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Personality rights do not prohibit political satire of public figures.

Claiming that they do is obviously frivolous, and in the pertinent cases clearly motivated by religious bigotry.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 06:12:50 AM EST
[ Parent ]
If that was obvious instead of ambiguous, Titanic would have the pictures back online. Good to know that you know the law better than their lawyers.
by Katrin on Tue Sep 4th, 2012 at 06:33:08 AM EST
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Wait, what? If the attempted censorship fails, it's not valid because it failed, and if the attempted censorship succeeds, it's not valid because there was a legal basis for the censorship?

Holy unfalsifiable hypothesis, Batman.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 06:49:03 AM EST
[ Parent ]
If it succeeded, you could rightfully lament the power of religious communities to exercise censorship. Since there are no (contemporary) cases of that, you are either hopelessly behind the times or you are fantasising.
by Katrin on Tue Sep 4th, 2012 at 07:00:46 AM EST
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You keep forgetting the how to cook a Christ case, where hundreds of thousands of Euros were posted as bail to avoid preventative jailing for a case that was subsequently thrown out.

That definitely has a chilling effect. Of course it doesn't succeed in censoring the content, but it succeeds in harassing the author.

But since, as a Lutheran, you're an iconoclast, you don't care. While you do care about the Danish cartoon controversy.

How confusing.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 07:06:10 AM EST
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I'm sorry to confuse you, and I keep forgetting that case, which is because I can't fathom what this video does with the feeling of Catholics, and what the history of publication of that video is (I suspect the video was difficult to find in order to be outraged, yes?), and what kind of laws were used to harrass the author. Do you think this case is typical for the problem Jake cites?

Mind, I do not deny that there are laws that ought to be abolished: all blasphemy laws for instance. Or laws forcing religion on all schoolchildren.

by Katrin on Tue Sep 4th, 2012 at 07:28:13 AM EST
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If it is unjust to prosecute blasphemers, then what about the sincere moral outrage that religious people feel when they learn that someone has blasphemed?

For that matter, what was the cartoon jihad about if not blasphemy?

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 07:35:28 AM EST
[ Parent ]
For that matter, what was the cartoon jihad about if not blasphemy?

A campaign to incite hatred against immigrants and Muslims. By the way, it was not against any law. A pity. Humiliating Muslims is legal. You are aware that your argument of protection for a minority applies here, aren't you? Astonishing that you support this despicable campaign.

by Katrin on Tue Sep 4th, 2012 at 07:44:28 AM EST
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Yes, the argument for supporting oppressed minorities applies here.

However, in this particular case it must be weighted against the equally legitimate argument that people were attempting to enforce a blanket ban on pictorial depiction of a historical figure. Such a blanket ban must be opposed, because it is far too wide reaching to legitimately claim to be concerned with hate speech.

I find the latter argument more persuasive. The mullahs were not demanding legitimate protection from hate speech. They were demanding the intrusion of an extremist caricature of Islam into general society.

The fact that legitimate and proper backlash against the meritless intrusion of backwards religious dogmatism into secular society creates an opportunity for racist hate speech when the meritless intrusion is committed by an oppressed minority is regrettable, but probably not avoidable. Unless you want to give oppressed minorities a blank check to engage in any or all antidemocratic behavior simply because they are an oppressed minority. Which is a bridge I am not quite prepared to cross.

In any event, the Russian Orthodox Church obviously cannot claim the need for any such protection. Rather, it is Pussy Riot which can clearly claim the need for protection from the Russian Orthodox Church.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 08:27:29 AM EST
[ Parent ]
The fact that legitimate and proper backlash against the meritless intrusion of backwards religious dogmatism into secular society creates an opportunity for racist hate speech when the meritless intrusion is committed by an oppressed minority is regrettable, but probably not avoidable. Unless you want to give oppressed minorities a blank check to engage in any or all antidemocratic behavior simply because they are an oppressed minority. Which is a bridge I am not quite prepared to cross.

Now we can discuss clitoris ablation for another 400 comments.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:30:19 AM EST
[ Parent ]
what kind of laws were used to harrass the author

I have actually quoted the applicable law in the subthread.

I can't fathom what this video does with the feeling of Catholics

It mocks the Descent from the Cross, the Stigmata, the Holy Sepulchre and the Resurrection. Apart from proposing actually eating a Christ.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:24:09 AM EST
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Migeru:
Apart from proposing actually eating a Christ.

they got anticipated on that one...

'The history of public debt is full of irony. It rarely follows our ideas of order and justice.' Thomas Piketty

by melo (melometa4(at)gmail.com) on Tue Sep 4th, 2012 at 08:32:40 AM EST
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I have actually quoted the applicable law in the subthread.

Sigh. I'll try and find it in this jungle.

Apart from proposing actually eating a Christ.

Er, what is wrong with that?

by Katrin on Tue Sep 4th, 2012 at 08:44:26 AM EST
[ Parent ]
The same that is wrong with suggesting that the Communion is cannibalism (that would see you sued for blasphemy, or for offending believers, pretty quick).

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:45:47 AM EST
[ Parent ]
Of course, you personally as a Lutheran would not be offended by jokes about transubstantiation, so that makes them okay?

