Dr. Baglow vs. Freedom of Speech: September 23rd, 2014 – Roger Smith aka Peter O’Donnel

This is reporting on a real-life (unfortunately) court case, the whole narrative of which is indexed in Dr. Baglow vs Free Speech – and listed at the top bar of this blog.

As I left off, Barbara Kulaszka, the lawyer representing the defendant Mark Fournier, had finished her closing arguments.  It was now Roger Smith’s (known online as Peter O’Donnel) turn to make his closing arguments.

It is difficult to describe Roger Smith in a few words because he is quite a complex person.  Even my short exposure to him made that clear.  So, what I write, can only be a very tiny glimpse of this unique (in a very good way) and highly intelligent man.

Roger Smith is of a similar age as the plaintiff, Dr. Baglow, and both have silver hair – but that is where the physical resemblance ends.

Where the extroverted Dr. Baglow is expansive, speaks loudly with expressive body language (his doctorate is, after all, in poetry – so some theatricity ought to be expected) while the introverted Roger Smith is shy and humble in his demeanor, speaking softly and gently.

So, one has to listen carefully when Mr. Smith speaks – not just because he is soft-spoken, but also because he makes many little jokes under his breath!  And his jokes are well worth straining one’s ears for.

Even Madame Justice Polowin seems to enjoy his jokes – her eyes sparkle and she has even, a couple times, rewarded Mr. Smith’s humour with the kind of smile usually reserved only for Mr. Frankel.  (At least – in this courtroom…..though Connie has, at times, earned it as well.)

I will be paraphrasing a lot, but, to the best of my understanding, Roger Smith’s defense revolved around the following points:

Firstly, he asserted that the impugned words were actually not defamatory – and urged the judge to find that way.  After all, the fact that the late Jack Layton was referred to as ‘Taliban Jack’ not only did not cause him any defamation, it seemed to actually help his electoral success!

Madam Justice was nodding her head in assent.

Secondly, he (RS) did not mention the plaintiff by name – Roger Smith’s online pseudonym called Dr. Bglow’s online pseudonym a name.  But, pseudonyms are not the same as real-life names and, as even the court’s own expert had testified, people often build a very different, unique persona for their online pseudonym – one which intentionally differs in tone and perhaps even opinions from their real-life identity (for various legitimate reasons).  Thus the two ought not be conflated:  Roger Smith did not call Dr. Baglow anything – Peter O’Donnel called Dr. Dawg a name, that’s all…

In addition, the context of the debate – ongoing, skipping around all through them interwebitudes from blog to blog to discussion boards and back again, over a number of days – had reduced the defamatory potential of the impugned words to exactly zero.

Since that debate did bounce around from one online place to another, it is not the easiest thing to follow the actual real-time sequence in which the various comments were made because some were time/date stamped in one time-zone, some in another.  In order to make it easier for Madam Justice to follow the timeline, RS had taken the pains to sequentialize them in Appendix A.  Madam Justice was much less interested in this at that point in time than Mr. Smith was, but, in my never-humble-opinion, she will find it a useful tool as she reviews the evidence.

Which she will – she made that abundantly clear!

For the duration of the trial – and even in the communication that was not publicly visible, like the various emails that form the voluminous body of the exhibits in this trial and tribulation, the plaintiff and his lawyer, Mr. Burnet (who had, actually, commented as a ‘guest’ on the Warman trial coverage on this very blog in the past), had referred to Roger Smith as an old crank, a wingnut.

This, I believe, was the very word that Madam Justice Polowin used extensively when questioning the court expert on online media and communications – and he assured her that once a person has acquired an online reputation as a ‘wingnut’, nothing that person says will be taken seriously by anyone else and his commentary will either be skipped right over or simply seen as humorous interlude…

But, I digress…

Throughout this whole ordeal, Peter O’Donnel had been referred to as a crank, a nut, a wingnut…and his writings were referred to as ‘incoherent rambling’ and ‘woolly essay’.  In other words, ridiculed and dismissed.  There was even one email read into evidence from Dr. Baglow to someone (Jay Currie, I suspect, but am not certain) where Dr. Baglow dismisses Peter O’Donnel as an inconsequential crank, saying he’s probably not even going to bother suing him because coming from him, the impugned words ‘mean nothing':  it was the Fourniers he was going after for having provided a forum for this speech to be uttered.

