Help, I’m being persecuted: Hypocrisy and free speech

Trans

Trans activists in Mexico City protesting violence against LGBT people and sex workers, August 13, 2011. Photo: Alfredo Estrella for AFP

In long years of human rights work, I’ve seen plenty of hatred inculcated and discrimination enforced; but I can’t think of anyone more fitting the profile of les damnés de la terre than trans people and sex workers. Bearers of those identities (of course they often intersect) risk arrest almost daily across nine-tenths of the globe; police, if they don’t throw them in prison, can shake them down or rape them with impunity; on streets or in private places violence menaces their bodies constantly; the media mocks them, mutes them, fetishizes them, but mostly vilifies them; stigma, chasing them through life, bars them from jobs or homes or education; they die because health care systems ignore their needs; they die because people slaughter them. Why? Why are they hiding their lights under a bushel? For in fact, trans folk and sex workers are probably the most powerful people on the planet. They submit pliantly to these indignities in modesty or masochism, like Clark Kent letting bullies rough him up in front of Lois Lane; but with one flex of their superstrength they could blow us all to smithereens. Professors at world-famous universities, columnists in major newspapers, politicians, novelists, heads of NGOs all cower at the wrath of the raging sex worker with her scything fingernails, and tremble like skittish jellyfish at the earthquake clack of a trans woman’s heel. It just shows: things aren’t always what they seem.

This, I’ve learned from the hoopla over a recent letter to the UK Observer: “We cannot allow censorship and silencing.” Signed by dozens of those professors, columnists, and leaders, it says that sex workers (whom it calls “the sex industry”) and trans people (Beatrix Campbell, the screed’s lead author, has termed them “transgender vigilantes”) are behind “a worrying pattern of intimidation and silencing of individuals whose views are deemed ‘transphobic’ or ‘whorephobic.’” They scheme “to prevent the expression of feminist arguments critical of the sex industry and of some demands made by trans activists.”

These tactics [are] illiberal and undemocratic. Universities have a particular responsibility to resist this kind of bullying. We call on universities and other organisations to stand up to attempts at intimidation and affirm their support for the basic principles of democratic political exchange.

What’s most horrifying is: some trans people and sex workers answered. They pointed out that the people behind the letter have their own history of silencing sex workers and trans people. (Just one example: Campbell herself proposes that the UK’s National Union of Students should remove trans women – who practice “cultural conservatism and anatomical violence” — from its women’s sections and services. She’s outraged that the Union’s “solidarity does not extend to women who feel unsettled by the presence of people who used to be men in women-only spaces and services.”) Saying back-at-you like that, of course, censors and silences even more. These vigilantes prove the point! Some of the letter’s signatories had to endure the monstrous indignity of people Tweeting at them. Two days after the letter appeared, the right-wing media giant Breitbart bore the headline:

The face of victimhood

The face of victimhood

Persecuted, mind you. Never mind trans people imprisoned or sex workers raped: This is what a victim looks like. The evidence? Tatchell (whom Breitbart called “an unlikely conservative hero … with his views on extremist Islam”) “received ‘100s of hate mails’” for signing the letter. That’s how the worst regimes, Egypt and North Korea and Iran, abuse their most obstreperous dissidents to break them: They send them e-mails. I’m sure Peter Tatchell tried to withstand the torture, but everybody cracks. Lest anyone think Breitbart was exaggerating these brutalities, Tatchell himself tweeted his agreement:

Screen shot 2015-02-17 at 4.21.06 PMTatchell says he is a human rights activist, so he must know what persecution is. Now the UN has to amend its international treaties, to ban torture, inhuman treatment, and spamming.

Cyberbullying is real. Yes, some people’s careers or livelihoods have been damaged by Twitter storms. But none of this letter’s signatories have suffered in the slightest. Tweets have not yet forced Peter Tatchell’s employer, the Peter Tatchell Foundation, to dismiss Peter Tatchell. Not everyone lets insults feed their self-pity. (I’ve faced online vitriol too. Last year, for instance, I helped organize a Twitter campaign to support Amnesty International’s emerging stance on sex work; a whirlwind of radical-feminist Tweets called me a “pimp.” I was annoyed. I wasn’t “persecuted.”) Most Tweets I’ve seen in this brouhaha were questions or criticisms, not “bullying.” Yet one trans person got attacked for “verbal violence” just for posting this:

Screen shot 2015-02-17 at 8.07.27 PM

As someone else tweeted to Tatchell:

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As Sara Ahmed explained in an excellent rumination on the controversy,

The presentation of trans activists as a lobby and as bullies rather than as minorities who are constantly being called upon to defend their right to exist is a mechanism of power. … These dynamics are familiar to me from my work on racist speech acts (racism is so often defended as freedom of speech). Racists present themselves as injured/ under attack/a minority fighting against a powerful anti­racist lobby that is “busy” suppressing their voices. … We need to hear the constant stream of anti­trans statements as a “chip, chip, chip” that has violent wearing effects. Any feminism that participates in this chipping away is not a feminism worthy of that name.

Of course people protested against this letter. It is deeply offensive in so many ways. I protested too: I felt deeply enraged by it. But … those who protest against the letter will be understood as the harassers. Mark my words! The protests against the letter can then even be used to confirm the truth stated by the letter; this is what is generative about it; that is how it is working.

“All transmisogyny in feminism is a patriarchal tendency.” Brazilian street poster: Photo from madmaria.org/ ?p=198

Is anything about the Observer letter true? Is “free speech” under threat? The letter cited exactly four alleged cases where “transgender vigilantes” and the “sex industry” shut down speech.

FIRST: The most ambiguous incident is “The fate of Kate Smurthwaite’s comedy show, cancelled by Goldsmith’s College in London last month.” Smurthwaite, a stand-up comic, is also a sex-work eradicationist; she thinks prostitution should be wiped out. What happened to her Goldsmith’s gig is in no way clear. Smurthwaite says it was stopped by pro-sex-work feminists (or, as she prefers it, pimps and punters). But — I get this from her own blog — she has only one bit of evidence anybody opposed her: a message she saw on the Web, from a feminist student at another university, suggesting a picket. (It proposed a protest, not canceling the show. The moniker’s blacked out by me.)