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:49:22 AM EST
[ Parent ]
Sigh. Apparently you did misunderstand what I wanted to express there, when I used those words: there are a few things that must be explained to me, because they are not my background. Catholic or Buddhist or Copimist rites and the related sensitivities for instance.
by Katrin on Tue Sep 4th, 2012 at 09:27:09 AM EST
[ Parent ]
You also said in relation to the Christophagy that since as a Lutheran (again) you don't believe in the holiness of images you did not see what was so offensive about the video.

So it all appears to come down to whether you share the personal outrage.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 09:29:44 AM EST
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And now I have clarified twice.
by Katrin on Tue Sep 4th, 2012 at 09:51:16 AM EST
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Sigh. I'll try and find it in this jungle.

Hint: the Krahe case discussion starts in its own top-level comment, joking about taking a poll.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:46:42 AM EST
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There was an American case a while back where a kid took one of the sanctified crackers out of the church to show it to a friend.

I don't remember whether the parish sued over this gross mistreatment of their holy cracker. But several parishioners did threaten to put the kid in a hospital.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 09:02:38 AM EST
[ Parent ]
Why are we suddenly interested in American cases?
by Katrin on Tue Sep 4th, 2012 at 09:28:14 AM EST
[ Parent ]
Because we're talking about thin-skinned, violently repressive religious bigotry.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 09:30:37 AM EST
[ Parent ]
Because we're talking about thin-skinned, violently repressive religious bigotry deeply hurt religious feelings.

FIFY.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 09:42:39 AM EST
[ Parent ]
Because we are talking about your proposal that "offend religious feelings" should be a criminal offense.

Examples of actions that hurt religious feelings, and therefore would be criminal under the standard you propose, are germane to the discussion.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 09:38:53 AM EST
[ Parent ]
Uh, the leaking pope? The cock-cross? Cooking a crucifix?

But of course since those campaigns of censorship were successful, you are now going to deny that they were motivated or successful based on religious bigotry.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 07:12:39 AM EST
[ Parent ]
The leaking pope is citing protection of his privacy, just as the leaking Jake could (being a VIP helps him, but that's not necessarily being a religious sort of VIP. Compare the photos of Merkel's naked arse, which were printed in Britain, but not in Germany.)

The cock-cross was blasphemy. We are in agreement there: scrap all blasphemy laws.

Cooking Christ: Possibly. I expect Mig will enlighten us what law that was. So possibly you can cite one single case in all of Europe, namely in Spain, which has not yet gotten rid of all ghosts of Franquism, and is perhaps not THAT representative for all Europe. And even that ended in an acquittal.

by Katrin on Tue Sep 4th, 2012 at 07:37:20 AM EST
[ Parent ]
The leaking pope is citing protection of his privacy,

Again: Claims of privacy protection can have no merit whatever when directed against satire of a public figure.

Further, the fact that this particular picture, and only this, was pulled, despite many similarly baseless challenges to the magazine, supports the contention that the Papacy gets special treatment. De facto if not de jure.

Compare the photos of Merkel's naked arse, which were printed in Britain, but not in Germany.)

But those are not comparable, because those photos involve Merkel's actual ass, not a satirical photoshop of Merkel mooning somebody.

The cock-cross was blasphemy. We are in agreement there: scrap all blasphemy laws.

What is the objective difference between Pussy Riot's video? (The video itself, leaving aside what they did in church, because that's not the point - the video would have been equally offensive if they had used stock footage and claimed to have filmed it in church, and lying about where you shot a picture is not in and of itself a crime.)

Cooking Christ: Possibly. I expect Mig will enlighten us what law that was. So possibly you can cite one single case in all of Europe, namely in Spain, which has not yet gotten rid of all ghosts of Franquism, and is perhaps not THAT representative for all Europe. And even that ended in an acquittal.

That it ended in acquittal does not matter. It was not summarily dismissed, the defendant was not awarded damages for the cost, wasted time and distress incurred, nor were the vexatious litigants slapped down hard enough to provide a reasonable deterrent against future frivolous lawsuits.

Considering that the Catholic Church is a transnational corporation with an annual profit comparable to the GDP of a small country, that outcome is not reassuring at all: The church can afford to sponsor such a lawsuit every day until the heat death of the universe and not even make a dent in their propaganda budget.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Sep 4th, 2012 at 08:36:08 AM EST
[ Parent ]
It is back on their website right now.

Also the following cover:

by generic on Tue Sep 4th, 2012 at 05:35:46 PM EST
[ Parent ]
I expect Mig will enlighten us what law that was.

Two days ago, in response to a comment of yours. The plaintiffs were proud that it was the first time anyone was prosecuted under that article of Spanish law.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Tue Sep 4th, 2012 at 08:43:10 AM EST
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"Personality rights do not prohibit political satire of public figures."

That is not true. public figures still do have personality rights, if somewhat limited.

by IM on Wed Sep 5th, 2012 at 03:27:23 AM EST
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Political satire does not negate personal privacy; it just pushes the boundaries.

(I assume that privacy is what is meant when talking about "personality rights" - which sounds like a tradeable commodity, e.g. "You're not allowed to publish my photo in the newspaper, I've sold my personality rights to Fabergé")

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Wed Sep 5th, 2012 at 04:27:55 AM EST
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