So, RS continued, he was surprised that in his closing arguments, Mr. Burnet had promoted Roger Smith to an intelligent man, a deep thinker … and his writing was promoted to ‘well-composed prose’!

It was at this point that Roger Smith earned one of Madam Justice’s impish smiles and her cheeks even flushed a bright pink, as I suspect she was working hard to stifle a fit of giggles…apparently, this ‘promotion’ had not gone unnoticed by her!

Working on his momentum, RS continued building his defense, recalling the plaintiff’s words (which Dr. Baglow regretted and apologized to ‘our agricultural workers’ for having used) ‘yokels with pitchforks’ and re-classified Omar Khadr and his ilk of terrorists (the subjects that evoked the impugned description of Dr. Dawg from Peter O’Donnel) as ‘super-yokels with rifles’.

And, a substantial number of Canadians (59%, if I understand it correctly) do hold the belief that lending moral support to Omar Khadr is indeed ‘giving moral support to the enemy’…it would, in very real terms, enhance their geopolitical struggle on the other side of the world if their members were receiving moral support from some people over here, undermining our political will to continue in the armed struggle.

RS asserted that leftists often make common cause with terrorists in their regional struggle.  (Indeed, I would have taken this further, pointing out that many leftists believe that their utopian end justifies any means and that supporting (directly or indirectly) the enemies of our Western society, based on civil liberties, will bring our civilization down faster, which will help them build their tyrannical dystopia that much faster.)

The judge interrupted RS at this point, saying he need not belabour this:  she understands that he means that ‘support’ is more than just money or direct fighting…

During this bit, Dr. Baglow was leaning back from the table, his long legs elegantly crossed in front him in a classical ‘power pose’ – but he was very fastidiously studying his manicure.

Mr. Burnet was using the index finger of his left hand to tap his ear, listening carefully to every word and undoubtedly preparing for his rebuttal at the end of the day.

Indeed, RS continued:  support can be passive, like supporting ‘carbon taxes’…I suppose the climatologist in him cannot be suppressed! (By the way, according to the brief discussions we had during breaks, our scientific conclusion on ‘Global Warning’ are pretty similar.)

His essay (within which the impugned words were contained) covered a number of topics – from Steven Harper to long-form census (something that was VERY HOTLY debated in my own family:  one of those instances where my brilliant economist father-in-law, who had been a special economic adviser to 4 different Liberal Prime Ministers – two as PM’s, two while Ministers of the Crown who later went on to seize ‘the brass ring’, well, he and I battled long and loud over the souls of the next generation of our family over this issue! I think it was the next generation of our family that won:  they were forced to consider the issue from all possible angles and reach a conclusion of their own (not that they’d tell us what that is)!!!  Which, really, is the point…  Though my hubby and my mother-in-law tried throwing things at us (figuratively!) to change the topic….it seems not everyone appreciates a heated, no-holds-barred political discussion at the dinner table!  Which reminds me – I must get something awesome prepared for the next family holiday….) Re-focusing!

The essay covered things as diverse as the ‘beer and popcorn’ fiasco and lamented the hypocrisy of calling conservatives ‘yokels with pitchforks’.  RS admitted freely that it was a poorly written essay, and that it rambled a lot and would not have won any essay contests!  Indeed, it was so poorly written that the thread was virtually unread…until, that is, this whole thing erupted!  Then Streisand effect took over….once Dr. Dawg and MsMew sank their teeth into it (my words, not his).

OK – I must admit to you, my dear reader, that I have mangled both the wording and the timing of the various arguments.  I am working both from memory and my notes – and when I see something touched on, I keep writing – spilling the whole scoop to you, even when it ought to have just been foreshadowing…then, I read on and find the full argument I described 300 words ago only happened now.  Please, forgive me my sloppy reporting – I just wish someone better at it than I would have been in the courtroom to present another accounting of the events.

