action bronson, hate speech, and protest: rape culture vs. freedom of speech

As part of the NXNE concert series in Toronto, rapper Action Bronson was slated to perform a free concert in Dundas Square. Bronson is apparently known for lyrics and videos that degrade women and glorify rape. He has also bragged about assaulting a trans woman. Many people felt that this performer was inappropriate for a headliner act and a free event in the heart of Toronto.

A petition was circulated calling for NXNE to cancel the Dundas Square show. Eventually they did. Their statement says they will try re-book Action Bronson as a ticketed event in a different venue.

That seems like a good decision.

However, I was less disturbed by another misogynist shock act than by some of the reaction I read on Facebook, from friends and their contacts. It seems that many progressive people believe that what Action Bronson does should be illegal. Others believe that even speaking in support of such expression should be illegal. I find that deeply troubling.

The people in this discussion seemed not to distinguish between a hate crime and hate speech - or indeed between expression and act, at all.

Most were willing to concede that expression condoning and celebrating rape is not the same as rape itself. But because this expression contributes to rape culture, because it perpetuates and normalizes violence against women, it should be illegal.

I recognize rape culture. I resist it and I detest it. And that's one reason I believe we shouldn't criminalize speech.

Shutting down hate speech doesn't make hate go away. But it does shut down all possibility of education. It allows the speaker to play the victim. It may make our society more polite and pleasant - on the surface - but it does nothing to further a society where all women are valued as equals. And inevitably, it will be used against us.

Throughout history, laws banning or criminalizing expression have been used by the powerful against the less powerful, by the dominant culture against the minority. That's why gay literature was labelled as pornography and banned, while male-dominated, heterosexual porn flourished. It's why the Harper Government can call David Suzuki an extremist, and try to ban criticism of the state of Israel.

When speech and expression are curtailed, history shows us who suffers: radicals, dissidents, peace activists.

If we want to be free to protest and to express political views that are offensive to the powerful, we should be prepared to defend potentially offensive expression for everyone. Criminalizing any expression threatens all expression - and it threatens progressive activists most of all.

And what of fantasy? For many, erotica/porn includes bondage, simulated rape, and all manner of acts that would be criminal if nonconsensual. And of course these acts are depicted in literature, photography, video, and the like. Many people find it triggering and offensive. Shall we ban that, too? (Or is it only offensive if it subjugates women?) If we roll back that clock, all our rights are going with it.

Here is some of the Facebook conversation. Indented text is quoted from commenters. I'm quoting liberally in order to not quote out of context, with my own comments below.

If he wrote that song for an individual, and sent that video to them in the mail, it would be considered a hate crime. So what's the difference between that, and releasing his song to the public? The fact that it's not targeted to an individual? His hate is targeted towards the entire female gender. I think we're talking bullshit loopholes and technicalities here.

Protection of public expression is much more than a technicality. If an individual is targeted - threatened, harassed - that is a crime. (Although not rape. Still not rape.) But we distinguish between those private, targeted actions and public expressions - songs, movies, books, poetry, video. In my view, people must be allowed to express whatever they want in those forms, and not do so in fear of arrest.

Hate speech impedes on people's right to live a life free from worry of abuse. You can't be pro freedom of anything if you support hate speech because it prevents people from having certain freedoms - one of those freedoms is the right to feel safe. Bronson's lyrics are hate speech and add to the pre-existing rape culture problem that is plaguing our society. Bronson also publicly admitted to assaulting a trans woman and misgendering her. THIS IS AN ACT OF VIOLENCE. He's a white man whose violent, misogynistic lyrics and music video imagery specifically target women of colour. . . . The KKK are still allowed to have their say, and operate under the guise of "freedom of speech" and look what's happening! You have cops who are KKK members on the Ferguson police force spreading their views and encouraging whites to shoot up innocent black kids by constantly portraying them as thugs. They get away with it because the media has done everything in its power to instil anti blackness into the minds of whites and non-black people of colour.

