January 10, 2015 "ICH" - "The Intercept" -  Defending free speech and free press rights, which typically means defending the right to disseminate the very ideas society finds most repellent, has been one of my principal passions for the last 20 years: previously as a lawyer and now as a journalist. So I consider it positive when large numbers of people loudly invoke this principle, as has been happening over the last 48 hours in response to the horrific attack on Charlie Hebdo in Paris.

Usually, defending free speech rights is much more of a lonely task. For instance, the day before the Paris murders, I wrote an article about multiple cases where Muslims are being prosecuted and even imprisoned by western governments for their online political speech – assaults that have provoked relatively little protest, including from those free speech champions who have been so vocal this week.

I’ve previously covered cases where Muslims were imprisoned for many years in the U.S. for things like translating and posting “extremist” videos to the internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package. That’s all well beyond the numerous cases of jobs being lost or careers destroyed for expressing criticism of Israel or (much more dangerously and rarely) Judaism. I’m hoping this week’s celebration of free speech values will generate widespread opposition to all of these long-standing and growing infringements of core political rights in the west, not just some.

Central to free speech activism has always been the distinction between defending the right to disseminate Idea X and agreeing with Idea X, one which only the most simple-minded among us are incapable of comprehending. One defends the right to express repellent ideas while being able to condemn the idea itself. There is no remote contradiction in that: the ACLU vigorously defends the right of neo-Nazis to march through a community filled with Holocaust survivors in Skokie, Illinois, but does not join the march; they instead vocally condemn the targeted ideas as grotesque while defending the right to express them.

But this week’s defense of free speech rights was so spirited that it gave rise to a brand new principle: to defend free speech, one not only defends the right to disseminate the speech, but embraces the content of the speech itself. Numerous writers thus demanded: to show “solidarity” with the murdered cartoonists, one should not merely condemn the attacks and defend the right of the cartoonists to publish, but should publish and even celebrate those cartoons. “The best response to Charlie Hebdo attack,” announced Slate’s editor Jacob Weisberg, “is to escalate blasphemous satire.”

But no matter. Their cartoons were noble and should be celebrated – not just on free speech grounds but for their content. In a column entitled “The Blasphemy We Need,” The New York Times‘ Ross Douthat argued that “the right to blaspheme (and otherwise give offense) is essential to the liberal order” and “that kind of blasphemy [that provokes violence] is precisely the kind that needs to be defended, because it’s the kind that clearly serves a free society’s greater good.” New York Magazine‘s Jonathan Chait actually proclaimed that “one cannot defend the right [to blaspheme] without defending the practice.” Vox’s Matt Yglesias had a much more nuanced view but nonetheless concluded that “to blaspheme the Prophet transforms the publication of these cartoons from a pointless act to a courageous and even necessary one, while the observation that the world would do well without such provocations becomes a form of appeasement.”

To comport with this new principle for how one shows solidarity with free speech rights and a vibrant free press, we’re publishing some blasphemous and otherwise offensive cartoons about religion and their adherents:

And here are some not-remotely-blasphemous-or-bigoted yet very pointed and relevant cartoons by the brilliantly provocative Brazilian cartoonist Carlos Latuff (reprinted with permission):

Is it time for me to be celebrated for my brave and noble defense of free speech rights? Have I struck a potent blow for political liberty and demonstrated solidarity with free journalism by publishing blasphemous cartoons? If, as Salman Rushdie said, it’s vital that all religions be subjected to “fearless disrespect,” have I done my part to uphold western values?

When I first began to see these demands to publish these anti-Muslim cartoons, the cynic in me thought perhaps this was really just about sanctioning some types of offensive speech against some religions and their adherents, while shielding more favored groups. In particular, the west has spent years bombing, invading and occupying Muslim countries and killing, torturing and lawlessly imprisoning innocent Muslims, and anti-Muslim speech has been a vital driver in sustaining support for those policies.

So it’s the opposite of surprising to see large numbers of westerners celebrating anti-Muslim cartoons - not on free speech grounds but due to approval of the content. Defending free speech is always easy when you like the content of the ideas being targeted, or aren’t part of (or actively dislike) the group being maligned.

Indeed, it is self-evident that if a writer who specialized in overtly anti-black or anti-Semitic screeds had been murdered for their ideas, there would be no widespread calls to republish their trash in “solidarity” with their free speech rights. In fact, Douthat, Chait and Yglesias all took pains to expressly note that they were only calling for publication of such offensive ideas in the limited case where violence is threatened or perpetrated in response (by which they meant in practice, so far as I can tell: anti-Islam speech). Douthat even used italics to emphasize how limited his defense of blasphemy was: “that kind of blasphemy is precisely the kind that needs to be defended.”