I would be remiss if I did not mention that throughout the trial, different people did drop in for a bit here and there.  Today, for example, Mr. Frankel’s sister-in-law, who is a law student, dropped by the courtroom to watch the closing arguments (and got to have lunch with Mr. Frankel to boot!).

He-who-must-not-be-named (on pain of legal action)  also dropped in every now and then, though not today.

And Canadian Cynic, known in the blogosphere for his knowledge of Linux (good) and for hurling misogynistic slurs at conservative women (sad, so very sad) on the internet (at least, that is what a quick Google search suggested), also popped in a few times:  I even saw him chatting with Dr. Baglow in the hallway, but no matter how hard I tried to establish eye contact, I failed.

On this last day of this case, there was also a youngish man with a mop of blond hair, a gray tweed jacket, light open-necked shirt with a subtle stripe and blue jeans.  I approached him during the lunch break and sked if he were a reporter.

“Sort of” he smiled as he slid over a copy of Frank magazine.  “I’m with them!”  I saw him later chatting with Canadian Cynic.  Funny thing is – Frank magazine’s name did actually pop up in the trial earlier, as an example of how different print media have differing ‘standards’ for ‘discourse’…as in, one would not expect as colourful a language in, say, CTV or CBC or ‘Globe and Mail’ as one would from ‘Frank magazine’…  And demonstrating that different segments, even wihin the same ‘print media’ would have different levels of discourse and expectations of the way language is used is at the very heart of this court case: the plaintiff asserts that once published, even to one person, the ‘language’ must be ‘standardized’ and it really is of no relevance whether this is a scientific treatise or a tabloid or a shock-jock-thingie (WIC radio case)….while the defense is claiming that in different platforms, the participants are performing for different audiences and that the expectations and understandings of the particular audience of their message board is of paramount importance because it is the perceptions of that segment of the citizenry who will be exposed to the impugned words, so, how they perceive will define their defamatory potential.

OK, I have been generalizing again – but I think that this is important because conveying the ‘flavour’ of the differing sides is so core to this very case….

Thank you, my dear reader, for having indulged me thus far.

I have attempted to capture both the substance of Mr. Smith’s defense as well as the atmosphere in the courtroom.  But, let me return to it, in my most imperfect manner.

Roger Smith explained to the judge that he truly and honestly held the belief that what Dr. Dawg had posted in his comments constituted giving aid and comfort to the terrorists and enemies of Canadian Armed forces in Afghanistan – and that while he held these beliefs about the words posted by Dr. Dawg, he did not harbour any personal malice against Dr. Baglow himself … but that the evidence bore out that, sadly, this was not true in reverse.

RS pointed out that while Dr. Baglow had reached out to Connie and Mark Fournier, asking them to settle out of court, he had not presented any such opportunity to Mr. Smith himself.  Not once had Dr. Baglow extended Roger Smith the courtesy of even contacting him…

Any reading of the discussion, as it evolved over the 7 or so days, will reveal deeply vitriolic comments made by Dr. Baglow – much more so than by RS.

‘Begly’ (the name that the defendant, at this point, thought was Dr. Dawg’s meat-space name – not even being aware of the proper name of the pesky paintiff who thinks himself so important that ‘everyone’ knows him, yet he should not have to meet the ‘higher bar’ for defamation set for ‘public figures’ – he’s the only ‘public figure’ who should have the ‘private person’ protections against legitimate political criticism), Zyklon B, pot-calling-the-kettle-black…you get the picture.

At this point, Mr. Smith became unsure if pointing out just how much of a chill a ‘guilty’ verdict would cast over the interwebitudes and just how cluttered the courts would become with defamation cases if the bar were to be set this low…  Being a principled person, he wanted it judged on the merits of this case – which he honestly thinks are insufficient for the finding of defamation.  But, this is where he was, in my never-humble-opinion, torn:  he wanted the court to be aware of the potential real-life implications of setting the bar this low, without appearing to ‘fear-monger’ or some such thing.