The freedom to protect hate speech under the guise of freedom of speech only benefits and serves the white rich cis straight able bodied man. They do not suffer from any forms of systematic oppression.

In the society described above, which I readily recognize as reality, which hate speech is more likely to be protected, "Women are bitches" or "Death to cops"? Once certain expression is illegal, who defines and decides what stays and what goes?

Commenters also noted that the expression in question is without artistic value. That may be true, but in my opinion that is (a) subjective and (b) irrelevant. One person's erotica is another person's smut, and to someone else, it's all garbage.

Other commenters noted that speech that promotes rape culture is as bad as rape. What can I say. It takes a luxury of ignorance to express such hyperbole, and it minimizes the trauma and suffering of every rape survivor.

Some commenters mentioned the general offensiveness of the Action Bronson act. Well, freedom of expression is easy if you're raising money for kids with cancer or posting cute puppy videos. Freedom of expression is tested when the expression is most offensive. A society that values freedom of expression allows space on the fringes. A society that values conformity and politeness more than free speech narrows the field.

That's when I realize that Canadians, as a society, do not really value freedom of expression. They value a quietly polite society, where hate is ignored and so said not to exist.

A few of my classmates were having a discussion about "Game of Thrones" One of the women said "I don't like the show, it glorifies rape." One of the men responded, "what is the big deal, rape is everywhere..." The fact that those words flowed so easily from his tongue..... I am an artist, a woman and someone who has been victimized. Free speech, like art, comes with responsibilities and to abuse that freedom is demonstrating a reckless disregard for others. THAT is a crime. It is no different, in MY opinion, than knowingly getting in a car and driving while drunk.

Criminalizing speech completely shuts down the possibility of education. If we arrest the man who said "What's the big deal about rape?" we lose all opportunity for dialogue, not just with that one man, but with every person who now must suppress his or her speech in order to avoid arrest.

These rape-culture thoughts don't go away, but they remain unchallenged. All the arrest teaches is forced conformity. As much as "what's the big deal about rape" pains me deeply, I would rather that thought be expressed openly - I would rather see an atmosphere cultivated where people are free to express any thought - so those thoughts can be challenged, examined, and potentially changed. Perhaps the person who expressed the thought would not be changed, but some listeners to the debate might be.

There is also the very huge issue of who decides what speech is criminal. In our society, it will usually be people like Stephen Harper.

but I think if enough people boycott and protest against his music, it will send the message that this type of hate speech is not tolerated.

Boycott and protest? Absolutely! We should, and we must. But if the expression is declared illegal and banned, we lose the opportunity to protest. We lose a huge opportunity for education. Plus the speaker becomes the victim. The only thing we gain is not having to hear something - but those thoughts are still in the person's brain and heart. The hate hasn't gone away.

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Update. Some of the people involved in one of the several conversations that led to this post feel they were misrepresented, even ambushed. I believe they think I participated in the Facebook conversation as research for my own writing. This is being characterized as deceptive and hypocritical, and contrary to my own principles of free speech.

The reality: after the discussion on Facebook, I had more to say, but - not wanting to use someone else's Facebook page as my own soapbox any more than I had already - I went to my own venue to continue writing.

This post reflects nothing more than my desire to express myself further. People often leave one venue to discuss ideas further elsewhere, both online and in person. It's not unusual, and certainly not duplicitous.

The opinions quoted and referred to in this post are culled from several different Facebook threads. The indented quotes were copied and pasted directly from one thread, but I found those opinions echoed many times over in many places.

I note, too, that one friend retracted her call for Action Bronson to be prosecuted for hate speech, and felt my blog post should reflect her changed opinion. I note that most people who I saw expressing this opinion did not similarly retract it.

I am inviting the parties who believe themselves misrepresented in this post to explain themselves further in comments. We'll put all their comments through moderation, and of course all wmtc readers will be free to respond.