Juno News - October 21, 2023
Should pro-Hamas protests be banned? (Ft. Josh Dehass)
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Summary
Pro-Palestinian rallies in Western countries are large, suggesting significant public support for the Palestinian cause. But the sheer size of these rallies may lead other Western governments, and governments elsewhere, to consider banning them. In this episode, Rupa talks to Josh Dehas, a lawyer with the Canadian Constitution Fund, about the implications of these bans, and what they mean for freedom of speech in Western liberal democracies.
Transcript
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Welcome to the Rupa Subramanian Show, everybody. I'm your host, Rupa Subramanian.
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Today, we're going to talk about the implications of the highly polarized global response to the
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Israel-Palestine crisis and how it relates to debates about freedom of expression. We're seeing
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protests in many major Western cities, including right here in Ottawa, both in support of Palestine
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and or Hamas, and a smaller number, it would appear, in support of Israel. That deep division
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in global geopolitics is mirrored on our streets and on our university campuses, where different
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groups have expressed support and solidarity for whatever side of the conflict they're on. But
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what happens when peaceful protest is banned, or when expressing solidarity with one side is met
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with censorship? Where does that leave the peaceful and free expression of people's views? In a
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controversial development, Germany and France have chosen to ban pro-Palestinian demonstrations.
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Meanwhile, the British Foreign Secretary has suggested that even carrying a Palestinian flag
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in public may count as a criminal offense. Such developments raise serious questions about the
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status of free speech and open debate in Western liberal societies. These bans have ignited fierce
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debates about how to navigate the right to express dissenting opinions in a complex international
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conflict. Now, pro-Palestinian rallies in Western countries are large, suggesting significant public
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support. The sheer size of these rallies may lead other Western governments, and governments
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elsewhere for that matter, to consider banning them. It's a precarious balance between preserving the
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right to free expression and preventing peaceful rallies from becoming violent. For example, an initially
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peaceful protest in Amman, Jordan, outside the U.S. and Israeli embassies turned violent as some
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protesters burned tires and attempted to storm the Israeli embassy, which was broken up by the police
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using tear gas. Meanwhile, here in Canada and in the U.S., these rallies predominantly are pro-Palestinian
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also reflect demographic changes in Western countries, particularly among the young. Many young people on the
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progressive left have thrown their support behind the Palestinian cause, some going as far as to label
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Israel as an apartheid state, as a settler colonial state. In this ever-evolving landscape, it's clear that
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emotions are running high, and people around the world are deeply concerned about the violence in the
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Middle East, and free speech and individual liberties are once again under attack as they were during the
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pandemic in Western liberal democracies. My own view is the following. I'm opposed to countries trying to ban
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peaceful protests, and in some places even trying to ban the Palestinian flag. I'm also opposed to cancelling
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students and professors for merely expressing their views, even if I find those views to be abhorrent.
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Here's why. For one thing, censorship, banning, cancelling, all of this plays into the hands of
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Hamas and other extremists, who would like nothing better than to see Western liberal societies go against
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their own liberal values. It also goes against the classical liberal values of free speech and tolerance
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that I strongly believe in, even if those views are ones that I strongly disagree with. I firmly believe that
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we must uphold our classical small-l liberal values of free speech, tolerance, and open debate.
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As long as someone is expressing their view peacefully, even if that view is something that
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we strongly disagree with, their right to express themselves freely must be protected.
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My guest today to help us untangle this debate is Josh Dehas. He is counsel with the Canadian
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Constitution Fund, a former journalist, and a practicing lawyer. So Josh, welcome to the show. I want to start by
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asking you about what's been happening in some countries, Western countries actually, where pro-Palestinian
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demonstrations, rallies, they're proposing to ban them. The British Foreign Secretary mooted the idea that even
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carrying a Palestinian flag in public could be considered a criminal offense. I want to ask you, how do such
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actions, state actions, align with the principles of free speech and open debate? And what do they tell us more
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broadly about the state of free speech in Western liberal democracies?