Evidence adduced by Kate Smurthwaite of threats against her show

Evidence adduced by Kate Smurthwaite of threats against her show

In fact, the University’s student Feminist Society had voted 70-30 to co-host her show. There were no threats. The head of the Comedy Society, the student group that was her main sponsor, writes that “One [Feminist Society] member suggested a counter event for those who didn’t want to see Kate. This member assured me it wouldn’t be a picket, but just a different gathering at a different venue.” The dire warnings of disaster came solely from Smurthwaite herself (she “let the organisers know that I thought there was a risk of a protest or of people coming along to the show with the specific aim of disrupting it or arguing with me”). Meanwhile, nobody was buying tickets. The Comedy Society president says, “we were planning to go ahead with the gig until Kate told me 24 hours before that there was likely to be a picket … I couldn’t verify this. Up to this point we had only sold 8 tickets so I decided to pull the plug.” It’s hard to avoid suspicion that Smurthwaite, faced with an underselling show, avoided that embarrassment by arranging her own cancellation. She certainly got free publicity galore, tweeting:

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Rupert Myers writes for the Telegraph (in an article quite sympathetic to other censorship claims):

A comedy society was going to hold an event, it received tepid response, and it decided that it wasn’t worth the hassle … “No platform” is a dangerous approach to controversial ideas … but this incident was more like “no interest.”

Smurthwaite: Bet you I have more fingers than I do audience members

Smurthwaite: I bet I have more fingers than I do audience members

SECOND: The letter says, “Last month, there were calls for the Cambridge Union to withdraw a speaking invitation to Germaine Greer.” Greer, a writer I’ve found alternately inspiring and infuriating, has strong opinions against trans women: “ghastly parodies,” she’s called them. She regards them as gay men (never mind who they might be attracted to); she’s campaigned to get a trans woman ousted from a Cambridge University women’s fellowship for not being female; she allegedly has refused to contribute to anthologies or appear on platforms if certain trans people are represented. Nobody wrote open letters about that. 

Greer back then: I like men too, as long as they're cis and safe and don't steal my clothes

Greer back then: I like men too, as long as they’re safely cis and don’t borrow my clothes

This time, the Cambridge Union Society invited her; in a special snub, they scheduled her speech at the same time as a regular drinks event held for the Union’s LGBT+ group. Students asked the Union to rescind the invitation; they declined. The LGBT+ group then set up a counter-event “to celebrate and discuss the history of trans feminism, and think through how feminism can be made more trans-inclusive.” That sounds like just the kind of “democratic political exchange” the letter signatories claim they want. At Greer’s own talk, according to the Cambridge student newspaper, ”there were few signs of protest except for a few LGBT+ representatives handing out leaflets at the door.” Greer had her platform, and urged an end to surgeries and medical treatments for trans people during transition — she denounced them as “unethical.” No one got silenced or censored here.

THIRD: Most absurdly: The letter says “the Green party came under pressure to repudiate the philosophy lecturer Rupert Read after he questioned the arguments put forward by some trans­ activists.” (What Read wrote, and later apologized for, was that trans women are “a sort of ‘opt-in’ version of what it is to be a woman.”). This is duplicitous. Trans activists didn’t react because Read’s a philosopher, but because he is a Green Party candidate for Parliament; they pressed the Greens to take a stand. As a politician, Read’s thoughts have implications. How would he and the Green Party vote on revising the UK’s Gender Recognition Act, for instance? Are political parties exempt from saying what they believe? When a Republican running for the US Senate alleged that women survivors of “legitimate rape” don’t get pregnant, feminists across the country demanded the Republican Party declare whether it agreed. Now the feminists behind the Observer letter are saying that was an assault on poor Todd Akin’s freedom. This is political insanity.

Candidate Rupert Read: If you feel a surge coming on, please go only to the bathroom of your birth gender

Candidate Rupert Read: If you feel a surge coming on, please go only to the bathroom of your birth gender

FOURTH: Oh, yes, “The feminist activist and writer Julie Bindel has been ‘no­platformed’ by the National Union of Students for several years.” Bear with me. One must draw breath before dealing with Julie Bindel; I’ll go there in a moment.

But consider the facts: trying to establish an evil sexworker-trans axis against free speech, Campbell and Tatchell and the rest found virtually nothing. The basis for the letter is BS. What is true is the level of sheer self-contradictory hypocrisy in their claims.

There are ample examples of this hypocrisy, but I’ll just focus on a few. One of the letter’s signatories (gay novelist Paul Burston) and one person it’s about (Julie Bindel) were among 12 gay activists who wrote a statement in 2011 that was a prime case of “no-platforming.” They demanded the East London Mosque “stop allowing its premises to be used to promote gayhate campaigns” by banning a list of speakers they helpfully provided. Peter Tatchell wasn’t party to that statement but had long campaigned against the East London Mosque. In a separate article the next day, he complained the mosque “never apologised for hosting homophobic hate preachers and have never given any assurances that they will not host them again,” though Tatchell had “publicly demanded that they do so.”

This is far severer “censorship” than those elusive proto-protests against Kate Smurthwaite that roused Tatchell’s and Campbell’s ire. These statements didn’t call for cancelling shows or lectures at a university, events where a diverse audience might take offense; they intruded on places of worship, sites particular to a community, institutions in no way obligated to represent opposing points of view. This is the kind of thing you can only advocate about Islam, because in the UK it’s known to be a public menace, requiring vigilant surveillance. Feminists complain, rightly, at the Catholic Church’s militance against reproductive rights; but imagine the uproar if they insisted that it ban all anti-abortion priests from its altars. With Islam, it’s open season.

Who's in there? The East London Mosque and London Muslim Centre, Whitechapel

Who’s in there? The East London Mosque and London Muslim Centre, Whitechapel

Their rationale for this remarkable demand was the same one the Observer letter mocks when trans people use it: These speakers make us feel unsafe. They opportunistically exploited a moral panic over an alleged burst of homophobic violence in East London, coupled with the trial of a Muslim man for putting up stickers that read “Gay Free Zone.” (Bindel and Burston dubbed his solitary stickering a “homophobic hate campaign.”) The excellent blogger How Upsetting noted that “Homophobic crime has decreased in Hackney.”

