitutionality of this process overturned, so that Canadians are free to reach the same judgments about my writing as Americans and Britons and Australians and it stands or falls in the marketplace of ideas. The notion that a Norwegian imam can make a statement in Norway but if a Canadian magazine quotes that statement in Canada it's a "hate crime" should be deeply shaming to all Canadians.

This morning I spent 20 minutes mulling over a couple of offers for overseas rights to America Alone from the Islamic world. It seems that Muslim publishers from Turkey to Indonesia are more robust than Osgoode Hall law students. What a sad comment on the decayed Dominion.

Meanwhile, as I've said before, the best way to show support is to support the beleaguered publishers by taking out a subscription to Maclean's for you or a friend. US and overseas wannabe-subscribers have told us they're having a bit of difficulty getting the website form to acknowledge non-Canadian postal codes. If you have trouble, send us the details and we'll make sure Maclean's sort it out when the Subscription Dept wallahs return to the office on Christmas Bank Holiday First Thursday After Hogmanay, or whenever folks go back to work in Toronto.

Light a candle for free speech in Canada this Christmas. And if your tree catches fire and burns the house down, report it to the British Columbia HRC as a hate crime.    

 
The ethics of "Law Is Cool" Print E-mail
Steynposts
Saturday, 22 December 2007

Given that the law students of Law Is Cool support a "human rights" system that prosecutes you for blog comments, it is worth noting that its anonymous editors rewrite blog comments. Over at Ali Eteraz's site, David Reese points out:

They’re falsifying reader comments over at Simard’s blog, http://www.lawiscool.com./

Here, http://lawiscool.com/2007/12/22/steyn-fans-spam-law-is-cool/#comments, I wrote, “A question: given the remarks made by many in Canada’s Muslim communities toward homosexuals, when can we expect your complaints to the HRC regarding same?” My comment was edited to read, “A question: given the remarks made by many in Canada’s Muslim, Christian, Jewish, Sikh and Hindu communities toward homosexuals, when can we expect your complaints to the HRC regarding same?” Despicable.

Simard, whoever is administering the comments section on your blog is a liar. Is it you?

 

What is to stop the law students of Law Is Cool editing Mr Reese's comment to appear "racist" and then reporting him to the Human Rights Commission? Unlike the larky lads at Law Is Cool, I'm no lawyer, but I wonder if, in rewriting him to alter the clear meaning of what he says, Law Is Cool has not breached Mr Reese's "human rights"? If no apology and clarification is forthcoming, perhaps a complaint to the CHRC is in order.

By the way, M Simard's anonymous chums say we don't allow comments over here. They're welcome to send an e-mail to Mark's Mailbox and we'll reprint it as written. I would be particularly grateful if M Simard could address this question: Why did he and his fellow plaintiffs demand money from Maclean's?

UPDATE: By the way, I was tickled by this from the Law Is Cool nellies:

Steyn’s armies of Conservative bloggers have proved themselves a volatile bunch. Time for this site to move on...

Ah, I see. At Law Is Cool, the statute of limitations kicks in after 24 hours: Time to move on, people to see, blogs to run. But it's different when Daniel Simard demands his own Maclean's cover story in response to one six months earlier. If Law Is Cool is indicative of his nimbleness, I may do the cross-examination myself.

 
"Law Is Cool" not so cool Print E-mail
Steynposts
Saturday, 22 December 2007

I'd never heard of the Canadian law-school blog "Law Is Cool" until yesterday, when someone pointed out one of the complainants against Maclean's was posting on it. So I linked to it. They've now published "Steyn Fans Spam Law is Cool":

We’ve had over a thousand new visitors in the past 24 hours. We can track how people get to our site, so we know they are mostly readers of Mark Steyn or affiliated sites.

Part of Steyn’s expressed tactics include spamming government officials, media, and other figures. They have done the same here.

Comments for these posts will be closed. Irreverent comments will be retained, irrelevant ones will not.

You can call this as well an attempt to “stifle free speech;” instead, you have demonstrated that your supporters are a bunch of rowdy and immature trolls.

Just a couple of points. First, for "law students" these lads are extremely imprecise with their terms. "Spam" means I send out the same cheap Viagra pitch to a million e-mail addresses. The commenters they've decided to clamp down were responding individually to points made in the anonymous Law Is Cool post. That is not, by definition, "spam". A lawyer who doesn't understand language doesn't understand his own currency. Would you really want these guys handling your divorce or wrongful dismissal suit?

Second, re "part of Steyn's expressed tactics", that link is nothing to do with me. As Kathy Shaidle writes:

How about getting your facts wrong, like stating that the "Free Mark Steyn" blog was started by Mark Steyn when it wasn't? In fact, a five-second google reveals it to be the brainchild of the intrepid "binkie".

Third, what happened to all the macho swagger?

Since this is a tribunal affair, and not a case being brought by the Crown before a criminal court, Steyn’s freedom is hardly at stake.

Yet.

Suddenly you get a dozen comments and ooh, oh dear, we need to shut the comments section.

Which funnily enough is the heart of this case. Law Is Cool is your blog. If you don't want my "trolls" writing on it, that's your right.

Likewise, Maclean's is Ted Rogers' and Ken Whyte's magazine. If they don't want your guys writing on it, that's their right. 

 
The HRC bought my homework Print E-mail
Steynposts
Friday, 21 December 2007

An interesting point in a letter today:

I'm a former Canadian law student (now a lawyer in Toronto) and can't help wondering (based on my experience) if the law students who initiated this complaint are receiving any course credit for this exercise.

I don't know. This chap might be the fellow to ask. Also of interest: What the Canadian Human Rights Commission does when it's not investigating Maclean's. Presenting: beachesboy@aol.com vs drumsaremybeat@aol.com. 

 
Bachman-Steyner Underdrive Print E-mail
Steynposts
Wednesday, 19 December 2007

For disc-jockeys of my vintage, Tal Bachman is the son of Randy Bachman of the Guess Who and Bachman-Turner Overdrive, but he's also a popster in his own right, and in this post he reflects on a fun night at Conrad Black's pad in Toronto put together by our mutual friend Ezra Levant. Tal found himself called on to play a short set of songs as a kind of warm-up act to a few words by me re America Alone, and, although he says he didn't think he did particularly well, most folks who were there disagreed. He did a very pertinent Ray Davies elegy for poor lost England, a fine song of his own in pop-standard style called "Ain't It Grand", and rounded things out with his big hit "She's So High". I then took to the floor so distracted by Tal's set that I told a Ray Davies anecdote, said how much I liked the word "grand", offered a few rock'n'roll jests, and I don't think I ever got round to the global jihad or whatever it was I was meant to be talking about. "Could have done with a bit more on the clash of civilizations, old boy," John O'Sullivan said to me afterwards. If these litigious types at the Canadian Islamic Congress had any sense, they'd challenge me to a debate and throw me off with an opening Rodgers & Hart medley.

 
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