Madam Justice Polowin found this rather endearing:  she assured Mr. Smith that the so called ‘floodgates argument’ is not without merit and is, at times, successfully employed by real-life lawyers at court so he, as a self-represented citizen, ought not be ashamed of raising it.  And she smiled…

I know my words do not do justice to this moment at court but I’d like you, my dear reader, to know that this was a ‘Moment’ with a capital ‘M’…if you excuse the expression.

At this point, Roger Smith concluded his defense by saying that he cannot afford a fancy lawyer and that it would probably have been wise not to fight this battle, but, that he was not fighting it just on his own behalf but also on the behalf of the many Canadians who cherish their freedom of speech and exercise it, including on the internet, and that he felt that it was his moral obligation to our society to fight this battle!

In her right, Madam Justice Polowin seemed to understand this – and appreciate the kind of sacrifice it took Roger Smith to go on and fight for all of us!!!

She beamed a wonderful smile at him, and assured him that, for a self-rep, he had done an admirable job, that he was respectful of the court rules and, along with Connie, they had been some of the most professional self-reps she had ever had the pleasure to preside over.

 

Dr. Baglow vs Freedom of Speech: September 16, 2014 part 1

This is a continuation of a prolonged court, the earlier bits of which are here:  Day 1 part 1 and part 2 , Day 2Day 3 and Day 4 part 1 and part 2 of this trial were covered in March, 2014 (write-ups by me at links).  Day 5 is more or less covered by days 6 and 7.…  Day 6 is here.  Day 7 part 1 is here – sorry about having had to chop this up into short little bits, it seems my original write up was too long for WordPress to format correctly… part 2 is here.

Dr. Baglow’s impression of my coverage of the court hearings, as per Twitter, is here.

September 15th, 2014 account is here.  Roger Smith presented his side of the story (defense) and was cross examined.

September 16th, 2014, was the second day of the trial phase where the defense gets to present their case.  Today was the day that, as Minister Jason Kenney referred to her, ‘the famous Connie Fournier’ took her place on the stand.

I got to the courthouse nice and early.  There was quite a commotion in front of the Courthouse – but for all the wrong reasons…  Instead of focusing on this historic case, which will affect every single Canadian’s internet presence, the media was all in a tizzy because of some doofus senator

Having made my way past the hoards of reporters and cameras positioned in front of the courthouse (as all cameras are banned not just in the courtrooms, but everywhere within the courthouse) and waited with baited breath, in front of Courtroom #20 at the Elgin Street Courthouse in Ottawa.

I was rather taken aback by the unusually large group of people also waiting in front of Courtroom #20… I was sure Madam Justice Polowin would try to stay in the same courtroom, but these people looked unrelated to this case.  At 9 am, they all filed into the courtroom – much to my bewilderment (yes it does not take much to bewilder me….).

It turns out that Madame Justice Polowin also had this child custody case that needed to be heard and she had scheduled it before the Baglow vs. Freedom of Speech case I was there to cover…  You have to admire a judge that will juggle multiple cases at once:  it may not look so on the surface, but, in order to ‘do justice’ to a case (if you will excuse the turn of phrase), a judge has to read TONS of paper (almost literally!)….and to be up to speed on multiple cases at once would require such a sharp focus that I must admit I am awed by judges who make it look effortless.

(And – make no mistake – Madam Justice Polowin takes copious notes, more so than any other judge I have seen, and she is totally on top of ‘stuff’!!!)

By 10 am, the earlier case people had filed out of the courtroom and we all filed in – with the judge still sitting at the top of the room. And she looked ready for the day!!!

Dr. Baglow had exchanged his blue shirt for a cream one – otherwise, he either has multiples of the same dashing black suit or he wore the same one as yesterday.  He also wore his signature black riding boots with the adorable silver trimmings – and, for the record, they were spotless and shining!

The ever-charismatic Mark Fournier, who had worn a cream shirt with yesterday, had  exchanged it for a blue one – but much darker one than Dr. Baglow had worn yesterday. Ok, ok, I am a sucker for patterns…but it did not look like the two had swapped shirts!