And before anyone tells you that this means nothing because it’s a huge figure nonetheless, the 47 homophobic crimes the MET reports to April 2011 in Hackney compares with 317 racist and religious hate crimes, 130 rapes and 5900 cases of “violence against the person.”

No evidence suggested a link between hate crimes, stickers, and the East London Mosque — which had condemned both. The writers virtually admitted banning the speakers would have no effect: “It is doubtful that many gaybashers are regular mosque attendees.” And many of the “hate preachers” were accused on flimsy pretexts. Tatchell’s article condemned one preacher, Uthman Lateef, as “virulently homophobic.” The joint statement gave more detail on Lateef,

who even hosted a gala dinner to highlight the Mosque’s supposed commitment to combatting homophobia earlier this year [but] is on record as saying to students at nearby Queen Mary University of London in 2007: “We don’t accept homosexuality… we hate it because Allah hates it”.

Read that again. Four years ago, he said “We don’t accept homosexuality”; but this year, he hosted an anti-homophobia event to make amends. Yet that’s not enough; he’s marked for life, and we’re going to get him banned not just from universities, but in his own community. Try doing that to Germaine Greer! This is “illiberal bullying” far beyond anything Tatchell and Burston piously decried in the Observer. Except here, Tatchell and Burston are doing it.

Hate preaching, I: Uthman Lateef

Hate preaching, I: Uthman Lateef

This censoriousness is ubiquitous in the UK, with nary an open letter against it. Earlier in 2011, for instance, Tatchell tried to no-platform “Muslim fundamentalist preachers who advocate the criminalisation of homosexuality”: “The Ibis Hotel group,” which was hosting a  Muslim conference, “should not facilitate speakers who promote homophobic discrimination and violence. They should cancel this booking.” The charge of “promoting violence” is elastic. After all, Uthman Lateef’s alleged statement “We don’t accept homosexuality” hardly incites anything specific. Even preachers who endorse the shari’a punishment of death for proven male homosexual acts (very unlikely to be enacted in the UK) are not exactly urging violence on the streets. But you have to wonder. That call is barbarous — but should only homosexuals be exempt from execution? Are we gays so special? Isn’t the death penalty always a barbarous human rights abuse? Shouldn’t Tatchell, a human rights activist, demand all death penalty supporters be barred from speaking, anywhere? That would ban Priti Patel, David Cameron’s Treasury Minister, who wants to bring back hanging. (OK, she’s brown, go ahead and ban her.) It would ban all the other Tory MPs who tabled a bill to the same end. It would ban almost every visiting US politician, from Barack Obama to Hillary Clinton. Tatchell and Burston should get busy writing the open letter that calls for no-platforming these people, so that Burston and Tatchell can then write the open letter that opposes it.

Hate preachers. Top: English Defense League demo against the East London Mosque (photo: Jess Hurd/Reportdigital.co.uk). Bottom: English Defense League march in Telford, August 2011 (photo: MirrorImage/Demotix)

Hate preaching, II. Top: The fascist English Defence League protests the East London Mosque (photo: Jess Hurd/Reportdigital.co.uk). Bottom: English Defence League march in Telford, August 2011 (photo: MirrorImage/Demotix)

Then there’s Tatchell’s own record. Peter dislikes criticism. (He calls it “smears.”) In fact, he thinks criticizing him is censorship. (“The real censorship is by my critics. Some of them are posting entirely false allegations, often on closed lists that do not allow me to post my side of the story.”) When people criticize him, he tries to shut them up by threatening to sue. English libel law, which until revised in 2013 put the full burden of proof on the defendant and was among the most repressive in the world, handed him a potent weapon. In 2009, he threatened to sue a small feminist press (the aptly named Raw Nerve Books) that had published one of the UK’s first anthologies on race and queerness. An article in the book, by three academics of color, criticized Tatchell’s connections with the Islamophobic right. Tatchell forced the press to withdraw the whole anthology. Humiliatingly, he compelled them to publish a pages-long “Apology and Correction to Peter Tatchell,” written by Peter Tatchell, that praised Peter Tatchell’s career in wildly adulatory terms — a weird, narcissistic exhibition. (Tatchell’s paean to Tatchell is now only available on his own site, since the press is out of business.) “A really amazing book is being censored,” another academic wrote: “Meanwhile the authors’ reputations are themselves besmirched.”

The same year, Tatchell went after me. He threatened to sue Routledge, which had published a peer-reviewed and factual article I wrote, critiquing claims he made about Iran. (The article is here.) Then in early 2010, I stupidly sent an email to a third party in which I wrote, offhand, that “Tatchell makes up his own facts when the existing ones don’t suit.” (That’s a paraphrase; here in Cairo I don’t have the text in front of me. It’s also the truth.) The recipient inadvertently forwarded these unwise words to Peter. Tatchell leapt on them, and, since I’d sent the offending missive from a work address, threatened to sue Human RIghts Watch. HRW was eventually constrained to sign an apology which Tatchell couched in the most sweeping terms possible, a decision to which I reluctantly assented to keep their UK work free from his legal harassment. Tatchell then used that apology to force Routledge to concede, and pulp not just the article but the entire volume in which it had appeared.

Nor did it stop there. In 2011 I forwarded to an LGBT e-mail listserve, without comment, two blog posts by other people — both mainly about the Middle East but containing critiques of Tatchell’s work. (The e-mail’s here.) The next day, one “Patrick Lyster-Todd, Lieutenant Commander Royal Navy,” who was also “the acting General Manager for the Peter Tatchell Foundation,” wrote to the Dean of Harvard Law School, where I was a Visiting Fellow, with a veiled threat of libel action unless I were fired. Legal threats against smart lawyers are ill-advised, and the school told him (I’m paraphrasing here too) to bugger off. In 2013, Peter wrote to a friend of Hillel Neuer, a pro-Likud propagandist some of whose misrepresentations of Egyptian human rights activists I had detailed. Tatchell urged Neuer to take “legal action” against me. (This time the e-mail was inadvertently forwarded to me. Be careful with those keyboards, people.) Tatchell has an odd, obsessive fixation on me, which is a personal issue. His use of a draconian libel law to shut down speech is not. He now hypocritically claims (in Twitterese) “I defend precious human right of free speech, except 4 violent incites.” But that’s not true. He defends precious human right when it is good 4 him. Criticize, & he will make u sorry 4 it.