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Yeah, so these rallies that we've seen, whether you label them, you know, pro-Palestinian rallies, or in some cases,
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more accurately, pro-Hamas rallies, they're really testing our commitments to, you know, freedom of speech and
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freedom of assembly in Western countries. And I think some leaders of some of these countries are failing
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because they are, you know, proposing to ban protests ahead of time. And that's something that we really don't want to
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see Western countries do. You know, for example, France, I was just reading this morning, Thomas
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Chatterton Williams was writing about this. They've banned pro-Palestinian rallies in advance, saying that
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they're somehow a threat to public order, and that, you know, violence is sure to break out. But that's not
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necessarily the case. And what you have to remember is, if we let governments and police ban rallies
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that we don't like, you know, these pro-Hamas rallies that are pretty, pretty abhorrent in a lot of ways, then they
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will feel that they have the power to ban rallies when we want to protest the government, whether it's, you know,
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something like the truckers protest or any other rally where we're trying to, you know, change public policy and
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assert our rights to free expression and freedom of assembly. So it's very concerning. And that's not to
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say that police don't have any power here, right? There's a lot of things they can do, Rupa, to
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to prevent violence from breaking out. If somebody's at a rally and there's about to be a breach of the
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peace, police can step in and they can make arrests and they can stop that from happening. And they have,
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in fact, a duty to do that. And, you know, if people are promoting things like genocide,
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that's illegal in Canada. And those people can be charged after the fact for that. But we really
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want to be very careful about banning rallies of any type. Yeah, no, I'm fully with you on that.
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Let's come back to Canada. What do our laws say about freedom of expression? What is protected under
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freedom of expression and under freedom of assembly? Yeah, so our Charter of Rights and Freedoms
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from 1982 protects freedom of expression, and it also protects freedom of peaceful assembly. And
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those two rights are pretty closely related, but they are different. And so freedom of expression,
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our courts have said, basically protects all speech, all expression, as long as it's not violent. And so
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it goes really well beyond just, you know, speech or printing something in a newspaper, even,
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you know, parking your car as a protest is in a prima facie way, protected under the Charter. Now,
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we also have reasonable limits on Charter rights in Canada. So if the government can show that some law
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that limits our freedom of speech is demonstrably justified in a free and democratic society,
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they can impose certain limits. And also within like the free speech test itself, there are some
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limits like you can't violence is not speech, you can't say I'm going to shoot someone and that's my
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version of expression. And there are also, you know, reasonable sort of limits in terms of like,
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time, and also the place where you can express yourself. So obviously, you're going to have a right
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to express yourself like outside of the parliament building. Maybe you can hand out pamphlets inside
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the parliament building. But you're not going to be allowed to express yourself through like occupying
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the prime minister's office. So there are some, some limits on it. But generally, the limits are not
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supposed to be content specific. So you should be able to say the most extreme and controversial things
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and not lose protection for that. So the courts are not always great about upholding that contract
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neutral rule. But basically, all free speech is protected except for these sort of reasonable limits.
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And then assembly goes beyond that. And it's protected by a different section of our charter to see.
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And there's not actually a lot of court jurisprudence on what freedom of assembly means.
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So there is a bit of a debate, like, it's very obvious that it protects political expression. So
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it's very obvious that freedom of assembly protects like going to Queen's Park here in Toronto or going
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to the parliament buildings in Ottawa and holding a peaceful rally. Some people think it protects
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more than that, though. So some people think it protects the Christmas dinner that you had during
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COVID when the government was trying to tell you you couldn't get together with your families.
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And so little of this has actually gone through the courts at this point that we don't know for
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sure how the courts would interpret that. But it's clear that it covers at least the political
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assemblies. And the word peaceful there is really key because,
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you know, a riot is not going to be covered under peaceful assembly because it's violent.
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And there are all kinds of questions of like what peaceful means. And you, Rupa, you were at the trucker
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protest a lot covering that. And so you know all these arguments about how the horns were violence or
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parking your truck in a particular place is violence. And personally, I think those are probably peaceful
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activities. But again, they might be activities that you can limit under Section one of the charter.