One should acknowledge a valid point contained within the Douthat/Chait/Yglesias argument: when media outlets refrain from publishing material out of fear (rather than a desire to avoid publishing gratuitously offensive material), as several of the west’s leading outlets admitted doing with these cartoons, that is genuinely troubling, an actual threat to a free press. But there are all kinds of pernicious taboos in the west that result in self-censorship or compelled suppression of political ideas, from prosecution and imprisonment to career destruction: why is violence by Muslims the most menacing one? (I’m not here talking about the question of whether media outlets should publish the cartoons because they’re newsworthy; my focus is on the demand they be published positively, with approval, as “solidarity”).

When we originally discussed publishing this article to make these points, our intention was to commission two or three cartoonists to create cartoons that mock Judaism and malign sacred figures to Jews the way Charlie Hebdo did to Muslims. But that idea was thwarted by the fact that no mainstream western cartoonist would dare put their name on an anti-Jewish cartoon, even if done for satire purposes, because doing so would instantly and permanently destroy their career, at least. Anti-Islam and anti-Muslim commentary (and cartoons) are a dime a dozen in western media outlets; the taboo that is at least as strong, if not more so, are anti-Jewish images and words. Why aren’t Douthat, Chait, Yglesias and their like-minded free speech crusaders calling for publication of anti-Semitic material in solidarity, or as a means of standing up to this repression? Yes, it’s true that outlets like The New York Times will in rare instances publish such depictions, but only to document hateful bigotry and condemn it – not to publish it in “solidarity” or because it deserves a serious and respectful airing.

With all due respect to the great cartoonist Ann Telnaes, it is simply not the case that Charlie Hebdo “were equal opportunity offenders.” Like Bill Maher, Sam Harris and other anti-Islam obsessives, mocking Judaism, Jews and/or Israel is something they will rarely (if ever) do. If forced, they can point to rare and isolated cases where they uttered some criticism of Judaism or Jews, but the vast bulk of their attacks are reserved for Islam and Muslims, not Judaism and Jews. Parody, free speech and secular atheism are the pretexts; anti-Muslim messaging is the primary goal and the outcome. And this messaging – this special affection for offensive anti-Islam speech – just so happens to coincide with, to feed, the militaristic foreign policy agenda of their governments and culture.

To see how true that is, consider the fact that Charlie Hebdo – the “equal opportunity” offenders and defenders of all types of offensive speech - fired one of their writers in 2009 for writing a sentence some said was anti-Semitic (the writer was then charged with a hate crime offense, and won a judgment against the magazine for unfair termination). Does that sound like “equal opportunity” offending?

Nor is it the case that threatening violence in response to offensive ideas is the exclusive province of extremists claiming to act in the name of Islam. Terrence McNally’s 1998 play “Corpus Christi,” depicting Jesus as gay, was repeatedly cancelled by theaters due to bomb threats. Larry Flynt was paralyzed by an evangelical white supremacist who objected to Hustler‘s pornographic depiction of inter-racial couples. The Dixie Chicks were deluged with death threats and needed massive security after they publicly criticized George Bush for the Iraq War, which finally forced them to apologize out of fear. Violence spurred by Jewish and Christian fanaticism is legion, from abortion doctors being murdered to gay bars being bombed to a 45-year-old brutal occupation of the West Bank and Gaza due in part to the religious belief (common in both the U.S. and Israel) that God decreed they shall own all the land. And that’s all independent of the systematic state violence in the west sustained, at least in part, by religious sectarianism.

The New York Times‘ David Brooks today claims that anti-Christian bias is so widespread in America – which has never elected a non-Christian president – that “the University of Illinois fired a professor who taught the Roman Catholic view on homosexuality.” He forgot to mention that the very same university just terminated its tenure contract with Professor Steven Salaita over tweets he posted during the Israeli attack on Gaza that the university judged to be excessively vituperative of Jewish leaders, and that the journalist Chris Hedges was just disinvited to speak at the University of Pennsylvania for the Thought Crime of drawing similarities between Israel and ISIS.

That is a real taboo – a repressed idea – as powerful and absolute as any in the United States, so much so that Brooks won’t even acknowledge its existence. It’s certainly more of a taboo in the U.S. than criticizing Muslims and Islam, criticism which is so frequently heard in mainstream circles – including the U.S. Congress – that one barely notices it any more.

This underscores the key point: there are all sorts of ways ideas and viewpoints are suppressed in the west. When those demanding publication of these anti-Islam cartoons start demanding the affirmative publication of those ideas as well, I’ll believe the sincerity of their very selective application of free speech principles. One can defend free speech without having to publish, let alone embrace, the offensive ideas being targeted. But if that’s not the case, let’s have equal application of this new principle.

Photo by Joe Raedle/Getty Images; additional research was provided by Andrew Fishman