Brexit, Public Protest And The Judiciary

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No, criticising legal rulings is not fascism

Right now the internet is bubbling with a lot of nonsense about the role of the British judiciary as relates to Brexit, and though I have my head full of US election news ahead of tomorrow night’s Semi-Partisan live blog, there are a couple of pieces of egregious stupidity which need slapping down.

Today, of course, Nigel Farage made headlines by announcing his intention to lead a march of 100,000 people on the Supreme Court in an effort to demonstrate the public’s supposed strength of feeling about ramming Brexit through without any Parliamentary scrutiny.

From the Telegraph:

Nigel Farage is planning to lead a 100,000-strong march to the Supreme Court to coincide with the start of the Government’s attempt to stop peers and MPs delaying Brexit.

The march, organised by the anti-European Union campaign Leave.EU, will end with a rally in Parliament Square within sight of the court building where judges will be hearing the appeal.

The campaign group is planning to “crowd fund” £100,000 from its supporters to pay for barristers to represent Leave supporters in the court action.

This will mean that the anti-EU supporters will have their own barristers in the legal action, who can challenge claims made by Remain supporters and even the Government.

[..] A spokesman for the organisers said that Mr Farage and Leave.EU millionaire backers Arron Banks and Richard Tice had “secured support from thousands of Leave voters” for the march and legal action.

The march will most likely take place on December 5, which is expected to be the first day of the hearing. The Supreme Court has cleared four days for the hearing which will be streamed live on the internet.

As this blog recently laid out, I am fairly relaxed about the High Court case and the coming appeal to the Supreme Court. If David Cameron’s utterly useless government had a) planned the referendum properly, and b) considered the possibility of Leave winning then all of this might have been spelled out clearly at the time of the referendum, as it should have been.

That being said, MPs are aware of the hellfire which would rightly rain down on them if they seriously attempted to subvert the referendum result; if they now want to give their cosmetic blessing to a high-level instruction to the government to invoke Article 50 then they are welcome to go ahead.

Of course, some people inevitably then take it too far. UKIP leadership candidate Suzanne Evans quickly took to the airwaves making incoherent comments about the need to exercise “democratic controls” (whatever that means) over the judiciary.

From the BBC:

Ms Evans told BBC Radio 4’s Today programme there were likely to be “protests and demonstrations”, but added that these would be peaceful.

She added: “I have a concern that Article 50 is not intended to facilitate nation states leaving the European Union. I think it’s there to frustrate them.”

Ms Evans said she thought the legal process could “water down Brexit”.

She added: “I think it’s amusing that the very same people who say it’s all about parliamentary sovereignty have, for the last 48 years, been trying to undermine parliamentary sovereignty”.

Ms Evans said: “I think there’s a debate to be had about whether or not judges are subject to some kind of democratic control.”

She did not want to undermine “their judicial independence”, but added: “I suppose that in this case, we have had a situation where we have judges committed to stay in the European Union…

“I’m questioning the legitimacy of this particular case. We know that the legal profession threw a collective hissy fit when we voted to leave.”

This is just incoherent garbage. “Democratic controls” could mean anything from moving towards a system where many judges are elected (as in many American states) toward some kind of constitutional fix to prevent judges from ruling to delay or impede the government from carrying out the instructions from this or any future referenda.

At no point does Suzanne Evans articulate what kind of controls she has in mind, which naturally plays into the hands of tremulous Remainers who are lightning-quick to portray any intemperate or ill-considered language from Brexiteers as a sign of the oncoming fascist apocalypse wrought by Brexit.

From the Huffington Post:

Her comments were branded “irresponsible”. by Labour’s shadow Brexit secretary Keir Starmer. “Some of us have worked in countries where judges do as governments tell them and we know that is highly corrosive of the rule of law and democracy,” he told Today.

Starmer said the High Court had simply “upheld the rule of law” by deciding the prime minister did not have the power to trigger Article 50 without a parliamentary vote. “It’s a slippery slope,” he said of Evans’ comments. “Principle is really important here. The rule of law really matters. It underpins this country.”

However Evans said she had not been talking about judges being subject to elections, but instead “pre-appointment and confirmation hearings” and “scrutiny by select committees”.

Typically, hysterical and bitter Remoaners like Coke Zero Conservative Anna Soubry led the way with her cries of “fascism!”:

However, many pro-EU commentators, in their sudden high-minded support for the independence of the judiciary, seem to be suggesting that any form of protest directed at judges or the courts is absolutely unacceptable and fascistic, whatever the reason.

LBC’s notoriously and stridently europhile presenter James O’Brien ripped into the protest, essentially declaring that it is wrong to protest legal decisions and rulings:

Today James gave his reaction to the march and it’s safe to say he wasn’t impressed: “We’re post-truth now…what’s Mr Farage doing? Having a little march to the Supreme Court to complain about British judges enacting British laws in British courts.

“Truly we are down the rabbit hole!”

