Thursday, November 11, 2010

Drawing the lines

What do you do when you find that your most dearly held principles in conflict with one another? This seems to be happening to me a lot recently, in particular regarding free speech.

For example – where do you draw the line between free speech and incitement? Sometimes, it’s very obvious, other times, I’m not so sure.

Right after Israeli Prime Minister Yitzchak Rabin was assassinated (15 years ago this month) I remember here in Israel “incitement” was almost on par with what “communist sympathizer” was in America during the McCarthy era in the 1950’s. Anybody who dared utter a negative word about the recently-martyred leader, or his heir-apparent Shimon Peres, was seen as being on the same level as Yigal Amir, the murderer that pulled the trigger.

Side note for true story: at a bank in Jerusalem a couple of weeks after the assassination, a teller who had just finished with one customer called out “Who’s next” (very common in banks, post offices, etc. before everyone had a “Pick-a-number”). One guy yelled out “Shimon Peres” – and he was arrested.

Now, don’t get me wrong – I think that this guy’s joke was in extremely poor taste, and wasn’t in the least bit funny. But last I checked, there’s nothing illegal about that. People like that can and should be ostracized for thinking that political assassination is acceptable, or even in some way funny – but that doesn’t diminish their right to their views – no matter how disgusting those views may be.

At the time that Rabin was murdered, his popularity was extremely low, and the majority of Israelis (including many from his own Labor party) disapproved of how he was handling the peace process and the direction that the country seemed to be going. But for several months after the assassination, nobody would even dream of saying anything bad about Rabin. Most of the Israeli right-wing, and in particular the Settlers (those who live in what we call disputed areas) were terrified to express what they felt politically. They were all under society’s microscope and being told that they needed to a serious soul-searching because of what “one of theirs” did.

This lack of freedom of speech and expression at the time, created an atmosphere and mood in the country that was even darker than the assassination itself created. It was terrible.

But there is such a thing as incitement that does go beyond the realm of “Free Speech”. When people are encouraging, and even assisting others to violate the rights of others, to break laws, to undermine societal norms, then the line is a grey one, but there are times when hiding behind the skirt of Free Speech, just doesn’t cut it.

For example, one of the theories surrounding the Rabin assassination was that certain rabbis and other spiritual leaders whom Yigal Amir greatly respected, had told him that it was right to kill the Prime Minister, and that by doing so he would be performing a mitzvah (good deed/positive commandment). This does not take away in the least Amir’s responsibility for being the one to pull the trigger, and it should not lessen his sentence and punishment at all. BUT – if a rabbi, teacher, or whatever was inciting him to do what he did, then that’s not “free speech” and that person also bears a certain amount of responsibility.

Again – where do you draw the line?

This morning, I saw an article online about a book which had been for sale on Amazon.com which has since been removed after a couple of thousand people complained and threatened to boycott Amazon if the e-book wasn’t pulled.

Considering that book in question is called "The Pedophile's Guide to Love and Pleasure: A Child-Lover's Code of Conduct", my support of getting the book off of the shelves – virtual and real-life – pretty much goes without saying, as does my willingness to boycott anyone who would market such a book.

But you know what? Yes, I agree with Amazon’s decision to pull it, and yes, I support turning anyone who sells this into a pariah, it’s really not so clear cut. It’s a much a greyer area than at first I would have believed.

I am a huge believer in free speech and freedom to publish, as well as the freedom to disagree with anything that is said or written and the freedom to not buy a book that you find offensive or disagreeable.

So, if somebody wants to write a book about why they love doing that which is morally repugnant to what I hope would be all right-minded decent people, why should it bother me? I’m free to not buy his garbage and I’m equally free to talk, write and in any other way share with anyone that will listen why I think that he’s a sick monster.

But with this one, I can’t do that.

This one crosses certain lines that should never ever be crossed.

The issue isn’t simply that the book is promoting something that’s illegal. That in and of itself doesn’t really bother most people. Right? I mean, seriously – how much would anybody give a damn or threaten boycott if the book was about how to grow marijuana without getting caught, or use certain drugs without abusing them and endangering yourself and others?

But not with pedophilia.

The author, Phillip R. Greaves II, even tries to explain himself. He said in a phone interview with CNN that his book presents the proverbial do’s and don’ts of pedophilia. He provides what he sees as acceptable boundaries, and which lines one should never cross (for example, he says "Penetration is out. You can't do that with a child, but kissing and fondling I don't think is that big of a problem.")