Roger Smith had exchanged his shirt for a green one, otherwise he looked  the same as his dashing, distinguished and elegant self as yesterday…

The lawyers looked their ‘selves’ – in their lawyer robes and black shoes to match…difficult to write up their fashion sense since they have to wear these traditional outfits which make them look the same day after day….

Now let me get to the star of the day – and I do mean star!!!

Connie Fournier wore a very flattering dress:  power red, textured knit, with cap sleeves…fitted through her bust through to her narrow waist (accentuated by a thin, shiny black belt) and with a playful ‘twirl’ bit at the bottom, which was just below her knees. Her outfit was perfected by her perfect black pumps – not too high, but high enough….the heel being not too thick, neither a ‘slutty thin’…  She looked perfect – a force of nature!!!

(OK – I wex a bit poetic here….but, if Connie had had a professional ‘dresser’ or ‘stylist’, they could not have done a better job of turning her out for court today!)

[IF I were to characterize the defense team, Connie Fournier would be Roger Daltrey, Roger Smith would be Pete Townshend, Mark Fournier would be Keith Moon and Barbara Kulaszka would be John Entwistle...just saying...]

As well-dressed as she was for the court, Connie Fournier’s mind was in even better a shape or state of readiness…  But, that is Connie!!!  No matter what situation life hurls her into, she is there, ready, brilliant – and smiling to boot!  There are very few people on this Earth whom I admire as much as I admire Connie Fournier!

The day started out with Connie Fournier on the witness stand, testifying to her own defense.

I was there for much – but not all – of Connie’s testimony – and I had to leave before the cross examination started:  my apologies to you, my readers, but I am not a lawyer or paid to report on things, and my other-life-pressures have put a limit on the time I can spend in the courtroom…  I just wish there were other people, better versed in legal matters, who could/would report on this momentous case….but, alas, there seems to be a dearth of them, so you, my dear readers, are stuck with my limited and incomplete observations.  My apologies go to you!

Connie had testified to many of the things we had heard in the courtroom before – but presenting them from her unique and informed point of view.

For example, it seemed funny to me just how Dr. Baglow seemed to shrink in his seat as she testified about the many and various instances where Dr. Baglow, using his Dr. Dawg personna, smeared Connie Fournier as a ‘white supremacist’ and a Nazi sympathizer – all the while as Connie Fournier’s metis husband was sitting in the spectator section of the courtroom…because, them ‘far right’ ‘white-supremacists’ and ‘Neo-Nazis’ go out of their way to marry people with a Native-Canadian background!!!

(Ok, I may be a ‘danged’ immigrant myself, but, through my hubby, my children share in the Ojibwe bloodline, so I am particularly sensitive to this issue….)

Let me just stress that I am convinced Ms. Fournier is neither a ‘white supremacist’, nor a ‘Neo-Nazi':  not ‘just’ because she is married to a man who is a metis, but also because her father is an evangelical minister and she takes her Christian roots very seriously – including the ‘love thy neighbour’ and ‘all human lives are sacred’ bits.  I’m just waiting for the so-called ‘progressives’ to try to pain Mark Fournier as ‘a white metis’….

…more coming soon…

 

September 18th, 2014  – the day of the expert testimony Part 1 is here.

Dr. Baglow vs Freedom of Speech: September 15, 2014

This is a continuation of a prolonged court, the earlier bits of which are here:  Day 1 part 1 and part 2 , Day 2Day 3 and Day 4 part 1 and part 2 of this trial were covered in March, 2014 (write-ups by me at links).  Day 5 is more or less covered by days 6 and 7.…  Day 6 is here.  Day 7 part 1 is here – sorry about having had to chop this up into short little bits, it seems my original write up was too long for WordPress to format correctly… part 2 is here.

Dr. Baglow’s impression of my coverage of the court hearings, as per Twitter, is here.

Which brings us to the first day of the ‘fall session’ of the trial, where the defense part of this case starts.

Aside – I understand that the court-ordered ‘blogosphere expert’ will be testifying on Thursday..