There are standards. See?

1) It’s utterly wrong if trans or sex worker activists no-platform speakers with transphobic or eradicationist opinions.

2) It’s absolutely right if gay activists no-platform speakers with homophobic opinions.

3) It’s wonderful if one particular gay activist uses the law against anybody criticizing his opinions.

Sex wars: Anonymous stencil

Sex wars: Anonymous stencil

But let’s face it, these are only local hypocrisies. The great dishonesty is claiming you’re being “silenced,” while trans and sex worker activists have mostly been the ones repression stifles and gags. This history stretches back to the sex wars in feminism that raged from the 1970s. When Barnard College held a famous, feminist sexualities conference in 1982, other feminists — fulminating at open discussions of porn and sex work — charged it was a coven of child pornography, in a furious push to shut it down. Trans researcher Natacha Kennedy wrote this week:

The so-called “feminists” who wish to initiate a debate about my existence have glossed over the nature and history of this “debate.” This is a debate that has raged since the early 1970s and which quickly became violent. …  [Feminist theorist] Janice Raymond publish[ed] a book in which she suggested that people like myself should be “morally mandated out of existence.” She also helped the Reagan government to withhold gender reassignment healthcare from trans people.

[T]hose transphobic “feminists” who wish to debate my existence are a group that has a long and sordid history of silencing and intimidating trans people. Indeed I invariably attract quite extreme personal abuse online whenever I write something to counter what these transphobic “feminists” have written. They provide no counter-argument, no engagement with the issues I raise, just abuse and occasionally threats. And I count myself lucky, others have been threatened with legal letters from solicitors trying to shut them up, some have had letters written to their employers, trying to get them sacked, in one instance a transphobic “feminist” even tried to intervene in someone’s medical treatment.

Cathy Brennan, a US lawyer, viciously harasses trans women through her website, Gender Identity Watch: in one case, she posted online the court docket information of a person trying to change her legal gender, and urged others to lobby the judge to deny her. Another, even more sadistic radical-feminist site “monitors” and outs trans youth, regularly posting names and photos of “who is transitioning.”  Maybe these are marginal; maybe not. Their acts are more terrifying to their targets than anything Kate Smurthwaite underwent. Why isn’t Bea Campbell cooking up an open letter?

And sex workers? The harassment they face is endless. Opponents accuse anti-criminalization campaigners of trafficking, or dub them a “pimp lobby.”

Screen shot 2015-02-18 at 2.51.25 AM

This month anti-sex work groups in the UK published a “Guide for Journalists Reporting on the Prostitution and Trafficking of Women,” written by (there you go again!) Julie Bindel. The book aims to discourage journalists from talking to or trusting sex worker activists: “How to identify the pro-prostitution lobby.” A recalcitrant reporter at a Stop Porn Culture conference last year wrote that “radical feminist Julie Bindel’s presentation on ‘the politics of the sex industry'” was “a succession of tabloid-style personal attacks on pro-sex industry activists, academics, escorts, and performers, complete with photos seemingly lifted without permission from their social-media profiles.” It’s a two-pronged media strategy: first, make sex workers invisible; if that fails, out them. Either way, you shut them up.

The whole point of the Observer letter is to bury these facts and this history. This controversy has been less about speech than about forgetting. I”m not sure anything can be learned from such an episode of erasures. But as I mulled on it, four thoughts flickered though.

First: Free speech is easy in principle and complicated in practice. It’s an absolute ideal (an ideology, I’d say, if the word weren’t so weighted): something people hold up and value and use to judge acts and situations. But everybody knows that absolute free speech — a cacophonic babel where everyone talks at once and everybody’s heard — doesn’t exist. (Twitter pretends to be that, hence some folks’ passion for it. But the point is precisely that with everyone on Twitter talking, most don’t get heard at all. And just try Tweeting if you live in Egypt and earn two dollars a day.)

There are always limitations, some necessary (climate-change denialists or creation scientists should not be attended to in University departments) and some unjust (why should a gigabyte of WiFi cost a day’s food?). We negotiate what “free speech” means in specific situations. We decide what limit we’ll contest, who we’ll pay attention to, who gets a lecture slot, who sits on a panel. And when we decide, others should be able to argue back. These negotiations always involve power. Power (“privilege” is the trendy term) is also never absolute. There are different kinds, and race, gender, knowledges, class all shape it differently. Everyone has power in some ways and spaces, and people who have a lot can always point to times and places where they have less (or more). It’s absurd to suppose that Germaine Greer has as much power as David Cameron. But it’s ridiculous to pretend that a few students protesting Germaine Greer have as much power as Germaine Greer. It’s demeaning to posit that academics and politicians and NGO heads are helpless victims in the face of street sex workers or trans women whom police freely abuse. It’s insulting to claim “persecution” because you got too many Tweets from people who actually know what persecution is.

freedom-of-speech-megaphone2Second: Universities are separate and special places for producing truth: unique sites where we negotiate what free speech means. They are not places of “democratic political exchange,” and they never have been (though there may be democratic spaces within them, the freest usually being ones students establish). People in universities spend much of their time and energy deciding who should get to speak, sometimes fine-tuning fairer procedures for decision. Then sometimes other people protest their decisions. These aren’t Platonic paradises where the free-speech ideal effortlessly becomes flesh.

Bernard Lewis as drawn by the Spectator (UK). Turks may notice the resemblance to Suleyman Demirel.

Bernard Lewis as drawn by the Spectator (UK). Turks may notice the resemblance to Süleyman Demirel.