James continued: “He says to remind people what they voted for. I appreciate your core support is a little bit flaky pal, but I don’t think anyone’s forgotten what they voted for.

“It’s quite incredible. Yet we’re all still standing alongside, going: ‘Oh, I wonder why this is happening.’

“I’m not wondering why this is happening. I know why this is happening. Same reason it’s happened throughout history. You take angry people who feel like they’re not getting a fair deal, give them a false target for their fury and just sit back and watch the whole place burn down.”

Presumably O’Brien feels similarly sickened when crowds of people assemble in front of the United States Supreme Court to protest in favour of socially progressive outcomes, like striking down the Defence of Marriage Act (DOMA). Except we all know that O’Brien would have no problem with such protests. Demonstrating about legal cases is abhorrent and intimidating when Nasty Brexiteers do it, with their thuggish and populist ways, but absolutely fine when the people march under a rainbow flag or advocate for a progressive cause.

But some of the most thin-skinned people of all are those within the legal profession, who apparently feel under assault by Brexiteers and parts of the media in the wake of the High Court decision.

From the Guardian:

The justice secretary, Liz Truss, is embroiled in an extraordinary row with the country’s barristers, after she was accused by the Bar Council of not fulfilling her role as “the conscience of the government”.

Truss has failed to condemn vitriolic attacks on the three judges who last week ruled that parliament must be given a vote before Britain triggers article 50, launching the Brexit process.

Chantal-Aimée Doerries QC, the chairman of the Bar, the representative body for barristers in England and Wales, told the Observer that the cabinet minister had a duty to uphold the rule of law. “[Her job] is sometimes called the conscience of the government and one would expect her to speak out on something like this,” she said.

The high court ruling on Thursday, which the government has said it will appeal, unleashed a torrent of personal abuse directed at the judiciary, with one prominent cabinet member claiming the judges’ decision was “unacceptable”.

Under huge pressure to defend the independence of Britain’s judges, Truss – who is also lord chancellor – issued a terse statement on Saturday, observing: “The independence of the judiciary is the foundation upon which our rule of law is built and our judiciary is rightly respected the world over for its independence and impartiality.”

What more do these wobbly-lipped victims want? The High Court made a decision, and various citizens together with certain press outlets exercised their free speech rights to criticise that decision in loud and forceful terms. Did anybody attempt to physically or mentally coerce the judges who made the ruling? No. Has anybody hatched a plan to neuter the judiciary’s ability to rule in future such cases? No. So what, exactly, does the Bar Council want? Apparently they want to be exempt from criticism. And to elevate the judiciary into such an exalted position would be truly frightening and totalitarian.

If the Bar Council, assorted other members of the judiciary and a coterie of Remainers expect Liz Truss to stop the Big Bad Scary Media from uttering opinions about the validity of legal decisions or the motivations of the people who make them then they really have taken leave of their senses, as well as any conception of the role of a free press in a democracy.

All in all, many Remainers seem to be taking leave of their senses. Those people who never gave the judiciary a second thought but who are now lionising it simply because they delivered a verdict which seems to frustrate some Brexiteers need to realise that the judiciary is not always high-minded and impartial.

The BBC reports that Lord Judge, the former Lord Chief Justice, opined that the Supreme Court should not overturn the High Court’s ruling because to do so might be *perceived* as a victory for the demonstrators:

The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.

Lord Judge said it would be seen as a victory for pro-Brexit demonstrators should the Supreme Court reverse last week’s controversial High Court ruling.

[..] Lord Judge, who was the most senior judge in England and Wales between 2008 and 2013 and who is now a crossbench peer, told BBC Newsnight that people were entitled to protest but he was concerned about the impact the case might have on the legal system.

“People can march as much as they like,” he said.

“I don’t think it makes any difference to the judicial decision but it does make a difference to public order.

“Let’s say for the sake of argument the Supreme Court decides the High Court was wrong, it will undoubtedly be conveyed as a victory for the demonstrators.

“It won’t be but that’s what will be conveyed. And if that is conveyed, you’ve undermined the administration of justice.”

In other words, the head of the judiciary from 2008 to 2013 thinks that the Supreme Court should make a decision not based on the law, but rather on a desire to signal to unruly Brexiteers that judges cannot be pushed around. Even if there are found to be legal grounds for overturning the lower court’s decision, Lord Judge believes that the Supreme Court should allow error to go uncorrected in order to put the people in their proper place.

And yet criticising these people or displaying the slightest scepticism about their motivations and objectivity is apparently tantamount to fascism.

Give me a break.

 

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The Age Of Anxiety

Now is the age of anxiety

Both professor and prophet depress,
For vision and longer view
Agree in predicting a day
Of convulsion and vast evil,
When the Cold Societies clash
Or the mosses are set in motion
To overrun the earth,
And the great brain which began
With lucid dialectics
Ends in a horrid madness.

W. H. Auden, The Age of Anxiety

 

We are just back from a refreshing weekend away in Paris, where we were able to soak in some culture and indulge in excellent food.