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So using all the other laws like, you know, you could use the criminal law if someone is, you know,
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you know, doing something breaching the peace or if they're, you know, at the border blockading the
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border. There are laws that can come into play that would not impact your freedom of assembly if you're
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protesting on the border and blocking all the goods coming into Canada. So that doesn't mean we needed
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to use the Emergencies Act, but because we have laws already in place, but not all of that was protected.
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So what you're saying now confirms to me what I've long, I believe for a very long time that
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the constitutional protection for free speech in Canada is a lot weaker here than it is in the US.
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I wonder if you could, I mean, if you're able to speak to that, how does this compare to the US,
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Yeah, so the US's freedom of speech is protected in their First Amendment passed in 1791. And it says,
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Congress shall make no law abridging the freedom of speech. And that is stronger language and they don't
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have limiting language. But there are some limits on free expression in the United States. And the
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bar has just been set a lot higher by the courts. So the courts have come up with those limits and
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they've set the bar in a different place in Canada. You know, for example, hate speech is completely
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protected. It's not really limited in the United States. But here in Canada, we had a big constitutional
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case on whether the hate speech provisions that predate the charter were unconstitutional now that
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the charter says you have a right to freedom of expression. And this case was called Keegstra. It was
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about this really nasty anti-Semitic teacher in Alberta who is, you know, teaching all the kids to hate
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Jews and saying the most vile things about them that you can imagine. But the question was, like, should we use
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the criminal law to put this person in jail for his words or does he have a right to free speech and
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he should only basically just be fired? So, you know, it was a 5-4 decision and the Supreme Court
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of Canada Chief Justice said, yes, he has free speech, but it's a reasonable limit on that speech because
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in his view, you know, words can cause harm, they hurt people's feelings and they can lead to, in his view,
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something like the Holocaust. And, you know, I can sort of see that argument. I can sympathize with
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people that believe that. But there was a much better counterargument made in the minority by
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Justice McLaughlin. And she was saying, you know, these laws are not going to be effective anyway.
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You just draw attention to the hateful ideas by talking about them and making this guy into a
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martyr. And, you know, Nazi Germany had hate speech laws and look how well that went in the 1930s.
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But long story short, the Supreme Court upheld hate speech laws, which is something that is not a thing
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in the U.S. So, there are some limits on speech in Canada that you wouldn't see in the States.
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Yeah. I mean, going back to these rallies that are, you know, where Western countries'
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governments are trying to ban them, I went to a rally this past weekend in Ottawa, a pro-Gaza rally,
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and it was very informative. You know, I faced some resistance, you know, while trying to
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interview people, you know, they were all suspicious of any journalist, very similar to my experience
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through the Freedom Convoy, and I really had to work to gain their trust. And eventually,
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I did manage to speak to a few people. But that's the whole point. You see, we wouldn't know what their
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views are if you were to ban them, right? And so, you know, it was actually very informative,
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and I was able to interview like 20 people, and I wrote about it. And, you know, other people have
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thanked me for this, for this, for this reportage, because it's actually been very hard to find
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Palestinian voices, pro-Palestinian voices to actually come on the record and speak to people.
