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It is so very British—that "good taste" argument. But it brings at least two colossal problems along with it, once it is either effectively or informally enshrined in law. First, it fails to identify those moments when free speech must supersede good manners (as, for instance, when cartoonists get murdered for drawing cartoons). Second, it ducks the crucial question of truth. In an amazingly diverse society the remit of good manners has the potential to be so wide that the issue of what is true and what is not, let alone the ability to stand up for what is true against what is not, risks getting lost completely. It may simply become a numbers game. Or a decibel one.

And this is the part of Britain's free-speech problem that is most worrying. Because the idea of free speech which was nurtured in these islands by Milton and Mill, exported across the Anglosphere and perhaps best reinforced in recent years in America by Jonathan Rauch, was founded on the principle that free speech was needed not just in and of itself, but in order that good ideas should chase out bad ones. For centuries proponents of free speech centred their arguments not just on the validity of good speech but the necessity of true ideas.

In the days after Charlie Hebdo it struck me repeatedly that this notion was nowhere to be found in the British discussion. Television presenters and newspapers asked, "What are the limits of free speech?" and "Do we have the right to offend?" as though this was some national stab at a GCSE question. The point that was lost was precisely the one that the staff of Charlie Hebdo and Jyllands Posten knew. If you cannot lampoon bad ideas it means you can only lampoon good ideas. If you must refrain from insulting targets which might harm you then you will be limited to only insulting targets which are harmless. The problem then is not simply that you let bad ideas get a free pass; it means bad ideas have the opportunity to win.

That is why the Islamists have chosen their targets so wisely and so well. In a free exchange and free debate they will always lose. That is why they try to stop the debate. It is the purest fluke of Danish history that cartoons have become the battleground. It could just as well have been a novel, a film or a work of scholarship. What they are trying to stop—and are partly succeeding in stopping—is all of this and more.

Some of us have great confidence of victory in the realm of unfettered ideas. But it is striking how little confidence exists, and how much confusion there is, among those in power. Whether they are fearful of allowing the free debate to occur, dread its short-term rumbustiousness or genuinely fail to understand the nature of the challenges our society faces, this misunderstanding or loss of confidence is disturbing. When the Home Secretary Theresa May addressed the Conservative party's annual conference last autumn she proposed (having failed to prosecute various extremists under existing laws) the possibility of putting "banning orders" on extremist preachers. These would prevent them from speaking in public places. The tangle that a country's counter-terror laws must be in for such a thing to even be suggested is a subject on its own. Having failed to deport or prosecute notorious terrorists the one thing the government knows it can do is crack down on their right to speak.

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Sholto Douglas
March 12th, 2015
11:03 AM
Lucky that Victorian England did not have laws against giving offence, or Darwin would have been stopped in his tracks. Alas the Left have taken over the public sector (where else can you take a degree in Gender Studies?), so they get to control the narrative. We have reverse Darwinism, where those with the most intellectually and academically questionable qualifications end up with the most influence over the rest of us. Here in Australia that weapons grade jerk Tony Abbott has backed away from repealing our 'hate speech' law. Hate speech is not defined as incitement to hurt or kill, but merely saying something insufficiently flattering towards the fashionable victim groups. The West is f***ed.

newbold9
March 6th, 2015
1:03 PM
so right Douglas, when I think of all those young life's lost on the battlefield of Europe so we can maintain our freedoms, I find the treatment of this precious gift sickening. you can't have laws based on people getting upset.

amcdonald
March 2nd, 2015
8:03 PM
On the Pegida side of the demo in Newcastle the flag of Israel and the Union Jack were flying. On the much larger counter-demo fronted by millionaire George `Bradford is an Israel-free zone` Galloway there were no flags except for a Palestinian one . GG denounced Pegida as "Nazis". It`s true the speaker from Germany was an intelligent,young, beautiful,blonde female and GG isn`t. No country needs Islam,sharia,korans or muslims. Putin has at least stated this truth for Russia. In WW2 Stalin was a necessary ally.

observer
March 2nd, 2015
7:03 AM
The problem is that an essentially left wing (liberal or otherwise) view of free speech prevails. Free speech is seen as the right of the rebellious, marginalised, oppressed etc to speak out against "the establishment". In this one-sided view the establishment is, of course, right wing and determined to crush the left and dissent generally. To take one example: in speaking out against the real establishment those who are sceptical about climate change/global warming/AGW are increasingly labelled "deniers". The implication is that their opinions are so dangerous and outrageous that they must be silenced not debated. So called deniers are assumed to be right wing and establishment while environmentalists, however much power they wield, are the brave rebels.

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