If you find yourself in the vicinity, I strongly recommend a trip to Yam’Tcha for lunch or dinner. In an horrific act of oppressive cultural appropriation (…), chef Adeline Grattard makes an amazing dim sum style bun filled with molten Stilton cheese and cherry, a sublime Franco-Chinois combination that works so well that you just want to stuff one into the whining mouths of every little SJW on tumblr, only of course they are far too good to waste. It is a beautiful but small space, so you will need to book well ahead to get a table. Non-celebrities like us gave it a month.

We also took in an excellent exhibition at the Musée de l’Orangerie, entitled “The Age Of Anxiety“, a display of American art from the depression-era 1930s. The exhibited works (featuring paintings by Edward Hopper, Georgia O’Keeffe, Paul Cadmus and Grant Wood, including the first overseas loan of “American Gothic” from the Art Institute of Chicago) give an insight into how different artists of the period captured or reacted to a period of great economic turbulence, uncertainty and (for many) deprivation.

The theme of the exhibit picked up the thread of my last blog post, in which I pondered why it is that Americans were able to endure the Great Depression with its attending sufferings and indignities without coming close to electing a hyper-authoritarian strongman as president, while today’s America may potentially elect Donald Trump to the presidency on Tuesday.

As I wrote last Thursday:

Now, this blog has every sympathy for many of Donald Trump’s supporters, who feel utterly let down by an American political class which has alternately pandered to them before betraying them, ignored them or held them in open contempt. And while this blog is very much pro free trade and managed immigration, the fact that Americans have not even had a choice when it comes to these issues based on the position of the two main parties is sufficient reason alone for the rise of a populist like Trump, albeit not necessarily a candidate with Donald Trump’s gargantuan personal flaws.

So yes, things are bad, and yes, the political class has not been responsive. But America managed to survive world war and economic depression in the twentieth century without coming this close to electing a dangerous authoritarian. Whatever afflictions the struggling “left behind” class said to make up much of Trump’s support may now be experiencing is nothing compared to the suffering of, say, the Dust Bowl. To react to these present circumstances by reaching for Donald Trump when their ancestors typically bore their tribulations far more stoically is in some way a reflection of American moral decline, which is very worrying indeed.

A few Trumpian defences immediately spring to mind – the fact that the stagnation of real wages and living standards among the squeezed middle is in some cases decades long now, leading to a much greater build-up of anger than was perhaps the case prior to 1929, or the fact that the alternative to Donald Trump is such a flawed candidate. But I think the criticism remains valid, and the question a pressing one.

Regardless: given that we are but two days away from the American presidential election in what is very much shaping up to be a 21st century age of anxiety, today’s Music For The Day is the Masque (Part 2, Section B) from Leonard Bernstein’s Symphony no. 2, The Age of Anxiety, performed here by the Simon Bolivar Youth Symphony Orchestra under the direction of Gustavo Dudamel, with pianist Kirill Gerstein.

This nervous, skittish piece with its odd syncopated rhythms and unpredictable air seems to perfectly encapsulate the current American political climate (and my mood).

I’ll be live-blogging the election results here on Semi-Partisan Politics on Tuesday night and through into Wednesday morning, while also hosting an election watch party and serving up some of Sam Hooper’s famous Buffalo chicken wings.

Do pour some strong coffee and join me.

 

 

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Bottom Image: New York Movie by Edward Hopper, 1939

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On The Article 50 Ruling

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Everybody calm down

So as was always a possibility, the High Court has ruled that the government does not have the authority to initiate Britain’s secession from the EU by invoking Article 50 of the Lisbon Treaty without first winning a vote in Parliament.

From the Guardian:

Parliament alone has the power to trigger Brexit by notifying Brussels of the UK’s intention to leave the European Union, the high court has ruled.

The judgment (pdf), delivered by the lord chief justice, Lord Thomas of Cwmgiedd, is likely to slow the pace of Britain’s departure from the EU and is a huge setback for Theresa May, who had insisted the government alone would decide when to trigger the process.

The lord chief justice said that “the most fundamental rule of the UK constitution is that parliament is sovereign”.

A government spokesman said ministers would appeal to the supreme court against the decision. The hearing will take place on 7-8 December.

The lord chief justice said: “The court does not accept the argument put forward by the government. There is nothing in the 1972 European Communities Act to support it. In the judgment of the court, the argument is contrary both to the language used by parliament in the 1972 act, and to the fundamental principles of the sovereignty of parliament and the absence of any entitlement on the part of the crown to change domestic law by the exercise of its prerogative powers.”

Unless overturned on appeal at the supreme court, the ruling threatens to plunge the government’s plans for Brexit into disarray as the process will have to be subject to full parliamentary control.

Starry-eyed, anti-democratic campaign group New Europeans are naturally delighted by this development, which they see as the first step toward overturning/ignoring the EU referendum result and ploughing on as though their hateful and spurned vision of a federal continental union had not just been summarily rejected at the ballot box.