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Yeah, you know what, Rupa, I just read that article in the Free Press, and I clicked on some of the
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videos. And it was really, really enlightening for me, because I'm pretty pro-Israel. I was horrified
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about what happened. And, you know, I actually don't have, come to think of it, any Palestinian
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friends or even close Arab friends. And I don't really go out and seek out their point of view,
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necessarily. So, you know, it was really helpful for me to see that, you know, some of those people
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at the rally, they are probably a little bit misinformed about what's happened here. And other
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people, they're, you know, more or less brainwashed, and they have this really, really militant,
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frightening point of view. But I was able to see like the arguments that they're making, right? So
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they made some arguments that I hadn't thought about before. Now, if I want to try and convince
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people to change their mind, I have a better point of view about what the actual issues are
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here. And so, you know, that's, that's just one, one really good reason not to not to ban these
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rallies. But there are other reasons. And the biggest one, obviously, is the one I mentioned
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before, which is that as soon as you give governments or police the power to ban political
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rallies that are unpopular with the powers that be, they're going to do it to to you one day,
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right? Some government is going to be in power that you don't like, and that wants to suppress
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your speech. And so it's good to have maintained the same rule and the same principle for everybody,
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even in times like this, where it's frightening that there are a lot of people out there with
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Yeah, no, absolutely. I find them abhorrent, but I want them out there. Because it actually helps me
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understand the situation. And, but, you know, going back to, you know, many of the people that
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I spoke to were young people, there were students at the university here. And let's, you know, I want
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to talk about what's been happening at, at universities, you know, not just here in Canada,
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but in the US, especially at the Ivy Leagues, such as Harvard, Harvard, there have been, there have been
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attempts, there's been a naming and shaming of students involved in writing these pro-Palestinian
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letters condemning Israel. In some cases, there have been attempts to censure them academically
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for voicing their support for the Palestinian cause. Some major donors at these universities have
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indicated that they, that, you know, that they will withhold future planned donations if universities
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permit pro-Palestinian activism to continue unchecked. And of course, that also, that all
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accords with, with their free speech, right? These donations are voluntary, and they're free to
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withdraw them if they, if they think that it's not going to be used, you know, according to their
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wishes. What is, what is your take on both sides of this debate on our campuses? I mean, do you think,
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I vehemently oppose cancel culture of any kind, whatever side it is on. And I'm, I fully realize that the
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people who are being canceled right now would never come to my defense if I were in that situation,
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but I still uphold their right to speak freely. Yeah, it's a really interesting question. And,
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and I got to say, like, I've never come across a situation that has tested my opposition to cancel
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culture more, because some of the things I've seen, my own former professors at Osgood Law School here in
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Toronto Tweet are just unforgivable. And I really, really, you know, part of me wants them to lose
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their job and to face big consequences. But, but at the end of the day, universities need to be places where
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you can express the most controversial ideas. And universities have, obviously, professors have free
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expression. But in the university context, what we're talking about more, I think, is academic freedom, whether
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you're talking about students or professors, and that's a similar concept, which is like, basically,
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you know, professors and students can't be punished for their political or their religious points of
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view. And what the only thing they can really be punished for is, you know, not teaching the subject
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that they're supposed to teach. And this sort of developed because throughout history, the church was
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always trying to control what people could think in universities, you know, you couldn't say that the
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sun, you couldn't say that the earth was round, right, or else you face the inquisition. And lots of ideas
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that come up on campus that seem absolutely wrong and absolutely crazy to everyone turn out to be right in
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the long run. And so you need a space for that, where everyone is going to be able to express the
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most controversial ideas without risking getting getting fired. So that's why we have academic freedom.
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And I think I do support continuing with that that principle. I was thinking about this, like academic
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freedom. If you go back to like the 1960s in Canada, there were no places where you could talk about,
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like gay rights, like LGBT rights, which is what we call them now. And the only place you could do that
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was on campus, like you couldn't talk about it in the newspapers, you talked about it at work, even if
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you work for the government, you're going to get fired immediately. And over time, people have come to
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realize that like gay people deserve equal rights, because they have had these these discussions that
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first started on campus. So I think you should call out a lot of these students, more so the professors,
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like students are there to learn, and they make stupid mistakes. And I think you should be able to
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forgive people when they're in that learning process in their early 20s. But it's okay to call them out and
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to say their speech is wrong. But they shouldn't be facing, you know, punishments for that. And
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the same with professors, like I absolutely despise what some of these professors have said, but I don't
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want to see them fired for it. Because, again, if you can fire a professor for an idea that you don't like,
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then you can be fired for an idea that some other professor doesn't like.
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Yeah, I mean, there's certainly an irony here, right, that many on the so called progressive left
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who were busy canceling people that they disagreed with, and tarring people like me as far right and,
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and that sort of thing. The shoe is now on the other foot, as they face cancellation by people on the
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right. Um, and so I wonder, I mean, do you think, uh, the rights commitment to, uh, free speech, um,
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has been selective? Do you think it was mostly a political thing and not a genuine commitment to
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free speech? Because I've noticed a lot of people who are pro-freedom, um, and, you know, supported the
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truckers' right to protest and were against vaccine mandates and big government and, uh, protesting and,
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and, and, and, uh, you know, voicing their concerns against, uh, regarding government overreach
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are quite okay with banning, uh, rallies and, uh, censuring people.
