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April 05, 2005
The news that's not!
As any blogger knows, there's huge news in Canada involving a major government scandal. In the words of Nick Packwood. It is beginning to look to me that the Liberal Party of Canada has more to worry about than remaining in power. If comprehensive, wide-ranging criminal charges are not laid soon and all the way to the top of this thing we may be looking at the collapse of the federal party for a generation. (Via Glenn Reynolds.) InstaPundit also links to the Montreal Gazette, which observes: Then, during the weekend, the veil over testimony was ripped open by at least one blogger outside Canada, where Internauts are safe from Gomery's powers to punish. This recalled the bad old days of the Paul Bernardo circus, when Buffalo-area media outlets flooded Canada with information that Canadian media were ordered to suppress.This has gone on for days now. Bloggers are doing the job which was once done by the MSM. (And Captain Ed has been inundated with traffic because of posts like this one.) What's truly as scandalous as the scandal itself (at least from our pro-First Amendment point of view down here in the South....) is that in Canada, the news reports are censored -- apparently to the point that it might constitute a jailable offense for Canadians to read the very post I am writing. Colby Cosh reflects on the implications: Any action taken against a webmaster who posted the content of Brault's testimony, or linked to it, or linked to a page that linked to it, would presumably be subject to a later judicial review with an unforeseeable outcome. I believe that this entry complies with the ban--but does it? On Saturday Instapundit linked to "Captain" Ed Morrissey's posting (which is the top hit returned by a Google search for "brault liberal") about the Brault testimony. Is it legal for me to tell you that if I don't link to Morrissey's site itself? What about my three-year-old link to Instapundit.com--am I now obliged by the ban to remove it from my sidebar? If so, for how long? Must I monitor every site on the sidebar for content whose publication by me would constitute contempt of court? I don't believe any legally solid answer is available to these questions; the nature of a hyperlink as a "publication" just hasn't been nailed down.Concludes Colby, With due respect to the ban, which I consider myself to have observed herein, it would actively help free the hands of Canadian webloggers and reporters if our foreign cousins were to be aggressive about "publishing" the substance of the Brault testimony outside the reach of Canadian law.This is all BIG news, by any standard, right wing, left wing, libertarian wing, or no wing at all. I have been more than patient with my local newspaper (the Philadelphia Inquirer), and I was all set to do this post last night but I thought I'd give the Inquirer the benefit of the doubt, and allow one more day. Still nothing. Nada. Zip. Does this means Canada is less important than Zimbabwe? Or does it mean the Inquirer is under the jurisdiction of Canadian courts? What do I know? I'm just not a journalist, I guess..... (Hell, I don't even know whether this post was about the Inquirer, or Canada.... Should I be thinking globally? Or locally?) MORE: Via InstaPundit, here's an incredible collection of links, from a Canadian blogger who for some odd reason is uncomfortable publishing in his or her own countryUncomfortable publishing? I'd have expected that in places like Iran, Zimbabwe.... or the Ukraine before the election. I'm so used to thinking of Canadians as cut from the same cloth as Americans that I've taken their freedom a little for granted. (Wouldn't want to let that happen here.....) UPDATE (04/06/05): No news about the scandal in today's Philadelphia Inquirer. Nothing about Canada. Well, there's this story about Peter Jennings illness. But does that really count as a story about Canada? UPDATE (04/07/05): Ditto for today. Not a word on AdScam in the Philadelphia Inquirer. The only word about Canada is that you now need a passport to go there. (I'm reminded of the way the Inky studiously ignored AnnanScam.) Canadians have to read Captain Ed to find out what's going on in Canada, and so do Americans! posted by Eric on 04.05.05 at 09:08 AM
Comments
I realize Canadians are not as ornery as their southern neighbors, but there's still human nature -- and telling people not to do something is a great way of making sure they do it. Imagine, a government saying "Do not read this blog!" Money couldn't buy the number of hits you'd get. Nick, perhaps you could persuade the court to forbid Canadians to read Classical Values! Eric Scheie · April 5, 2005 10:42 PM I am a Canadian Blogger, and I linked to Captain's Quarters and a bunch of other blogs commenting on the case... and immediately saw my hits increase sixtyfold. My April 4/05 hits exceeded my previous best monthly total. I may just go looking for more publication bans to defy... Ed Minchau · April 6, 2005 04:03 AM |
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I suppose I share the Canadian establishment's "pleasantly authoritarian" attitude in that I see no particular problem with an injunction meant to help ensure a fair trial for those testifying who were meant to go on trial in a couple weeks' time. Now those trials have reportedly been delayed we expect the publication ban to be lifted as soon as tomorrow...
What * is * frustrating is the obvious ineffectuality of any such ban should anyone outside the country become interested. These are not the days when the New York Times could be stopped at the border. More frustrating still is that nobody, not even the Commissioner who ruled the publication ban, can say quite what is covered. Certainly reportage or discussion of the testimony itself but Canadian news sources have avoided linking to or even naming the American blog that broke the story for fear that directing people to it might be a criminal offense. It is difficult to obey the law, even an expression of the law with which we might disagree, when it is not clear quite what it is we can and cannot publish.