Moments ago this cautiously triumphant missive from New Europeans pinged into my inbox:

This only adds to the political challenges for those of us who are determined to stop Brexit come what may.

If Theresa May decides to call an early election as a result of the legal challenges, we will find ourselves with a new parliament elected with a huge Conservative majority and a parliamentary mandate to deliver Brexit.

In this scenario, there will be no chance of a second referendum on the deal. Britain will be out of the EU in no time and there will be no way back. The best we could do would be to secure safeguards for EU citizens already here and Brits in Europe through our campaigning in Brussels.

On the other hand, if Theresa May is able to start the negotiations and bring the deal back to the current parliament, it is plausible that she will not be able to carry a majority for her Brexit deal, particularly if it is a hard Brexit deal (as seems likely), the cost of which will be truly “titanic”.

Failure to secure a parliamentary majority on a Brexit deal will mean a new election and provides the opportunity for a second referendum on whatever deal she negotiates. That would not be a referendum like the last one on the question “Do you like migrants?”. It will be a referendum on the cost of Brexit and I predict that the public will vote over-whelmingly to stay.

There is a huge job to do if we are serious about stopping Brexit. One of the key arguments in the legal challenge must continue to be the focus of our campaigning. It is not acceptable for the government to remove the individual rights of citizens by way of a referendum.

The rights that EU citizens – and all British citizens are currently EU citizens- will lose on Brexit mean that from a legal, moral and political point of view Brexit should not be allowed to go ahead.

From a moral point of view? When will these preening, sanctimonious euro-moralists get over themselves?

Meanwhile, Pete North takes the news in his stride:

The government will appeal. I’m pretty relaxed about it to be honest. The vast majority of Tories will fall in behind May and Article 50 will pass even if it scrapes a majority. There is no question of it not being invoked. The main sticking point will be a parliamentary demand that Mrs May pursue membership of the single market which she is in all likelihood planning on doing anyway. Why they are bothering I don’t know since Mrs May can make no guarantees. If they do manage to block it by some obscure means then they are basically signing their own death warrants and I think they know this. No MP would ever be safe in public again. From an anti-establishment perspective either suits me fine. If they want to spit on Brexit then they are basically declaring open war on the public. That’s a battle they lose every time.

I’m inclined to agree. Any Remainer celebrations are premature in the extreme. Even assuming the government loses its appeal to the Supreme Court (and unlike some angry Brexiteers I do not claim to be enough of a British legal scholar to know whether or not the case deserved to win on its merits), Parliament would almost certainly not stand in the way of the referendum result, no matter the posturing of some pro-EU MPs.

I don’t really remember the Poll Tax riots toward the tail end of Thatcher’s government. I mean, I remember seeing stories about it on the news, but since I was only eight years old the political ramifications of what I was seeing rather eluded me. But despite my hazy memory, I think it is safe to say were MPs (and it would have to include many Labour MPs representing constituencies which voted to leave the EU) to vote against giving the government authority to invoke Article 50, the resulting conflagration would make the Poll Tax riots look like a summer picnic on Hampstead Heath.

Never mind the constitutional ramifications, and the bizarre state of limbo into which Britain would fall, caught between an instruction from the people to secede from the EU and the petulant demand of MPs to remain. That is nothing compared to the wave of fire and fury and civil disorder that would (rightly) be unleashed upon Parliament, the political class and those MPs responsible.

Now, in our benighted age it is true that we suffer a number of MPs of less than exceptional intelligence and ability. But even the slowest of the crop are capable of grasping that when push comes to shove, they do not want their final act on Earth to be telling the British people, including many of their own constituents, to go to hell – that we should pipe down, forget about independence from the EU and meekly listen to the instruction of our superiors.

Let the legal process unfold as it may. If putting the ball back in Parliament’s court  gives Remainers who now suddenly fetishise British parliamentary sovereignty (after having been happy to watch it relentlessly undermined through our years of EU membership) a furtive thrill, or helps to shore up their denial, then so be it.

They will find the survival instinct of the British political system is much stronger than their ongoing child’s tantrum about being parted from their beloved European Union.

 

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Tales From The Safe Space, Part 46 – Purging Catholicism From A Catholic University In The Name Of Social Justice

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When academic or religious freedom is at stake, principled pro-free speech professors can expect no cover or support from their spineless university administrations

We have already seen how the leaders and administrators at one American Catholic university – DePaul University in Chicago – have demonstrated that they would sooner purge their own faith from campus than do anything which might risk upsetting the SJW cultists and their new secular gods of social justice and identity politics.

And now Rod Dreher brings us news of another persecution taking place, this time at Providence College in Rhode Island, where literature professor Tony Esolen finds himself besieged by vengeful students and hung out to dry by his superiors for having written a thoughtful essay for Crisis Magazine, questioning the current cult of Diversity At All Costs.