I showed up in court nice and early – long before the information desk folks (on the 2nd floor of the Elgin St. Courthouse in Ottawa – but facing the main Elgin St. entrance) got the memo about which courtroom this particular civil case will be heard in.   However, as time passed on, I learned that the case will have been heard in Courtroom #20 – the courtroom closest to the main/front entrance (and thus dubbed ‘the smoker’s courtroom’).  Here are the players:

Justice:          Polowin, J.

Plaintiff:        Baglow, John

Lawyer:          Burnet, Peter Francis

Defendant:     Smith, Roger

Self-represented

                 Fournier, Connie

Self-represented

                 Fournier, Mark

Lawyer:            Kulaszka, Barbara

As the ‘players’ arrived on the ‘playing field’, these were my observations:

Barbara Kulaszka (BK) looked her steadfast self:  short hair kissed with just a tiny bit of silver, billowing lawyer’s robes framing her slender frame, she was her true self.

Peter Burnet, (PB) slightly balding and silver, looked distinguished (edit:  a complained-of phrase has been removed here).

Roger Smith looked dashing in his tan slacks, brown shoes, blue blazer, dark (black or charcoal) shirt with a blue-inside-a-gray-striped shirt and blue thin-striped tie, his silver hair dashing, his cheekbones chiseled above his silver, manicured beard/mustache.

Dr. Baglow wore his signature outfit:  black suit, blue shirt (opened collar, as if to stress his ‘blue collar’ sympathies), the ubiquitous riding boots (with delicate and adorable little silver trimmings), silver watch, rings on the ring and pinkie fingers of his left hand, silver hair and tailored silver mustache accentuated by the gun-metal framed spectacles he twirled in his hands more than he wore.

The charismatic Mark Fournier wore a new-looking dark blue suit with a thin gray stripe, black shoes and a cream, open-necked shirt.

Connie Fournier was elegant in form-fitting dark trousers which flattered her shape and a dark violet, v-necked thin-knit pullover (with cute button-sleeve detail) which highlighted her fine, strawberry-blond hair cut into a flattering bob.

To complete the picture, let me just say that the same Court Clerk (from the spring) who did not want to be blogged about (and worried she’d be ‘Twittered’) presided over the case, fussing over the improperly entered ‘stuff’ from the spring and lamenting that it will fall to her to re-enter and correct it all.  The ‘Madam Court Reporter’ was a pretty young woman sporting longish black hair with flattering bangs.  Her trim figure was perfectly framed in a navy blue, long-sleeved knit dress accentuated by a thin brown belt with gold-coloured metal trimmigs.  Her pumps were impeccable!

Also, the CCLA, an intervenor in this case, was not represented by Mr Frankel, but by a competent-looking young woman in a black-and-white striped shirt, black slacks and blazer and bright red flat shoes (which she shed while she sat cross-legged on the spectator bench) – I understand Mr. Frankel will rejoin the case later in this week.

Courtroom #20 differed from most court rooms in that on the right side, it sported a sturdy-looking gray sofa with 4 fluffy-looking pillows.  I can only presume that Dr. Baglow’s past blood-pressure difficulties motivated the court to pick a courtroom with a sofa in it.  Otherwise, Courtroom #20 was much like most of the courtrooms in the Elgin St. Courthouse in Ottawa:  creamy-white walls with the ‘head’ wall (behind the judge) being a wood-panel in the same tan colour as the doors and the wooden-bits of the spectator benches, bearing the Canadian Coat of Arms. (The back wall – not the benches!) The seat bit of the upholstered spectator benches was a muted pink, which clashed rather badly with the crude orange-red of the floor carpeting.

It is difficult to describe the air of expectation one can only experience in the courtroom, with everyone present and waiting for the judge to arrive.  I can only liken it to a cross-section of the feeling which, as a 14-month-old (OK – I’m an Aspie and remember this), you are expecting the vaccine-baring MD to enter the room where your mother is holding you down overlapped with the dread you feel as you are sitting at a desk, awaiting your fist Calculus exam paper to arrive.  Add to this the distinct staccato of high heels in the distance – it is ever present, even if completely unrelated to the judge’s arrival – and you approach the hushed tenseness that awaiting the judge’s arrival in the courtroom accompanies!