Most obviously, faculties constantly decide what can be taught or not. No decent university will hire someone to spread creation science or Holocaust denial. The second offends a lot of people, the first probably doesn’t rouse real ire except among dinosaurs, but that’s not the criterion. Those opinions won’t get class time because they’re not true. Yet the decision about what’s true does involve power, and there are steady struggles over it. Vast Turkish massacres of Armenians during the First World War — the word “genocide” hadn’t been coined yet — are well-documented. Yet many scholars still minimize or ignore them. Bernard Lewis, the immensely powerful Middle East scholar much beloved of neoconservatives, is a genocide denier. There are probably Armenian right-wingers who would say this discrepancy is because the Jews have power and the Armenians don’t, but they’d be wrong. The problem is, rather, that the Turkish government has power and uses its weight to cover up the killings, while most European states that murdered Jews have, imperfectly, come to terms with their guilt. Many foreign historians working on Turkey succumbed to unsubtle pressure to steer clear of the genocide, because their access to institutions and archives was at stake. All this is shifting  — partly because US conservatives are far less fond of Turkey; but also because Armenian activists have pushed, pressured, and sometimes protested to get their stories (and their ancestors’ stories) heard. Truth comes from negotiating such contests; it doesn’t descend immaculate from on high. Bernard Lewis is almost 100 now, and no one wants to trouble an old man, but if in his heyday Armenian groups had promised to shout him down in public till he changed his claims, I would have applauded. That would have been an opening of debate, not a closure.

Child refugees from massacres by Turkish troops: Photo from the Armenian Genocide Museum-Institute in the Republic of Armenia

Child refugees from massacres by Turkish troops: Photo from the Armenian Genocide Museum-Institute in the Republic of Armenia

Then there’s the part of the university not under the faculties’ direct control. Student union “no platform” policies are much fought over. Several things should be clarified. These are policies of student unions, not the university administration. Students vote on them. They identify certain groups or even people whom the union won’t admit to its platforms. Their origins lie in a long tradition of working-class struggles against fascism (UK student unions are unions, after all). The National Union of Students no-platforms the English Defence League and the British National Party, but also several Muslim groups, including Hizb ut-Tahrir. Its LGBT section has voted to no-platform Julie Bindel.

Anti-fascist demonstrators at Cambridge University protest outside a speech by French rightist Marine Le Pen, February 2013. Photo by Justin Tallis/AFP

Anti-fascist demonstrators at Cambridge University protest outside a speech by French rightist Marine Le Pen, February 2013. Photo by Justin Tallis/AFP

No one — even among the advocates behind the Observer letter — seems to mind no-platforming fascists. Commentators are confused, though, over why fascists can be banned. Sarah Ditum, in an article defending Julie Bindel, claimed no-platform “was traditionally about rejecting the rhetoric of violence.” But surely the objection to fascism was less that it was violent than that it was fascism: racist, exclusionary. (Hizb ut-Tahrir is barred even though it has vowed a commitment to non-violence, and nobody on the right complained about that.)

Nick Cohen similarly contends that only ideas that “incite violence” should ever be no-platformed, anywhere. Yet – as the East London furor shows – very few who think this are willing to stick to any consistent or legal definition of “incitement”: that is, encouraging particular acts against particular people. Somebody saying “I don’t like you” is incitement enough in their minds. After all, Julie BIndel believes pornography, all pornography, incites (or is) violence. They use the incitement argument not as a heuristic tool, to winnow “good” speech from “bad” speech, but as an emotive spur, to whip up fear and anger against speech they don’t like.

In other words, hypocrisy once again riddles these arguments: No-platforming for thee, but not for me. But let’s admit two things. First, these student bans aren’t “censorship.” As trans activist Sarah Brown writes, “No platforming sounds terribly serious. In reality, it basically means, ‘we won’t invite this person to our stuff, and we won’t appear on the same platform as them.'” Having no platform at the student union doesn’t mean having no platform at all. There are other platforms in the university; there are platforms outside. Everyone has the right to seek a platform from which to speak; that doesn’t mean an absolute right to any platform in particular.

For student groups, no-platforming resolutions are a way of putting some opinions under the shadow of disapproval. I find no-platform distasteful, like most symbolic gestures. It gives people the warm feeling of fighting something, with little effort or impact at all. I think it should stop. But to confuse it with state suppression of opinion, with Iran or North Korea, is to lose all proportion.

Music to my fears: London protest against Russian conductor Valery Gergiev, over his political support for Vladimir Putin, November 2013

Music to my fears: London protest against Russian conductor Valery Gergiev, over his political support for Vladimir Putin, November 2013

Then: in our societies, groups censure or ostracise some opinions all the time. A great victory was won, in many places in the last 50 years, through the valor and vigilance of many movements. Some racist ideas became socially and politically unacceptable: not banned (though their expression is in some countries) but met with such disapproval as to disqualify you from public life. When a US politician shouts a racist slur, his career is over. Now there’s a steady struggle to bring other kinds of prejudice under the same penumbra. And gays and lesbians are at the fore, protesting and reviling. It’s like no-platforming, only played not in student unions but on larger fields. Getting the CEO of Mozilla fired because he fought gay marriage takes away a platform way bigger than Julie Bindel’s wildest dreams. Gay activists in the US, the UK, and elsewhere have militantly patrolled the limits of acceptable language and opinion. To tell trans people and sex workers that they can’t similarly fight back is, from this perspective, like saying gay rights are a settled issue, whereas their rights must stay open to debate. It’s the gays pulling up the drawbridge behind them. You’re surprised folks get angry?

I’m sometimes uneasy, even appalled about these wildfire campaigns (a clicktivist drive to fire a CEO is a diversion from fighting poverty or inequality), but they’re not “censorship.” Free speech is a struggle. Voices left inaudible (the powerless on one hand, the just-plain-wrong on another) are in constant contention with the ones behind the megaphones, to make themselves heard.

Much of the horror over who gives a lecture and who doesn’t draws on a fantasy version of how speech works. You’d think each of Earth’s six billion residents was guaranteed a speaking slot at Oxford each semester, and if one loses it, it’s censorship. It’s not. Each time a speaker is invited somewhere, it’s because somebody decided not to invite someone else. Usually these zero-sum contests are settled behind closed doors. But when a decision becomes public, the public can contest it. No university can hear all voices; the more discussion about which ones it will accomodate, the better. These arguments make that discussion open. They aren’t how free speech is suppressed. Often, they’re how it happens.

censorshipThird: What is censorship? The Observer letter leaves me hopelessly confused. Is it when you’re not invited to speak? When no one shows up when you speak? When someone protests your speaking? When somebody complains?