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Yeah, I think, um, I think it's a good point. I think that, um, the, the right in Canada and the
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US can be a little bit more principled about these things, but it's really hard. It's, you know,
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it's hard to, to maintain these principles because we have this sort of human nature where
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we want to punish people for, um, ideas we don't like. Like that's the natural approach is to get
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angry and to say people should be punished for, for having these abhorrent ideas. You know, free,
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free speech is not sort of the natural, um, human nature. It's something that takes,
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takes work to commit to those principles and remind yourself, um, that even though someone
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might have tried to cancel you, you shouldn't, you know, cancel them in revenge. And, um,
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you know, I, I'm actually surprised by how many people have been supportive of the position that,
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you know, we at the constitution foundation have taken, which is that, um, we don't like these
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pro Hamas rallies, but people have a right to go out and, and, and say what they think,
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as long as they don't breach the law. Um, and we've, we've had so many people write to us and say
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that they, they support us and that we're, they're glad we're being principled in this particular
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moment. And so, um, I do still, still have some hope for, for these things.
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I want to get your take on, um, uh, incitement to violence and hate speech. Um, uh, I tend to,
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I tend toward free speech absolutism. Uh, and I think that anti-hate speech, what is considered
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as hate speech, it's, it's, these are very, it's a vague definition as far as I'm concerned. I've been
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accused of hate speech, uh, you know, and you know, for, for some, some, some positions I've taken.
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Um, is there a red line here, um, um, you know, beyond which free expression turns into hateful
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incitement to violence that ought to be censored or censured, um, and even subject to criminal charges?
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So first of all, I would just want to say, I absolutely agree with you that it's really,
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really hard to define what's hateful. And this is, um, this has always been a problem for judges,
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like the Keekstra case I mentioned before, um, justice McLaughlin was saying, we shouldn't have
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this willful promotion to hatred, uh, section of the criminal code. We shouldn't be sending people
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to jail for hate because hate is extremely subjective. And, um, you know, the, the,
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the chief justice at the time, Brian Dixon in another case, uh, called, um, Taylor said, oh no,
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it's actually fine. We can figure out what, what's hateful and what isn't. And it's not that subjective.
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Everybody knows it means vilification, columny, and, um, detestation. It's like, well, those are just
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synonyms for hatred, right? And if you or I go on Twitter, we know that people are constantly,
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uh, accusing everyone of hate speech all the time. And so it's like a very dangerous thing
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to outlaw hate speech. And I'm extremely opposed to, you know, human rights tribunals deciding what
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you say online is, is hateful or not. And some of the proposals we've heard about that, like, uh,
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bill C 36, but, um, you know, the Supreme court has decided there are, there are some limits that are
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constitutional and those are where you're inciting to, to violence, like you say. So, um, for example,
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section 318 of the criminal code, um, that says it's illegal to incite, um, incite people towards
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genocide. So if you think about that, like, and I've seen some videos out there of protests where it
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looks like this is happening, where people go to a rally and they say, you know, Jews are subhuman,
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uh, Jews should be killed. Let's go find some Jews and kill them. That happened in, in London,
1.00
00:27:09.820
England recently to me that crosses the line into criminality. And that person is a threat in a
00:27:18.220
sense of they're about to commit physical violence against Jews. And they're encouraging other people
1.00
00:27:23.980
to commit, you know, physical violence or genocide. So I think that is a line. Um, I think that's a line
00:27:30.940
that's clear enough that the law is, um, is, uh, supportable. So I can see 318 being a justified
00:27:41.180
limit on free speech, but the one we were talking about earlier, which is the willful promotion of
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00:27:45.660
hatred, which is what Keekstra considered. I don't think that's a justifiable limit and it's because
00:27:51.340
people are always accusing other people of hatred. And it's just such a subjective
00:27:56.860
thing. And you know, that the powers that be are going to use that, um, if they can to, you know,
00:28:03.020
suppress controversial, but perfectly legal and acceptable speech that helps us get to the bottom
00:28:09.580
of things in a democracy. Um, can you tell me a bit about, uh, Bill C 36, um, which is, uh, trying to,
00:28:18.620
um, make, uh, speech online, online speech. Um, it's, it's trying to regulate it. So, um,
00:28:25.580
could you explain to us what, what the implications of that are?