As in – no movie could possibly do it justice!!!  No amount of suspense could possibly capture the breathlessness of these moments!!!

At 10:05, Madam Justice Polowin, J., entered.

Her hair was longer and lighter than before – and her (paler than before) face looked puffy and strained.  Yet, her eyes looked as intelligent and as sharp as ever!

The first session of the first morning of a hearing are usually taken up with tedious ‘housekeeping’ or ‘administrative’ matters.  Not so in Madam Justice Polowin’s courtroom today!  We went straight to the start of the defense’s case!!!

The first person to take the stand was Roger Smith (aka Peter O’Donnel).  He explained that even though ‘Roger Smith’ is his legal name, it is not ‘unique’ – both ‘Roger’ and ‘Smith’ being ‘common names’. ‘ Peter O’Donnel’, however was somewhat less unique – and as it was his birth name, he used it extensively  (though not exclusively – he sometimes picked ‘humorous nicnames’) in his online activities.

It is my impression that Roger Smith is a very reluctant defender:  it seems to me that he believes that his only defense lies in his truly held beliefs (and that promoting these is in the public good), but that he also thinks that having to justify his deeply held ‘political beliefs’ in front of a judge is very inappropriate of itself (regardless of the eventual ruling) and subversive of our democracy itself – akin to having to having one’s very thoughts needing to br sanctioned by a court of law….which, obviously, is a violation of the most fundamental freedom – the freedom of thought.  So, it seems to me, he is very reluctant to present his beliefs and convictions to the court – yet, his only defense (it seems to me) lies in him claiming to ‘truly believe’ what he had said/written/posted on the internet.  As in – it seems to me as though Roger Smith believes that it is not his statement of his beliefs, but his convictions themselves, which are on trial here – a form of ‘thought-crime-policing’, if you will.

And, since (in my never-humble-opinion) he thinks ‘thought-crime’ ought not be a ‘crime’ (if you excuse my clumsy expression of the principle), he is having difficulty with the whole matter.

As in, defending his views would be a bit of  a violation of the ‘thought-is-not-a crime’ bit.

At least, that is the impression I have been left with following his testimony and the bit of cross-examination I saw.

The testimony bit of the day merely repeated what had been entered into the record in the past – just the light it had been cast in was ‘slightly’ different.  And by ‘slightly’, I mean ‘a lot’.  As in, the bits that the prosecution entered in as ‘strong’ evidence now seemed rather silly and frivolous…which is not much of a comfort, since in a civil case of libel, ‘malice’ is presumed and needs to be disproved, rather that that whole ‘innocent until proven guilty’ bit of jurisprudence….

Yes, much revolved around SmallDeadAnimals (SDA) and Jay Currie’s blog posts, as well as Free Dominion and the Conservative blogosphere in general…plus Dr. Dawg’s blog –  ‘progressive’ site run by the plaintiff (civil prosecution).

Roger Smith’s background – from Math and Science to an Honours’ BA in Geography in order to become a ‘Climatologist’ (‘Climate Scientist’ in Newspeak), along with the necessary Global Warming/Anthropogenic Climate Change baggage – was discussed, as was the means by which Roger Smith makes his living as well as his online identity  – all this was explored at great length.

Then we got into the relevant bits – the 7 words which are the subject of this lawsuit (and which I therefore fear to mention – on the pain of ‘re-publishing slanderous material’) and the context in which they had been uttered.

It seemed to this court observer that Mr. Smith not only proved (beyond a reasonable doubt- a much more strenuous test that required in a civil lawsuit) that he believed the truthfullness of his statements, but also that stating them in an online forum was ‘in the public interest’.

Actually, this is where things got rather interesting – after the lunch break (1-2 pm), when Roger Smith had finished his testimony and his cross examination by PB commenced!

PB seemed obsessed with the idea that Roger Smith’s view of what constituted ‘appropriate speech’ was ‘beyond the pale’.