Censorship is none of these. Censorship is suppressing speech, usually by punitive or repressive force, with the intent to eliminate it altogether. People need to get their definitions straight. When a government closes a newspaper, jails a journalist, or passes an anti-pornography law, that’s censorship. When a person employs a draconian state law to threaten or silence speech, that’s censorship. (Peter Tatchell, with his exploitation of a grim libel law, is a censor.) If TV networks conspire to ban some opinion from the airwaves altogether, that’s censorship. Violence can be censorship. But protesting a program or demanding it be dropped is not censorship. Neither is picketing a lecture, or writing to a political party, or not being allowed on an e-mail listserve. You’re not being censored if you lose a platform and can find another: if the Guardian won’t publish you and the Independent will. The proliferating pseudo-dictionaries make it impossible to muster indignation against real censors.

Sex workers protest against violence, Vancouver, Canada, 1984

Sex workers protest against violence, Vancouver, Canada, 1984

Fourth. The one thing everybody in this controversy says is: they want more speech. Being human, they mostly don’t mean it. They want speech from those on their side, that’s all. But this does foreground the question of how we foster and further speech: how any of us, from polemicists to outside observers, can work so as to ensure that voices often relegated to silence are heard.

There is no easy answer, but I should say the beginning is: listen. And here I return to Tatchell, because what he’s written is instructive. Peter was hurt and indignant that trans people criticized him, because, as he kept saying, he’s fought for them for years. He’s right; he has. But as I keep saying to Peter — it’s one of the reasons he doesn’t like me — it’s not enough, and sometimes it’s not right, to fight for people. You have to be an ally, not a leader; to fight with them (at times, in all senses of the phrase); and you have to listen.

One reason trans people got angry at Peter in this twitter storm is that his reactions to criticism were infuriating. He patronized trans activists, accusing them of not caring about their own:

Screen shot 2015-02-18 at 1.00.10 PM

He accused trans people of ingratitude:

Screen shot 2015-02-18 at 1.06.26 PM

Many responded by asking what an ally is.

NOT AN ALLY

It all culminated with Tatchell claiming that he was simply a better trans activist than trans activists.

Screen shot 2015-02-18 at 1.02.50 PM

One demands gratitude not from equals, but from dependents. Tatchell might want to read yet another open letter: from Hannah Arendt to the French poet Jules Romains, after he claimed — at the height of Hitler’s war, in 1941 — that he had defended the Jews and they were ungrateful. (My thanks to Rahul Rao for pointing to this letter in this context, in his fine book Third World Protest.) Arendt reminded Romains that the Jews’ struggle was not just an adjunct to his own.

You complain in fact very loudly and articulately about the ingratitude of Jews for whom you have done so much…..

What concerns us Jews in all this and what makes us blush again for the hundredth time is our despairing question: Is our alternative truly only between malevolent enemies and condescending friends? Are genuine allies nowhere to be found, allies who understand, not out of either sympathy or bribery, that we were merely the first European nation on whom Hitler declared war? That in this war our freedom and our honor hang in the balance no less than the freedom and honor of the nation to which Jules Romains belongs? And that condescending gestures like the arrogant demand for gratitude from a protector cuts deeper than the open hostility of antisemites?

I want also to think about that BBC radio debate with Bindel.

Tatchell’s proud of the broadcast — he Tweeted about it repeatedly to critics. Hosted by the Royal Society of Medicine in 2007, it featured Bindel arguing that “sex change surgery” should be banned as “unnecessary mutilation.” Four respondents answered her: two well-known trans advocates — Stephen Whittle, a world-renowned expert on gender identity and the law, and Michelle Bridgman, a psychotherapist; Kevan Whylie, a clinician and expert on gender reassignment therapies; and Tatchell.

Censored? Julie Bindel: Photo by Elena Heatherwick for the Guardian

Censor me? Julie Bindel: Photo by Elena Heatherwick for the Guardian

At the end, the audience was polled, and Bindel’s perspective lost. But what remains of the debate? A recording formerly at the BBC’s site is gone. Two main accounts survive online: Bindel’s and Tatchell’s. (The two, despite their differences, are friends). Bindel wrote in the Guardian:

It was one of the most challenging and stimulating debates I have taken part in. Not because the panel or the audience conceded much to my arguments, but because I was given a platform for my opinions … I was outvoted at the end of the debate, but I felt I had done my job. All I intended to do was to ask the questions, “Are we right to support sex change surgery, and is it right to apply a surgical solution to what I believe is a psychological problem?

She quotes none of her respondents. Meanwhile, Tatchell’s account is on his website. He quotes Bindel generously, and himself at even more length. Although he refers to the other participants in passing, including the two trans advocates, he mentions nothing that they said. As far as he’s concerned, it’s entirely a debate between himself and Bindel. He headlines his version: “Transsexualism – Bindel condemns, Tatchell defends.”

There you have it. First, that’s why I feel no sorrow when students no-platform Bindel. She has no lack of platforms; anyone who has the Guardian and the Royal Society of Medicine will never lack a platform. Second: who actually won? Maybe Tatchell, in his mind, but for trans people it may be more ambiguous; he buries them in that comma between “Bindel condemns, Tatchell defends.” Their lives were at issue, but he renders their voices irrelevant, lost. Supporting people starts with hearing them: otherwise, the helping hand can become an occupying force. The storm about “silencing” and “censorship” shouldn’t whirl that lesson to oblivion.

Vanesa Ledesma, a transgender sex worker and activist, tortured to death in Cordoba, Argentina in February 2000. The painting by Tom Block is based on photographs of her mutilated corpse.

Vanesa Ledesma, a transgender sex worker and activist, tortured to death by police in Cordoba, Argentina in February 2000. The painting by Tom Block is based on photographs of her mutilated corpse.

UPDATE only for those too obsessed by this issue to sleep:  Peter Tatchell now says he has “proof” that Kate Smurthwaite was banned from Goldsmith’s.

Screen shot 2015-02-19 at 9.41.02 PM

He doesn’t. This all revolves around what Smurthwaite says on her own blog, which is confused to start with. But here’s the gist.

Smurthwaite posts just a snippet of an online chat with a member of Goldsmith’s Comedy Society, as follows. She doesn’t post the whole chat so we have no idea where this conversation went, but let’s assume this is the best evidence she’s got.

