Andrew Napolitano writes, in Reason magazine:
The photos of 40 of the world's government leaders marching arm-in-arm along a Paris boulevard on Sunday with the president of the United States not among them was a provocative image that has fomented much debate. The march was, of course, in direct response to the murderous attacks on workers at the French satirical magazine Charlie Hebdo by a pair of brothers named Kouachi, and on shoppers at a Paris kosher supermarket by one of the brothers' comrades.
The debate has been about whether President Obama should have been at the march. The march was billed as a defense of freedom of speech in the West; yet it hardly could have been held in a less free speech-friendly Western environment, and the debate over Obama's absence misses the point. . . .
[E]ven though the French Constitution guarantees freedom of speech, French governments treat speech as a gift from the government, not as a natural right of all persons, as our Constitution does.
The French government has prohibited speech it considers to be hateful and even made it criminal. When the predecessor magazine to Charlie Hebdo once mocked the death of Charles de Gaulle, the French government shut it down—permanently. . . .
And how hypocritical was it of the French government to claim it defends free speech! In France, you can go to jail if you publicly express hatred for a group whose members may be defined generally by characteristics of birth, such as gender, age, race, place of origin or religion.
You can also go to jail for using speech to defy the government. This past weekend, millions of folks in France wore buttons and headbands that proclaimed in French: "I am Charlie Hebdo." Those whose buttons proclaimed "I am not Charlie Hebdo" were asked by the police to remove them. Those who wore buttons that proclaimed, either satirically or hatefully, "I am Kouachi" were arrested. Arrested for speech at a march in support of free speech? Yes.
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