In the Amazon.com product description, he explained that by appealing to pedosexuals’ better nature (no shit! He seriously wrote this!!), that if they follow his guidelines then there will be less public hatred of what they do and less harsh prison sentences.

Back to the whole free-speech thing – I will say that I completely support his right to truly believe this, and to say so. No question about it.

But to try to make acceptable and to encourage through publication of a book, perpetrating an act against victims that are helpless – No way. Forget it. That’s not freedom of speech.

If the book were about how to talk women (legal adults) into bed, I would still say that he’s a sick whackjob, but that would be less disgusting. The underlying assumption and understanding of why pedophilia is so completely unacceptable on every level is that even if children “agree” to such contact, it is not reasonable to assume that a child under a certain age or level of intellectual and personal development really understands what it is that he or she is “agreeing” to do (or to have done to them), or what the ramifications of it are.

Never mind the fact that in the heat and excitement of the moment, even a person trying to follow the so-called “guidelines” of kissing and fondling will almost never be able to put on the brakes and avoid crossing the line. Even when sexual activity with a child is theoretically “consensual” it is clearly taking advantage of a young person who really doesn’t know what the hell they are getting themselves into.

I’m no lawyer, so I have no idea if this would actually apply, but it seems to my layman’s mind that a book like this is actually guilty of conspiracy to committing a crime. Or aiding and abetting. I don’t know.

I do know that it is not practicing “free speech”. Period.

Practice free speech, and I promise to support your God-given right to be as wrong, as crazy and as down-right stupid as you want to be. But this isn’t it. Not by a long-shot.

13 comments:

  1. Hmmm. I've thought a good deal about this since making aliyah. Free speech boundaries here are curiously different from in the States. On the one hand, rabbis are allowed say nearly anything short of outright condoning murder; I certainly think that in the States, much of what the more radical rabbis say would be prosecutable. OTOH, Israel passes laws that would be deemed as trampling all over the 1st amendment if it were proposed in the States. As with all things here, laws are passed and/or enforced only according to political expediency. The disenfranchised (e.g. Arabs) are taken advantage of and the enfranchised (religious right) are catered to. It troubles me a great deal.

    ReplyDelete
  2. Chaim, I don't think that it's so clear-cut that the religious right get everythign they want and the Arabs are left with nothing. Particularly in the realm of free speech. We have Arab Knesset Members (and charedi ones for that matter as well) who, even though they are elected officials of the state, and drawing a very hefty salary as such, will publically deny the state's right to exist.

    At the same time, although 15 years have passed siince the Rabin assassination, the religious right still cannot publically denegrade his memory, his policies, etc. There are people who support what Yigal Amir did - and while I persoanlly find that absolutely sickening, they risk (still) prosecution if they publically say such a thing.

    Anyway - I don't mean to make it sound so simple in the other direction either. For me the real question is where (if at all) can and should one draw the line between "free speech" and "freedom of expression" and incitement, or whatever else. That uncertainty is what troubles me sometimes.

    ReplyDelete
  3. Note: I just went to Amazon.com to see who published this book (I was wondering if it was self-published), and the book is no longer listed on the site.

    (back to our regularly scheduled programming...)

    I have been going back and forth on my opinion about this subject ever since I read the article about it yesterday. I have to admit that I was surprised that any company agreed to publish it. (Hence, the checking about self-publishing.) While I have come to no conclusions about free speech I will say this about Amazon: calling it a free speech issue is cowardly on the part of the company. It is a privately owned company and not controlled by any outside influences over what it sells. Unless it sells EVERY book in publication (which it does not) then selling this book was a conscious decision on someone's part within the company, and taking it out of the inventory (or at least off its website) is also. I am glad that Amazon has made (IMHO), however belatedly, the right choice.

    ReplyDelete
  4. I think the general rule regarding free speech is that everything is permitted except when what is said will hurt someone. The pedophile book encourages adults to abuse children and therefore is not covered by free speech. The trick is defining what is it that hurts someone else. When the rabbis got up and claimed that Rabin should be treated as a 'rodeph' and should be killed, that is no longer free speech but incitement to murder.

    ReplyDelete
  5. If I remember correctly, freedom of speech has been limited in cases where committing a crime is being advocated. I wonder what the Attorney-General of the state in which Amazon is incorporated would have to say about this.

