OF CRIMES BY ASSOCIATION WITH CRIMES

 

Definitive of the Millian liberalism to which most of us purport to subscribe is the view that a) all is permitted save what is prohibited, and that b) a necessary, albeit insufficient, condition of some behavior being justifiably prohibited is that it be demonstrably harmful to others.

Not unlike any one of the Ten Commandments, the devil is in the details, and details are what the Decalogue assiduously avoids.

“Thou shalt not kill!”

Anything? Ever?

“Well no. Obviously there has to be exceptions.”

Which are …?

“Well, that’s something you’re going to have to work out amongst yourselves.”

So we shouldn’t kill who and when we’ve decided amongst ourselves that we shouldn’t kill. Is that the divine advice for which Moses spent forty days and forty nights without the conform of his tent?!

God has said some pretty vacuous things, and so, apparently, has Mill. According to the Harm Principle, what counts as harm? Typically but not necessarily tissue damage, But what about symbolic harms, like the subordination of women through their representation in pornography? What about offense, like the words nigger and kike?

And what counts as demonstrability? Is it sufficient, as the Supreme Court of Canada ruled in Butler, that notwithstanding the absence of a preponderance of evidence, the state need only have a reasonable apprehension of harm? And is an apprehension reasonable just in case it’s not unreasonable? If so, what is there that couldn’t be judged not unreasonable? Given that the words nigger and kike are known to be highly provocative, surely it’s not unreasonable to likewise worry that a human sneeze might be misunderstood as the ultimate insult when interpreted by the highly sensitive auditory apparatus of our brothers and sisters on Mars.

All right, let’s take a look at a more real world case in point. Let it be supposed, however fatuous or spurious the arguments for this may be, that

1) using a sleeping infant as a visual masturbatory aid is some kind of harm to that infant.

And let us further suppose, however unsupported this might be by any data, that

2) exposure to child pornography increases the likelihood that one will engage in that purportedly harmful behavior.

And, just to be jurisprudentially rigorous, let us also suppose that

3) the criminalization of such exposure is likely to reduce the incidence of such exposure, and that

4) any right one might have to such exposure is outweighed by the harm cited in (1) above.

 

It follows from (1) through (4) that the criminalization of exposure to child pornography satisfies Mill’s Harm Principle.

But now consider this. As is well known, there are fetishes, some of which we share, some we don’t share but understand, and some we couldn’t share because we don’t even understand them. As it happens I’m not a pedophile, but I understand it. I’m also not into ladies’ shoes and, to be honest, I don’t understand those who are. As it happens I’m an out-of-the-closet vanilla heterosexual. But I don’t condemn people who are sexually aroused by young children or ladies’ shoes, any more than I condemn people who are aroused by adults of the same sex or, like myself, adults of the opposite sex.

Not being a sexologist I neither know nor care whether our sexual orientation is something we’re born with or is socially constructed. For that matter – and again I have to be honest – of all the things I care least about, your sexual orientation, whatever it may be, is pretty much right at the top of the list. Unlike some people, I just don’t find sexual orientation all that interesting.

But what I do find interesting, and what I do care about, is jurisprudential reasoning, and more particularly what jurisprudential reasoning might be involved in parsing the following case:

Suppose that in the same way that some people are into ladies’ shoes, I’m into infants’ clothing. Pictures of naked infants leave me absolutely cold. Pictures of their clothing, with or without them in it … well, there are just no words to describe my excitement! Am I a pedophile? Absolutely not. In fact I don’t even understand it.

Now suppose I’m arrested for exposing myself to child pornography. Notwithstanding I don’t understand pedophilia, I acknowledge that it’s not unreasonable for a judge or a member of a jury to suppose that my fetish for infant clothing is just a variation on what must be my pedophilia. My question is: ought that association be regarded as defeasible in a court of law? And if it is, on whom falls the burden of proof? That is, is it an element of the charge – if so the onus would fall on the Crown – that my viewing of the clothing is a surrogate for the viewing of the infant? Of is the court entitled to assume that inference, and it falls on me to show that in my case that inference is unwarranted?

Have empirical tests been devised to reliably determine what’s arousing me? Apparently there have. Apparently sexual arousal is detectable. So why might the courts be disinclined to allow the results of these tests being placed into evidence? If my response is to the clothing but not the infant, then the harm argument cited above, be it sound or not, doesn’t come into play.

My suspicion is that the Crown would not want to assume the burden of establishing the connection between the fetish and pedophilia, either as a rule of thumb or in my particular case. One reason for this is that the Crown might not want to incur the cost of these tests. And few defendants have the resources to pay for these tests themselves. But in any case I don’t think the court would be inclined to allow the accused to show the disconnect even if on his own dime. And I suspect the reason for this has nothing to do with pedophilia. I suspect it has everything to do with not wanting to allow the precedent of allowing an empirical challenge to inferences upon which many of our criminal offenses hang.