Which is rather funny – considering me being in the audience (and the only person there in the courtroom with the express purpose to report to you, my dear readers, on the contents of this hearing)!!!

If you read my blog regularly, you may know that I am a free speech absolutist – because I am an anti-slavery fundamentalist.

Perhaps it is my Asperger’s that informs this bit of me, but, for better or worse, I cannot help but see this issue in black-and-white – with no gray in between.

To me, this is the necessary extension of the principle of self-ownership:  if you own your self, then you and only you are responsible for your reaction and any and all resultant action you may take based on what you hear/read.
In other words, if you can be swayed to bad actions through ‘hate-speech/incitement to violence’ you hear, then you are admitting that the speaker is a de-facto part-owner of you and thus, submitting to their will is a tacit admission/permission of slavery.  And I am 100% against slavery!!!
Self-ownership implies self-responsibility!
A 100% self-ownership (i.e. anti-slavery fundamentalism) implies a 100% self-responsibility, thus making all forms of hate-speech/incitement irrelevant.
Which means that all hate-speech/incitement laws are an admission of and permission for a form of slavery – something I will never accept.
And since I cannot accept any form of slavery, I cannot acknowledge that hate speech/incitement can sway a self-determining, self-owning individual…which makes outlawing it an admission that my core principles are irrelevant…something I cannot accept.
I hope this makes some kind of sense to you – it certainly makes sense to me.
But, that is me – and (thankfully) not the subject of this particular lawsuit.
Anyhow, it seemed to me that PB spent most of his cross-examination time trying to ‘nail’ the ‘bit’ where Roger Smith drew ‘the line’ between ‘permitted speech’ and ‘illegal speech’.

SILLY BUNNY!!!

As IF there ought to be such a thing as ‘illegal speech’!!!!

 

Roger Smith said he drew the line between what ought to be permitted speech and not somewhere between what Ernst Zundel said and what is routinely said online by people whom ‘the progressives’ label as ‘Neo-Nazis’ but who are in reality no such thing.

As in – according to Roger Smith – Ernst Zundel was ‘illegal speech’ while the wrongly villified ‘neo-nazis’ who were not really ‘neo-nazis’ were OK…if you actually listened to what they truly said rather than just buying into their rhetoric.

But, PJ tried very very hard to paint this in the worst light possible – as in, he tried to twist Roger Smith’s words into saying that Ernst Zundel’s crap (and his claims ARE crap) was OK but the Neo-Nazis were not OK.

It seemed to me that Roger Smith, naturally nervous, being on the stand and all, did not really understand where PB was aiming with this ‘twisting’.  But, the judge sure did!  And, she put PB in his place on it, too.

However, this was not the only bit of testimony that PB tried to twist – and I am not entirely certain that the judge (much less Roger Smith, who was justifiably nervous, arguing for his retirement fund and all) quite got the manipulation or not.

Anyhow, that is where I had to leave off – having real-life obligations and all….I do hope to be filled in on the bits I missed and report to you tomorrow!!!

 

 

 

 

Support for Israel from around the world

India

 

Japan

 

England

 

France

 

For hundreds more, just look up pro-Israel Rally on YouTube.

The pro-Israel protesters are acting well, supporting peace and freedom for all in the Middle East.

Contrast that with the violence – both in words and actions – that accompanies the anti-Israel protests:  shouts of ‘Heil Hitler’ and ‘Hitler was right!’ and calls for ethnic cleansing of the whole world to commit a genocide against Jews…  Here is just one example from hundreds:

The violence that is committed against Jewish targets outside of Israel, against people who may or may not be Zionists themselves but are definitely Jews demonstrates beyond any doubt that these are not anti-Zionists or people who are critical of the policies of the nation state of Israel:  this is anti-Semitic Jew hatred, pure and unadulterated by compassion or reason.

 

 

Thunderf00t: Feminism Vs FACTS (Anita Sarkeesian DESTROYED!)

Long, yes, but it is worth it – I’m getting my sons all the video games mentioned in it!

 

Pat Condell: Is this helpful?

Pat Condell: A cure for Islamophobia

 

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