    ReplyDelete
  6. The pedophilia book is so beyond anything remotely acceptable that i don't know why you're deliberating about it. Do you have any idea the kind of damage sexual abuse of children has on their entire psyche, spirit, emotional balance? Victims of child sexual abuse suffer for their entire lives in so many different realms and often struggle with the daily task of waking up and having a normal relationship with oneself or one's partner. The damage is so deep, so permanently and profoundly destructive..... The idea that this can somehow be legitimized as long as there is no penetration is such a horrible twist of logic...Might as well have a book title, "How to kill children and get away with it". That would be the equivalent. Add a subtitle, "I'm okay, you're okay, don't worry about the kids".
    Revolting, i'm sorry. There are no grays here for me. It's like, no, you guys have some sick impulses, so just learn to control them. So upsetting, this whole thing.

    The guy in the bank, on the other hand, well, who the hell cares, really.... So he's an idiot. So he got arrested. Whoopi. I'm not losing any sleep over it....
    Elana

    ReplyDelete
  7. Nice comment Elana.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

    The first amendment establishes the right for individuals to have their own opinions, even if they go against the opinions of the government and estaablished religion.

    Confusing this book with freedom of speech is like confusing shooting children with the right to keep and bear arms.

    ReplyDelete
  8. @Elana - I do agree that this is a very upsetting subject; and I do know intimately the damage that sexual abuse to a child can cause throughout one's life. But not seeing the grays within the issue is just hiding your head in the sand. There have been many books that have been published about how to effectively commit crimes and have gone up through the (U.S.) court systems only to have the right to write, publish, and sell them confirmed. Unlike the issue of yelling "fire" in a crowded movie theater, no one is forcing anyone to read these books so that is not an analogous point. Also, telling pedophiles to just "control the impulse" is not helpful as it is also not an issue analogous to someone liking oranges and staying away - it is a psychological issue, not just a preference. I think it is important to discuss these issues; if they are just condemned, no education can come of that, and education on these subjects is needed - more than that, AWARENESS is needed and the inability or unwillingness to discuss (whether it be the subject, a book, or the lines within the legal system) stifle that.

    [I just re-read this comment and would like to add that I in no way mean any disrespect. It is a difficult subject for all in many different ways and I have in no way meant this as an attack against anyone.]

    ReplyDelete
  9. Elana - I agree with you regarding how beyond acceptable the pedophilia book is and of COURSE I understand and appreciate the damage sexual abuse does to its victims (I sincerely hope that you don't believe that this is an issue that I don't fully get). The reasons for it even being a question for me is twofold.

    First of all, several of the comments that I saw on the news story itself (cnn.com) were along the lines of "if you don't like a book like this, then simply don't buy it". A lot of the comments reflected an approach that said it doesn't matter what the topic is, freedom of speech and freedom of expression are paramount. Much of what went into the blog was a response to that, and unfortunately it's simply NOT as taken for granted as we would hope or think that it should be.

    The second reason for it even being a question (for me, at rate) is specifically related to that guy in the bank. Yes, he's an idiot. But the real question that I was trying to explore in the blog is where does one draw the line between freedom of speech/expression and breaking the law or presenting a threat.

    Being an idiot is not a crime. The fact that somebody was arrested for a tasteless and idiotic attempt at humor does concern me - exactly because of the question - where do we draw the line?

    It is precisely because not everything is so clear-cut (at least in your mind and mine) as the pedophilia book that the issue of the guy in the bank is a relevant one.

    Anyway, that's my personal take. I understand (and respect) that you disagree.

    ReplyDelete
  10. You said:
    "Even when sexual activity with a child is theoretically “consensual” it is clearly taking advantage of a young person who really doesn’t know what the hell they are getting themselves into."

    There is NO theoretical consensus in sexually molesting a child. Not theortical, not hypothetical, not by any legalese whatsoever. Children have no ability to consent. This is something they (we) have to learn many years later; that we couldn't have stopped it, there was never a choice. Please be careful to stay on your point (free speech), and don't venture into a sick and inappropriate subject leading us away from your point.

    ReplyDelete
  11. That is exactly my point, and exactly why I thought it relevant to include it in the blog.

    Because we are dealing with children - pubescent and prepubescent - even when the child "agrees" to the contact (and we are kidding ourselves if we pretend that that never happens), that does not make any activity of the sort "consensual".

    I used the word "theoretical" because there are those who would say that if the child agrees, that in theory it was "consensual".

    My point was that it isn't. No matter what.

    I don't see that as "venturing into a sick and inappropriate subject" leading you away from my point.

    ReplyDelete
  12. You know what? Raw nerve. Nevermind.

    ReplyDelete
  13. Fair enough. It was never my intention to open sore spots.

    ReplyDelete