Such as? Well, for one, the inference from either a) anti-Zionism or b) 9/11 Trutherism, or c) Holocuast-denial to d) anti-Semitism, then from d) anti-Semitism to e) so-called hate speech, and then from e) so-called hate speech to f) incitement.

What’s especially telling about these inferences is that a) anti-Zionism and b) 9/11 Trutherism and f) incitement are reasonably well defined. And e) hate speech could be defined as what it would not be unreasonable to worry could lead to f) incitement. But notwithstanding I’m a Jew, I haven’t the faintest idea what would count as either c) Holocaust-denial or d) anti-Semitism. Nevertheless, the inference from a) anti-Zionism or b) 9/11 Trutherism or c) Holocaust-denial to f) incitement is at least as incorrigible as the inference from my infant clothing fetish to my pedophilia.

Here’s a third example. As you’re reading this you’ve inferred that I think the incorrigibility of these inferences is unjust. But did I say anything of the sort? No I did not. And yet critique is almost invariably interpreted as opposition.

Well yes, I am arguing against that inference.

My own positive view, for what little it’s worth, is that these unsound incorrigible inferences are not intended to be subject to such analysis, any more than the concepts of race or God or any number of concepts are intended to be subject to analysis. They’re moves in what Wittgenstein called language games, which are in turn constituents of what he (didn’t but could have) called political discourses, which in turn are constituents of what he called our forms of life.

Some people think they can change a form of life not to their liking by ‘correcting’ some erstwhile incorrigible inference. As a prime example of this, think of the current challenge to the binary of male and female. I wish these social justice warriors God’s speed. But I think there’s a much more direct way by which to protect our right to our fetishes, the practice of historical revision, or whatever.

Instead of challenging one of these inferences, just don’t give it uptake.

Since you really don’t understand the inference you don’t have to pretend you don’t. You need only pretend you don’t understand that others understand it. If this be doubted, think of how this works when you’re on vacation abroad,. You’ve rented a car, you’ve inadvertently cut someone off in traffic, and he’s berating you as he pulls up beside you at the next red light. “I’m sorry, but I don’t understand Italian!” Watch his high dudgeon deflate like a spent erection.

Try it. It works every time. Nothing debilitates like the look of incomprehension.

But that’s not the only payoff. If I don’t understand your reasoning, it’s going to occur to you to wonder why. Perhaps not immediately, but eventually it’s going to dawn on you that maybe, just maybe, it’s because your reasoning is incomprehensible. So you’ll give it a check, only to discover that it really doesn’t make any sense. At which point you have only two options. Either you drop the inference and behave accordingly, or you deny that your judgments need to make sense, at least in the domain in question. Individuals can do that. Courts of law can’t. Or if they do, they cease to be what they were and become something else.

Courts of law deserve our respect. The something else deserves a bullet.

 

DON QUIXOTE’S BLESSING

 

Why is it that some truths have to be learned over and over and over again? I suppose it’s because they’re just too hard to believe. I learned about fifteen years ago that many of the people I work with don’t share what I thought were the values we all share, because, well, surely we must! It turns out not that they don’t share my values. It’s that I don’t share theirs.

The difference between these seemingly equivalent propositions is who’s the odd man out. Turns out I am. So the question is not why they don’t share my values. It’s why I don’t share theirs. And the answer is I was just wrong about the values of the institution I was joining.

So about fifteen years ago – borrowing from Pierre Elliott Trudeau – I took what I call my “walk in the snow”. Like Trudeau, I could have resigned and found something else to do with the rest of my life. But why? Why not just do the job I thought I’d signed up for, and instead of trying to browbeat others into joining me, just leave them to their own devices? Which, to be fair, they’ve by and large left me to mine. It’s a resolution that’s not always easy to stick to. My own idiosyncratic values keep getting in the way. But it’s like any other resolution. Falling short is no excuse to stop trying.

Still, these occasional lapses are God-given opportunities, if only I’d take them, to rethink who needs to do the rethinking. I thought my colleagues didn’t understand there are solutions to collective action problems. As it turns out I didn’t understand that they don’t think these are actions that need to be taken in the first place.

Examples are legion, but the most recent has been the attack on academic freedom exemplified by the Tony Hall case. Tony is – I guess I should now say was – a colleague down the hall and around two corners. Tony’s an affable enough fellow, but not, perhaps, the sharpest pencil in the box. Tony is convinced 9/11 was an Israeli false flag operation.

Well, say I, that would be grounds to believe we Jews really are the most clever people on the planet. As if the official story wasn’t caper enough!