From Kate Smurthwaite's blog

From Kate Smurthwaite’s blog

Now. Here is the safe-space policy of the Student Union at Goldsmith’s. And here’s what it says:

Racism, homophobia, biphobia, sexism, transphobia, disablism or prejudice based on age, ethnicity, nationality, class, gender, gender presentation, language ability, immigration status or religious affiliation is unacceptable and will be challenged.

Well, that’s pretty sweeping, except it doesn’t mean anything. There’s a huge gap between saying something’s “unacceptable” and saying it “will be challenged.” There are neither penalties nor enforcement mechanisms, so evidently these kinds of speech are discouraged, not banned, but neither is there any real obligation to “challenge.” (“We refer to our ‘Safe Space Policy’ as a concept, not as a physical document,” the physical document says.)  What’s clear in context is that the main target is things that students say to each other — offhand slurs, for instance. The idea is mainly to get students to be nice to each other. You couldn’t really use this to ban any speaker’s speech: just to ensure they get “challenged,” which could mean anything..

This is a terribly written document (sorry, “concept”). It doesn’t offer a basis for suppressing speech; it offers no guidance, period. I hope no other school has anything like it. Still, the exchange above isn’t sinister censorship. It’s comedy. You can see the poor fellow has no idea what the policy is (it neither “kinda” says you “can’t say” things nor mentions sex work). Smurthwaite immediately leaps to the conclusion that it’s a “pro-pimp” Bible, because it’s basically a blank on which she can write her prejudices, hatreds, fears. I have to say that if were a comedy society honcho, and a comic started claiming I wanted a “pro-pimp event,” I might assume this wouldn’t be a funny evening, and pull the plug.

The other bit of evidence seems to be this:

Goldsmiths4

Let’s repeat: The person who told him there would be pickets outside the show was Smurthwaite herself, as she admits. And this was entirely based on a Twitter conversation between two persons that she saw online. Nobody was threatening to close her down, nobody was threatening violence. The threats, by Smurthwaite’s own account, came from Smurthwaite.

I still find the most plausible assumption to be that Smurthwaite inflated the “protests” because she didn’t want to perform with no audience; torpedoed her own gig; and has been milking the publicity. It’s also possible that the Comedy Society just decided she was a pain in the whatever, and looked for any excuse to cancel.  If the Comedy Society didn’t want to pay for security, that’s its decision. But let’s also note that there is a right to peaceful protest, as Tatchell admits:

Screen shot 2015-02-19 at 9.57.10 PMOr does he mean: “Protest anti-trans feminists unless the host organization might get cold feet”? And if he means that, exactly whose free speech is under threat here?

Poem of the day

Rick Santorum says the Obama administration is soft on smut. “Hard-core pornography is very damaging, particularly to young people,” he declared, just like contraception, gays, and man-on-dog action. “A wealth of research is now available demonstrating that pornography causes profound brain changes in both children and adults, resulting in widespread negative consequences.”

With Santorum teasing the effects of booby pictures out of your brainwaves, and with our possible first Mormon president meanwhile buying up inert convention delegates like so many rubber dildos, this might be the moment to remember Reed Smoot. Back in 1930 the Utah Republican — the first Mormon ever to serve in the US Senate — proposed severe new tariffs on imports. (The “Smoot-Hawley Tariff” bill, passed that year, strangled trade and deepened the Great Depression.) During debate, Smoot also urged giving customs officers powers to keep “obscene” literature from the US.  From behind a Senate desk heaped with exhibits of “beastly” books, including such foreign filth as the Kama Sutra, Rabelais, and the poems of Robert Burns, Smoot demanded a ban on whatever offended “the moral sense of the average person.”

This response appeared in the New Yorker. It includes a Hall of Fame of ephemeral national heroes, unimpeachably moral figures, Prohibition supporters, and diehard Republicans of the time. How little has changed.

Invocation (by Ogden Nash, 1902-1971)

SMOOT PLANS TARIFF BAN ON IMPROPER BOOKS – News Item

Senator Smoot (Republican, Ut.)
Is planning a ban on smut.
Oh rooti-ti-toot for Smoot of Ut.,
And his reverend occiput.
Smite, Smoot, smite for Ut.,
Grit your molars and do your dut.,
Gird up your l–ns,
Smite h-p and th-gh,
We’ll all be Kansas
By and by.

Smite, Smoot, for the Watch and Ward,
For Hiram Johnson and Henry Ford,
For Bishop Cannon and John D., Junior,
For ex-Gov. Pinchot of Pennsylvunia,
For John S. Sumner and Elder Hays
And possibly Edward L. Bernays,
For Orville Poland and Ella Boole,
For Mother Machree and the Shelton pool.
When smut’s to be smitten
Smoot will smite
For G-d, for country,
And Fahrenheit.

Senator Smoot is an institute
Not to be bribed with pelf;
He guards our homes from erotic tomes
By reading them all himself.
Smite, Smoot, smite for Ut.,
They’re smuggling smut from Balt. to Butte!
Strongest and sternest
Of your s-x
Scatter the scoundrels
From Can. to Mex!

Smite, Smoot, for Smedley Butler,
For any good man by the name of Cutler,
Smite for the W.C.T.U,
For Rockne‘s team and for Leader‘s crew,
For Florence Coolidge and Admiral Byrd,
For Billy Sunday and John D., Third,
For Grantland Rice and for Albie Booth,
For the Woman’s Auxiliary of Duluth,
Smite, Smoot,
Be rugged and rough,
Smut if smitten
Is front-page stuff.

A Turkish victory, and some questions

Zafer Üskül

Congratulations to my friends at the Ankara-based Turkish LGBT group KAOS GL for a major victory in court.   In 2008, the right-wing paper Yeni Akit (New Contract, now known as Vakit or Time)  printed a column by Serdar Arseven about the then head of the Parliamentary Human Rights Commission, Zafer Üskül, attending a meeting organized for the International Day Against Homophobia. The story was headlined “Üskül prefers perverts”  (“Üskül’ün tercihi sapıklardan yana”). Üskül, a member of the ruling Justice and Development Party (AKP), had promised that the government would not segregate gay and lesbian people or their rights. The paper called this “giving assurances to she-males.” KAOS GL sued the writer and the newspaper for injury.