00:28:29.980
Yeah. So three C 36, I'm happy to talk about anytime someone wants to talk about, because
1.00
00:28:35.260
it's one of the most frightening laws I've ever seen proposed in Canada from a free speech perspective.
00:28:43.340
And basically just to give a little bit of background. So we used to have in the Canadian
00:28:48.460
and human rights code or the act, um, at the federal level, we used to have a prohibition on,
00:28:55.820
you know, hateful speech. So communicating hateful communications. And this predated most of the
00:29:02.620
internet and social media and, um, the Supreme court upheld that, that as, as legal in a case called
00:29:10.940
Taylor that I mentioned, but, um, it became a real problem, this section 13 of the, the human rights
00:29:19.020
act, because, uh, what you had was the Canadian human rights tribunal taking journalists to, um,
00:29:27.740
essentially to court and saying, you know, journalists, you can't print this, or you need
00:29:32.300
to print something else, or we're going to find you for printing something that we consider discriminatory.
00:29:37.580
And the most famous case of this was a guy named Mark Stein, who's now, he's often on American,
00:29:44.220
um, shows now, but at the time he wrote for McLean's magazine, which is the magazine that I
00:29:50.540
went to work for a couple of years after this incident. And Stein wrote this article called
00:29:56.540
the future belongs to Islam. And basically his thesis was, and I reread this a couple of months ago.
00:30:03.420
Um, his thesis was that Europe is demographically very rapidly becoming more Islamic because,
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00:30:11.180
um, like European birth rates are really low and all of the immigration is from Muslim countries and
00:30:18.060
fertility among the Muslim immigrants was really high. So his thesis was very, very controversial.
00:30:24.300
It was basically that Europe is going to, um, no longer be a democracy. One day it's going to be a
00:30:30.460
theocracy because the demographics are just shifting towards an Islamic majority in Europe.
00:30:36.460
And, you know, this was 20 years ago and, um, it was a pretty inflammatory article, but the,
00:30:42.620
the idea that the government, government bureaucrats working for this human rights tribunal could come
00:30:48.300
to McLean's and say, this article is discriminatory. We want you to publish another article that we approve
00:30:55.100
of from these Muslim people who are angry with you and we're going to potentially find you. That was just
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beyond the pale. And actually at that point, all the journalists from whether you were at the, you know,
00:31:06.380
national post or the Toronto star, all the journalists got together and said, this section 13 has got to go.
00:31:12.540
So Stephen Harper was elected. He got rid of section 13 and we no longer had this discriminatory speech provision.
00:31:19.820
And Justin Trudeau, for whatever reason, decided he wants to bring this back and make it even more
00:31:26.860
extreme than it was before and, and bring it back in the internet era where there are, you know,
00:31:32.380
millions of people who could potentially complain about, uh, so-called hate speech online. And so
00:31:38.060
he proposed this in a bill called C 36. The main part of the bill would be bringing back this section 13
00:31:44.300
and saying people can haul you before this tribunal where you might have to pay them $20,000 if you
00:31:51.580
said something they didn't like online on Twitter and they could find you up to $50,000 Rupa if you
00:31:58.060
tweeted something that was hateful. Um, and your accusers could be anonymous potentially. So you would have
00:32:05.180
anonymous people complaining about your tweets as being hateful and they get the commission goes after
00:32:12.460
you with, they help, they help this person go after you anonymously and you have to pay, you know,
00:32:18.220
potentially $20,000 to them. Um, and that was only half of it. There's also criminal code changes. So
00:32:24.940
a judge could decide that someone was about to commit hate speech and could put conditions on you
00:32:32.060
to ensure you don't commit hate speech, like an ankle bracelet or, um, a curfew or potentially even jail
00:32:39.260
you. And if you didn't comply, you would go to jail for, because they're concerned that you might
00:32:44.540