Was the essay rather provocative? Well yes – it was titled “My college succumbed to the totalitarian diversity cult”. But at one time university professors were expected to do and say provocative things. It was part of creating a climate of no-holds-barred intellectual debate, the kind which seems to have become so unfashionable of late.

But Esolen made a compelling argument in his essay – writing, remember, from the perspective of an orthodox Catholic teaching at a supposedly Catholic educational institution:

I understand what it is to have a Greek festival or an Italian festival, or a parish festival where fellow Catholics come out to enjoy good high-calorie food, play some innocent games of chance, and try to get the priest to sit in the dunking machine. For man is always united from above, not from below, and that includes even the make-believe transcendence of the local baseball team, which is harmless enough if not taken too seriously. When Catholics come to Mass to pray, they do so as members of one Church, not ten, not fifty, praying the same prayers all over the world, because they give thanks to the one Lord and Savior who died for them on one cross, on the one hill of the Skull, on that one Friday long ago. This was the same Lord who prayed that we would be not ten, not fifty, but one, even as he and the Father are one.

But the watchword at Providence College right now is not unity, but “diversity,” as is made evident by the four-page Diversity Program featured prominently on our website. When I see the word “diversity” in its current use as a political slogan, I ask myself the following questions:

What is diversity, as opposed to divergence?
What is diversity, as opposed to mere variety?
What goods, precisely, is diversity supposed to deliver?
Why is intellectual diversity not served by the study of a dozen cultures of the past, with their vast array of customs, poetry, art, and worship of the gods?

Immediately one can see how this would offend the SJW ideological enforcers, who preach that we are not one, but many, and that we must continually emphasise and acknowledge our differences – often to the extent of resegregation – rather than highlight our common bonds.

Esolen concludes his essay:

But there is no evidence on our Diversity page that we wish to be what God has called us to be, a committedly and forthrightly Catholic school with life-changing truths to bring to the world. It is as if, deep down, we did not really believe it. So let us suppose that a professor should affirm some aspect of the Church’s teaching as regards the neuralgia of our time, sex. Will his right to do so be confirmed by those who say they are committed to diversity? Put it this way. Suppose someone were to ask, “Is it permitted for a secular liberal, at a secular and liberal college, to affirm in the classroom a secular view of sex and the family?” The question would strike everyone as absurd. It would be like asking whether we were permitted to walk on two feet or to look up at the sky. Then why should it not also be absurd to ask, “Is it permitted for a Catholic, at a college that advertises itself as Catholic, to affirm a Catholic view of sex and the family?” And I am not talking merely about professors whose specific job it is to teach moral philosophy or moral theology. I am talking about all professors.

In my now extensive experience, Catholic professors in Catholic colleges have been notably tolerant of the limitations of their secular colleagues. We make allowances all the time. We understand, though, that some of them—not all, but then it only takes a few—would silence us for good, if they had the power. They have made life hell for more than one of my friends. All, now, in the name of an undefined and perhaps undefinable diversity, to which you had damned well better give honor and glory. If you don’t—and you may not even be aware of the lese majeste as you commit it—you’d better have eyes in the back of your head.

So naturally, outraged SJW students at Providence College went running to the college president in tears, claiming that they had been “harmed” by these thoughtful and completely non-malicious essays.

Equally predictably, the university authorities rolled over in the face of this tyrannical power play by the band of wobbly-lipped permanent victim students, and effectively censured Esolen. As Esolen recounted to Rod Dreher:

My friends of course were outraged, and I was stunned — basically, I had been singled out and exposed before the whole faculty, very few of whom were probably even aware that there was such a thing as Crisis Magazine; and of course they and the students are not my audience when I write for Crisis or whatever. Then, as if that were not bad enough, the President met with faculty on Wednesday afternoon, and all they did for a solid hour was to revile the evil Professor Esolen, with a few old-fashioned liberals defending my right to express my opinions, and several of my stalwart friends from philosophy and theology defending me personally and criticizing the president for his decision and for his handling of related matters. When the president said that he believed that he had to act “for pastoral reasons,” they replied that it was a strange form of pastoral care that pits every member of a community against one.

And it is still not over. The faculty have circulated a “petition,” or a resolution, or something neither flesh nor fowl, to the effect that though we all have academic freedom, it has to be exercised responsibly, and reviling “some part of the PC faculty” that is “unabashed” in publishing articles that are racist, xenophobic, sexist, homophobic, and religiously chauvinistic. The petition has been signed by various faculty members and students. And STILL I hear that they are not satisfied, but are trying to figure out if they can use my articles to nail me for “bias” and hate, basically asserting that I am not capable of teaching certain categories of students — gay, female, and so forth.

Though he remains able to appreciate the bitter humour in the situation:

As I’ve said to people, authors don’t choose the titles for articles for Crisis Magazine; the editor does that, for the sake of “traffic” on the page. His title was a bit provocative. But everything that has happened since then has shown me, alas, that the editor saw more than I did, or more than I have been willing to admit. The irony would seem to be obvious: “How DARE you suggest that there is a totalitarian impulse in our behavior? You should be FIRED!” And then of course there is the brazen cheering of the faculty when it is proposed that we should not be Catholic after all.