The group lost two lower-court decisions, with judges finding the comments “within the limits of criticism.” This week, though, Turkey’s High Court of Appeals ruled against the publisher and author, holding that “The freedom of the press does not encompass the freedom to insult the personal freedoms of individuals.”  It fined the newspaper 4000 Turkish Lira (about US $2150) and Arselan 2000.

It’s a notable decision because there’s only the thinnest paper trail of precedents in Turkey for minorities and marginalized groups challenging the powerful, and winning.  It’s also heartening to see a leftist group engaging with the state’s institutions in order to claim rights: the general strategy of the Turkish left for decades — at least since the 1980 coup — has been to give the state  a wide berth, on the expectation that it will offer no protections and can accomplish no real good. In this sense, it’s also a small victory for the AKP itself, a party which, in a halting and highly limited way, has struggled to institute the rule of law in Turkey and eliminate the dominance of undemocratic forces, especially the military. Üskül, a professor of constitutional law, is a bit of an outlier in his party, where the commitment to human rights (especially on the Kurdish question) remains troublingly partial. But a court decision supporting the “personal freedoms” of LGBT people would have been inconceivable a dozen years ago, and not just the courageous activists of KAOS, but Üskül and the AKP deserve some of the credit.

Radikal quotes Ali Erol of KAOS as saying, “”The case has a symbolic significance.” It’s certainly not going to shut down Vakit or shut up Arseven. At the same time, some questions strike me about where it leads. Turkey has a terrible record on media censorship — as bad as its longstanding record of ignoring or persecuting minorities.   In early 2011, the government handed Internet service providers a list of 138 words that should raise red flags for blocking.  In a nice Orwellian touch, Yasak, meaning forbidden, was forbidden — presumably to cut short criticism of the censorship; so were free and pic, for perhaps more obvious reasons.

Some of these strictures were later dialled back, but the Internet filtering system still blocks some 20,000 websites, including political as well as erotic ones. Meanwhile, laws on insult and hatred are a running threat to free expression in the country. Article 312 of the Criminal Code provides a three-year prison term for inciting “racial or religious hatred” if it threatens “public order.”  The current Prime Minister, then mayor of Istanbul, served ten months in 1999 under this provision, for reading a poem aloud; the head of the Turkish Human Rights Association was jailed in 2000 for urging understanding between Turks and Kurds.   Article 301 of the Code still criminalizes “insulting the Turkish nation”; in its pre-2008 iteration, penalizing “insulting Turkishness,” it was used to prosecute dozens of prominent critics of government policy, including Nobel winner Orhan Pamuk. You get the idea.

Hell's kitchen

It would be unfortunate if hate speech regulation were revitalized as an excuse and umbrella for the Turkish government to punish arguments it doesn’t like. There’s an old proverb: “If you sup with the devil, bring a long spoon.” (I think it’s German; if it’s not, it ought to be.)  The same caution applies to enlisting the power of a still-repressive state on your own side. Beyond question, the state needs to defend all its citizens. Sign it on to a progressive cause it if you can; but bring not just a long spoon, but a heavy-duty microscope for the menu’s fine print.

KAOS GL, of course, has also faced attempts at censorship, which gives it a certain moral authority on the subject. In the most famous case, from 2006, the authorities confiscated copies of the group’s magazine, claiming they were obscene.  KAOS has pursued this case to the European Court of Human Rights, where the Turkish government asserted they acted on a permitted exemption to the right to free expression — endeavoring to protect “public morals” from harm.  As I’ve noted here before, I helped draft a third-party intervention in this case, in which we argued that the concept of “public morality”

must reflect the diversity of interests and populations comprising the public sphere and not just that of the majority. A secular democracy, espousing ideals of pluralism, including freedom of expression, cannot assert or promote a singular and incontrovertible vision of public morals, and censor materials that dissent from that perspective….  The idea that a state can justify repressive measures merely by pointing to a “public morality” without evidence, definition, and elaboration has been largely discredited. Council of Europe member states, countries around the world, and international and regional bodies have recognised—expressly or implicitly – that “public morality” arguments are acceptable only where some real and specific harm to society can be shown. In the face of this growing international trend, authorities may not criminalise and confiscate publications without demonstrating what harm it causes to what part of the “public,” when, and where, and tailor any restrictions to any specific harm. Authorities cannot evade that responsibility by postulating a “public” and its hypothetical values as a pre-emptive and dangerously free-floating excuse.

I would contend a similar standard should apply for laws on insult and “hate speech”: the harm that an act of expression causes must not be a general, broadly postulated, hypothetical one. It must be capable of specification. You should be able to say who was harmed, and how.

I haven’t seen the Turkish High Court decision, and I don’t know what precise arguments it (or the appellants) made. Nor do I have any clear conception of what its broader implications are.   But as LGBT groups in many countries become both bolder and more empowered in claiming rights through litigation, there are still questions that deserve to be thought through.

“Stop inciting hatred against us! We are citizens of Malaysia.”

Kuala Lumpur police have shut down Seksualiti Merdeka (Sexuality Independence), an annual festival held to celebrate and discuss the rights of lesbian, gay, bisexual, transgender, and intersex people. This came after weeks of controversy and campaigning against the festival, with even Malaysia’s Deputy Prime Minister claiming the event was “immoral.”  The organizers condemn the closing in a press release:

We are saddened that many Malaysians, including people’s elected representatives, have seen fit to relentlessly persecute, stigmatise and discriminate all those who have found a safe space to dialogue and share information and knowledge on human rights during Seksualiti Merdeka’s events.

We are Malaysian citizens who are being denied our rights to our identity and self-determination. …As a United Nations Human Rights Council member, the Malaysian government should be ashamed for endorsing and encouraging such intimidation and scare tactics.

Seksualiti Merdeka stands for everyone who believes they have a right to make their own decisions over their bodily autonomy and bodily integrity. …  Sexuality is an integral part of the personality of every human being. Its full development depends upon the satisfaction of basic human needs such as the desire for contact, intimacy, emotional expression, pleasure, tenderness, and love. Sexual rights are universal human rights based on the inherent freedom, dignity, and equality of all human beings.

 

Read more about the controversy here, here, and here.