commit hate speech in the future. Like this law is just absurd. And it actually passed in parliament,
00:32:50.380
the first reading, but thankfully in 2021, we had an election. So before the bill could get all the way
00:32:57.100
through third reading in the Senate and signed off by, um, the governor general, the bill died. And so,
00:33:03.580
uh, for now it's gone, who knows if they'll bring it back. Well, that's, uh, you know, what the bill,
00:33:10.860
of course itself is frightening the way you've, you've described it. And, uh, it, it, you know,
00:33:16.700
and this leads me to my next question, which is, you know, for, for something like this to even come
00:33:22.300
about, it has to have a fair amount of support. Um, and why is it that in this country, we are just
00:33:29.660
willing to go along with, with this kind of thing where we're so incredibly compliant that we don't,
00:33:37.340
we don't see these attacks on our individual liberties in the same way, say, say, you know,
00:33:42.380
our, our, our American friends feel very strongly, you know, when you, when you take away their right
00:33:47.660
to do something, you know, especially when it comes to things like guns. Uh, but, um, but, you know,
00:33:53.580
here we just seem to go along with this, this, uh, bill C11, which is now law once again, just passed,
00:33:59.500
you know, uh, and there was a lot of noise towards the end, but in the end it passed, it's now law.
00:34:05.500
And I, and that again is, you know, an attack on free speech. And now this bill C36 could,
00:34:11.980
could come back at some point, I imagine. And I just don't see people agitating against this kind
00:34:19.180
of thing, you know, what's going on. Yeah, it's a, it's a good question. I think, um, a big part
00:34:24.780
of it goes to Canadian culture and we're just a different culture. Like the Americans have a
00:34:29.500
revolutionary origin, whereas Canadians have, um, their origin in, you know, supporting the British
00:34:36.460
and not having a revolution. And also, of course we have the whole component of Canada. That's, um,
00:34:42.940
that's a Quebecois. And another part of, so another part of it is, you know, the, the US,
00:34:49.340
they really do teach the constitution in their schools and people have little printed constitution
00:34:56.220
books. Um, and they sort of regular people know the text, whereas here, you know, our constitution is
00:35:03.420
a bit more complicated. We have the charter, but it's pretty new. It's only, you know, 30,
00:35:08.700
40 years old or so. So we just haven't built up that, that culture of, um, respect for the
00:35:15.580
constitution that, that Americans have. So I think it's pretty cultural at the same time.
00:35:22.780
You know, you can see the argument for some of these restrictions. Like if you don't think much
00:35:28.140
about free expression, you don't worry much that the government's going to come after your expression,
00:35:33.820
because for example, maybe you support the current government and you agree with everything that
00:35:38.780
they say. Um, I can see people saying we need to crack down on hate speech online. You know,
00:35:45.580
it's harmful. It hurts people's feelings. It makes them feel like they can't go on Twitter
00:35:50.300
and participate because it's too toxic or, um, you know, people think abhorrent things about my
00:35:56.300
religion or my gender or my sexual orientation. And therefore the government should be trying to do
00:36:02.140
something, but doing something is very different than, um, eliminating people's free speech, right?
00:36:08.700
You can, you can do other, you can do other things to count counter hateful speech than suppress speech.
00:36:16.380
Yeah. Well, um, yeah, I mean, uh, it's a, it's a pretty dispiriting situation for sure. Uh,
00:36:23.900
especially here, uh, we always seem to be like different than everybody else, uh, when it comes
00:36:29.500
to free speech. Uh, but now, I mean, in the context of this current crisis, um, you have even France,
00:36:36.940
uh, you know, trying to ban, uh, um, protests and rallies that, uh, are marching in, in favor of the
00:36:44.700
Palestinian cause. But Josh, I, I really appreciate you coming on the show, uh, and offering your
00:36:50.940
insights. Uh, it's been a very informative conversation for me and hopefully for our viewers
00:36:56.460
and listeners as well. And I really hope to have you back on my show soon. Thanks so much,
00:37:02.700
Rupa. Take care. Yeah, no worries. Thank you. Thanks so much.