The strange irony of it all is that I’m the one who believes that a wide diversity of cultures and of institutions is a good thing, and they really do not. I do not WANT all colleges and universities to be basically the same; they do.

The list of demands presented to Providence College by the student protesters is full of all the demands for compulsory re-education (of students and faculty), gutting the core undergraduate curriculum to de-emphasise the Western Canon and make it more SJW-friendly, pumping more money into ethnic and gender studies, aggressive hire of minorities on an affirmative action basis, trained counsellors to minister to the delicate emotions of the student snowflakes, the building of a “multicultural center” and – naturally – the hire of new dedicated Diversity Professionals to oversee the new regime.

We are becoming accustomed to reading these laughably impertinent demands, but this document really does take one’s breath away with its sheer scope. And given the fact that the president (Fr. Brian Shanley) folded faster than Superman on laundry day when students first protested professor Esolen – sending them a grovellingly conciliatory letter which basically threw Esolen under the bus – I would not bet against the list of demands being implemented in full, unquestioningly, within the space of a decade.

When spineless university administrators are forced to choose between academic freedom or facing down the minority of SJW agitators who are determined to turn academic life into a pointless, totalitarian dystopia of identity politics totalitarianism, academic freedom loses every time. And when Catholic university administrators are forced to choose between defending the right of orthodox Catholics to express their faith or bowing to endless demands from the most privileged generation of college students in history, again there is no question. The demands are implemented and Catholicism goes out the window before you can say “that’s oppressive”.

Hopefully the new attention focused on this case – plus the fact that Professor Esolen has tenure – will mean that his job remains safe. But the long term outlook is bleak. Academia having nearly completely fallen to the Cult of Social Justice and Identity Politics, Catholic universities across America may soon become safe spaces for everyone and everything, save Catholicism itself.

 

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The Southern Poverty Law Center Is Enabling Islamist Extremism By Smearing Its Most Stalwart Opponents

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By labelling dedicated anti-extremism campaigners like Ayaan Hirsi Ali and Majid Nawaz as anti-Muslim extremists themselves, the deluded and morally compromised Southern Poverty Law Centre is doing the Islamists’ work for them

There have been few sadder debasements of once-fine and noble institutions this year than the Southern Poverty Law Center’s decision to stop serving as a fearless searchlight highlighting violent extremism and instead become a trendy-lefty Islamism-denying propaganda outlet.

That might sound harsh, but there really is no other way to describe the SPLC’s fawning, slavish deference to leftist SJW dogma – a philosophy which furiously denies that there is any problem within the Islamic community or with a certain branch of the Muslim faith, and that anybody who disagrees and dares to draw attention to problems within Islam is effectively Hitler.

Last week, in a blaze of publicity, the Southern Poverty Law Center published a list of fifteen individuals singled out by that organisation as holding and disseminating false and extremist information and opinions about Islam.

In the preface to their report, the SPLC declares:

The anti-Muslim extremists profiled here have, between them, claimed that Islamic extremists have infiltrated the CIA, FBI, Pentagon and other agencies; asserted that there are “no-go zones” in Europe where non-Muslims including police are afraid to enter; suggested that there is a Muslim plot to impose Sharia religious law on U.S. courts; and claimed that President Obama is a secret Muslim. These claims, along with many others, have been shown conclusively to be false.

This misinformation and hateful rhetoric have consequences. When huge numbers of Americans believe that a majority of Muslims are terrorists or terrorist sympathizers, it can hardly be a surprise that some percentage of them engage in hate crime attacks. After all, they learned of the threat they believe Muslims pose from sources who were presented by the media as authoritative experts.

This country faces an array of complex and daunting problems, the threat of terrorism indisputably among them. Let’s not make them worse by allowing self-described “experts” to propagandize our fellow Americans with defamatory and frightening falsehoods. Our media, in particular, has the opportunity to present an objective picture that illuminates, rather than distorts, reality.

So far, so noble, you might think. There is certainty a lot of hyperbolic and often baseless scaremongering about Muslims and Islam in the media, and flagging particularly odious or disreputable sources for media attention is not in and of itself a bad thing. Until you realise who is on the list.

Some of the names are old suspects that one would expect to see. But in news which has provoked widespread outrage, the list also includes the names of entirely innocent and worthy activists fighting against Islamist extremism, like Ayaan Hirsi Ali and Maajid Nawaz.

And what is the SPLC’s charge sheet against Maajid Nawaz? What actions classify him as an “extremist”?

In the list sent to a top British security official in 2010, headlined “Preventing Terrorism: Where Next for Britain?” Quilliam [Nawaz’s anti-extremism think tank]  wrote, “The ideology of non-violent Islamists is broadly the same as that of violent Islamists; they disagree only on tactics.” An official with Scotland Yard’s Muslim Contact Unit told The Guardian that “[t]he list demonises a whole range of groups that in my experience have made valuable contributions to counter-terrorism.”

