In the space of two days, two ridiculous decisions were made.
The first was a European court’s ruling that you cannot blaspheme Muhammad. A woman called Muhammad a pedophile because of his marriage to the six-year old Aisha. In 2011, an Austrian court convicted her of “disparaging” Islam and slapped her with a fine. She fought the conviction on several grounds. For one, her statements about Muhammad were absolutely factual. For another, she wasn’t defaming the prophet but rather debating him as a historical figure. Finally — and most importantly — even if she were defaming him, so what? Sacrilege and blasphemy should be perfectly legal.
The European Court of Human Rights (ECHR) upheld the Austrian court’s ruling, writing:
“Presenting objects of religious worship in a provocative way capable of hurting the feelings of the followers of that religion could be conceived as a malicious violation of the spirit of tolerance.”
Christ on a crutch. I realize the First Amendment doesn’t exist in Europe, but even so, this is a horrible dissent. Western societies outside America at least pretend to uphold some standards of free expression. Co-existing in a world with offense is something every mature person should expect. Here the court has made free expression a farce by effectively enforcing sharia (Islamic) law.
The second case was Youtube’s removal of an informational video on the historical Jesus uploaded by Anthony Le Donne. On his Facebook page Le Donne wryly notes that “it seems that historical Jesus research is now illegal”. Just last week one of my videos was blocked by Youtube, also for objectionable content; it was an All in the Family clip in which Archie Bunker explained why Native American Indians don’t vote (“they sell all their horses for booze and can’t ride into town”). Youtube has a history of being capricious, but when it starts banning mainstream historical research and a classic sitcom that won numerous Emmy awards, it shows the degree to which the collective mentality doesn’t care a whit about free expression.
Of course, in the case of Youtube, free expression has not to do with its First Amendment sense, which is about governmental censorship, and it goes without saying that Youtube is a private company and can legally ban whomever it wants (as is proper: their house, their rules). But that doesn’t mean it should. Private colleges can likewise silence students in ways that public universities cannot — but again, that doesn’t mean they should. Social media platforms like Youtube, Twitter, and Amazon are omnipresent and have a a virtual monopoly today over the means of online communication, and when they ban people like this, they set a precedent that is inimical to free expression in other contexts. If I were the CEO of Youtube, I’d fire the twits who censored those videos.
Shame on both the ECHR and Youtube.