Well, what’s so shocking about that? It as an entirely logical statement on Nawaz’s part. Unless the people at the SPLC are truly dim and do not recognise a difference between Muslims and Islamists then there is no excuse for trying to turn a perfectly obvious point – that some people who support a fundamentalist ideology will choose violence while others do not – into some kind of “gotcha” smoking gun evidence of Nawaz’s secret Islamophobia.

And worse:

According to a Jan. 24, 2014, report in The Guardian, Nawaz tweeted out a cartoon of Jesus and Muhammad — despite the fact that many Muslims see it as blasphemous to draw Muhammad. He said that he wanted “to carve out a space to be heard without constantly fearing the blasphemy charge.”

Was this provocative? Perhaps. But again, Nawaz is himself a Muslim. Who better to judge what is or is not offensive to one’s religious moral code than the person tweeting the image? And even if doing so is “offensive”, are there not times when the offence is a price worth paying to make a broader argument in support of universal free speech? And if the Southern Poverty Law Center is so concerned about the emotional harm that may be inflicted by “blasphemous” acts like this, how do they explain their deafening silence when it comes to Christian beliefs and symbols being mocked in the popular culture?

The SPLC is not taking the side of ordinary Muslims here, some of whom may indeed be quietly offended by depicting Muhammad. They are taking the side of violent Islamists who seek to enforce blasphemy laws in the 21st century.

And then the SLPC really descends into the gutter:

Nawaz, who had described himself as a “feminist,” was “filmed repeatedly trying to touch a naked lap dancer,” according to an April 10, 2015, report in the Daily Mail. The paper apparently got the security film from the owner of a strip club who was incensed by Nawaz’s claims to be a religious Muslim.

And how we have the inevitable SJW identity politics hit job, seeking to ruin Nawaz’s reputation in the court of public opinion by repeating the shocking news that Nawaz has not at all times lived according to the letter of his faith. Well, so what? Sometimes, without thinking, I accidentally eat meat on a Friday during Lent. Does that make me virulently anti-Catholic and unable to fittingly discuss my faith in the media? Of course not. People’s actions diverge from their faith in a myriad of ways, small and large, and this applies just as much to those who got upset about Nawaz’s strip club visit (like the Muslim strip club owner) as to Nawaz himself. None are in a position to judge. Yet the SPLC feels that any divergence from Islamic teaching is sufficient to declare people that they don’t like to be somehow anti-Muslim.

This National Review editorial laments the SPLC’s corruption and decline:

The SPLC is an example of the way in which the Left corrupts and perverts the institutions it controls, from the IRS to the universities. While decrying “conspiracy theorists,” the SPLC itself is obsessed with “Terror from the Right” that is, pardon us for noticing, so rare as to be nearly insignificant. For all of the SPLC’s hysteria about neo-Confederates, skinheads, secret Nazi cabals, and the like, there is very little evidence that these organizations, to the extent that they exist as more than shared social-media fantasies, are actually up to much of anything. Even if we accept the tendentious characterization of SPLC favorite Timothy McVeigh as some kind of right-wing extremist (as with many such figures, his actual beliefs were confused, contradictory, and eccentric), the main organ of white-supremacist nuttery in the United States is prison gangs, which constitute a fairly constrained and peculiar phenomenon with relatively little effect on the outside world.

Not so violent Islamic radicalism, which is a factor in the United States and in practically every country in Europe, Africa, South Asia, and beyond. That is the great irony here: People like Ayaan Hirsi Ali are doing the work the SPLC is supposed to be doing — understanding and countering violent extremists — and the SPLC denounces them for it.

Very strange.

Some of those on the SPLC list are Muslims, former Muslims, and lifelong students of Islam. What they mostly have in common is that they are, broadly speaking, conservatives, people who are influential among conservatives, or writers and activists admired by conservatives. The SPLC is so drunk on its own poisonous ideological brew that it has simply come to conflate conservatism with violent or potentially violent extremism. One of these things is not like the others: A category of social tendencies that includes both Aryan Brotherhood felons in San Quentin and Somali-Dutch atheist women with celebrated literary careers is not an especially useful category.

While Nick Cohen provocatively (but accurately) declares in The Spectator that “the white left has issued its first fatwa” against Nawaz:

It is an organisation that ought to share Nawaz’s values, but because of the crisis in left-wing values does the dirty work of the misogynists, the racists, the homophobes, the censors, and the murderers it was founded to oppose. It does it with a straight face because, as I am sure you will have guessed, the fascism in question is not white but Islamic. And once that subject is raised all notions of universal human rights, and indeed basic moral and intellectual decency, are drowned in a sea of bad faith.

Nawaz is from Essex. He has fought and been beaten up by white British neo-Nazis. He fell in with Hizb ut-Tahrir while he was young. When he ended up in a torture chamber in an Egyptian jail, he abandoned Islamism for liberalism. Since then, he and his Quilliam Foundation have struggled against both the white far right and the Islamist far right. They have defended liberal Muslims and, indeed, all of us from lethal blasphemy taboos and the threat of terrorism. They respect freedom of speech, including the freedom of their enemies to speak.

A significant faction on the left hates them for upholding the values they have forgotten,  and will use any smear to denigrate them. As my secularist friend Faisal Saeed Al Mutar observed, when he, Nawaz and hundreds of others step forward and try to liberalise Muslim communities from within, they are attacked, ‘for being not Muslim enough, not Arab enough, not Pakistani enough, not filled with enough revenge and enough hatred’.

In the liberal orientalist world view the only ‘authentic’ Muslim is a barbarian. A battery of insults fires on any Muslim who says otherwise. They are ‘neo-conservatives,’ ‘native informants,’ and ‘Zionists’: they are as extreme as jihadists they oppose, or, let’s face it, worse.

This searing criticism could not be more accurate. For there is nothing so racist as the tyranny of low expectations in which the fashionable leftist intelligentsia holds the Muslim world, viewing them not as people with moral agency of their own but as little pets to be protected (or overgrown pets to be cowered from), people whose sometime decision to commit violence and murder cannot be condemned because it is supposedly “provoked” by forced beyond their control.

I have personally interviewed Maajid Nawaz, back when he was running as the Liberal Democrat candidate for the London constituency of Hampstead & Kilburn in the 2015 UK general election, and whatever one may think of his domestic political views, this is clearly not somebody who belongs on a list of violent, hateful extremists.

What is concerning is that the Southern Poverty Law Center would actually now prefer the old incarnation of Maajid Nawaz, back in the days when he was a member of a legitimate extremist group, Hizb ut-Tahrir. As such, he would be protected under the umbrella of leftist denial and fawning appeasement, so central to the SPLC’s new dogma, and they would bend over backwards to excuse his fundamentalist beliefs and violent actions.

By contrast, having long since rejected violence and an extremist fundamentalist interpretation of Islam, the SPLC would have us believe that Nawaz is somehow full of hatred and antipathy to normal Muslims, the equivalent of a knight of the Ku Klux Klan. It is absolute nonsense – pure, amoral leftist bilge.

This is also how Western civilisation destroys itself – by furiously denying the existence of opposing forces or in some cases openly bending the knee to them, while attacking those who actually recognise the danger and seek to confront it. In a world where precious few people have a remotely coherent strategy for tackling fundamentalist Islamism, Maajid Nawaz stands out as one of those with genuine understanding of the problem, and a plan for addressing it – and so the debased SPLC must now attack and undermine him at all costs, by pretending that he is an anti-Muslim extremist.

And one can only concur with Nick Cohen’s assessment that it is “heartbreaking” to witness an organisation so integral to the American Civil Rights movement, which bravely shone an unforgiving light on genuine violent extremism where it once existed, now creating McCarthyite lists of people who offend leftist/Islamist dogma and labelling them with the same term of “extremist”.

Ayaan Hirsi Ali makes the Southern Poverty Law Center’s list too. Why? Because she actively and gleefully foments prejudice and violence against ordinary innocent Muslims? Of course not. The SPLC include Ayaan Hirsi Ali in their leftist collaborationist fatwa because she had the temerity to renounce her faith and speak out passionately for the cause of secularism, thus gravely offending the real extremists to the point where she has to hire bodyguards to ward off assassination attempts.

It takes some twisted morality to come down on the side of those who seek to carry out an execution for the crime of apostasy over their intended victim, but somehow the SPLC has found a way.

Cohen concludes:

Do these jerks not think about the consequences of their rote-learned, pseudo-leftist bombast? Have they not heard that, across the world, lists circulate of ‘apostates’ along with invitations to the faithful to kill them when they can?

Maybe they have but do not care, and it will take drastic action to shake them out of their spiteful stupor.  A court action could do it. If Nawaz sues, SPLC’s work in fighting the white far right will suffer grievously. But, as it is so eager to be on the wrong side in the fight against the religious far right, I think we could call it evens.

It is hard to disagree. Gone, it seems, are the days when the Southern Poverty Law Center could be found seeking justice for the victims of real prejudice, oppression and extremist violence.

Where once the SPLC battled segregation and fought civil cases to ensure that racist lynchings and arson attacks were acknowledged at a time when the criminal justice system did not want to prosecute them, now they can be found patrolling the borders of our language, seeking to excommunicate decent and honest people from polite society for the high crime of having caused “offence” to certain protected groups.

And when an organisation has drifted so far from its founding ethos to the extent that a one-time civil liberties group is now in the business of making McCarthyite-style lists of people whose blasphemy offends Islamist extremists, then the time has probably come to wash our hands of that organisation, sad though it may be.

 

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Top Image: Wikimedia Commons

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