But apparently I’m the odd man out here. Most people, including Tony, view this charge as a criticism of the State of Israel. And apparently any criticism of the State of Israel is anti-Semitism, and so, by associative implicature, 9/11 Trutherism is Holocaust-denial.

Once again, odd man out. I just don’t get these connections.

In any event, the Zionist lobby seized upon this ‘indiscretion’ – and who could blame them? – to make Tony the standard bearer for everything up with which no publicly funded university should put, and demanded his immediate dismissal. The Administration – acting, as I say, on values I alone don’t share – acceded to this demand. The invertebrate faculty association came to Tony’s token defense, a war of attrition dragged on for almost two years, and finally, having taken its intended toll, Tony retired.

And all this time, like a fool, I was trying to come to Tony’s defense. Why? Because I thought at least he shared with me the value of academic freedom. Turns out that wasn’t it at all. Turns out for him it was his crusade against the neocons he’s convinced are ruling the world, not his right to crusade against them.

So now I just feel foolish. I understand that people get tired, especially people Tony’s and my age. That’s one of the reasons I’d long since resolved never to enter a fight I don’t have the stamina to win. And I’ve never wavered from that resolution. But the lesson I keep having to learn, over and over and over again, is never enter a fight for or along side an ally who hasn’t adopted a similar resolution.

Don Quixote never did figure out he was tilting at windmills. I suppose that was his blessing.

THE HAIDT HYPOTHESIS

Social psychologist Jonathan Haidt has argued, quite convincingly, that a university can dedicate itself to the search for truth, or to the promotion of social justice, but not both.

Truth and justice are seldom about the same thing. But when they are, what’s true may not be just, and what’s just may not be true. Suppose it was true that the rest of us would be much better off if we could just rid ourselves of those damn _____, you fill in the blank. But I take it we’re all of a mind that genocide is just not on.

It’s also widely believed, at least in Turkey, that there’s no injustice in criminalizing the historicizing of the Armenian genocide, notwithstanding most Turks know full well what happened. Jesus taught that ‘the truth will set you free.” But often enough it’ll just bury you!

But there’s a more straightforward philosophical argument that can be appended to Haidt’s case, and it’s this:

There’s a fact-of-the-matter as to whether nineteen (mostly) Saudi young men did or did not hijack and pilot those planes on September 11, 2001. And that fact is, in theory at least, empirically discoverable. But there’s no such fact-of-the-matter as to whether a woman does or does not have the right to control her own reproductivity. That’s a political decision.

So it’s not that a truth-seeking university couldn’t or shouldn’t host a lively debate between 9/11 Truthers and the official story about what happened that morning. That’s what historians do. Nor is it that a justice-seeking university couldn’t or shouldn’t host a lively debate about whether the Start-by-Believing and #MeToo campaigns will or will not accrue to the empowerment of women. That’s what seekers after justice try to work out. But the two debates involve very different kinds of questions.

The historian – the good ones at least – will be looking at the evidence for and against some historical hypothesis, and let the chips fall where they may. The social justice seeker will be looking at the impact of some policy or program on those on whose behalf she’s looking. In short, he has his work, she hers. God is in His heaven, and all’s well with the world. Except that …

Except that the social justice seeker will also be looking at the impact on her political agenda of the historian’s or scientist’s pronouncements on these facts-of-the-matter. And therein lies the problem. At a social justice university, a pronouncement that undermines some political agenda will be rightly disallowed. For that matter, even a question the asking of which undermines that political agenda will be rightly disallowed. Thus, for example, at a social justice university questioning the Holocaust is Holocaust-denial, Holocaust-denial is anti-Semitism, and anti-Semitism is grounds for immediate dismissal.

Here’s a less dramatic case in point. Shortly after it opened, the Women’s Centre at my university launched an awareness campaign about violence against women, in the service of which it distributed a poster pointing out that 60% of the victims of domestic violence are women and children. But hang on. Doesn’t that mean that fully 40% of the victims of domestic violence are adult men? And since more than 20% of victims of this violence must surely be the children in the home, that means that the targets of domestic violence are more apt to be men than women. So whoever thought these posters would raise awareness of violence against women was either too stupid to draw this simple inference, or else she hoped others would be too stupid to draw it.

But now suppose that this stupidity had been brought to her attention. Would she have gone ahead with the posters and let the chips fall where they may? Certainly not. She would have suppressed the information, and been damn quick about it! That’s just the nature of advocacy. It’s not about what’s true. It’s about what works. And that’s just as it should be.

What she could have done, I suppose, is point out that because of the physical and political asymmetry between men and women, the subordinating effect of a man beating a women is orders of magnitude greater than that of a woman slapping a man. But though obviously true, and even more obviously relevant, that would be far too subtle for an eye-catching poster. So even though her point is a sound one, she either has to make it stupidly or not make it at all.

Haidt doesn’t think there’s anything wrong with a university dedicating itself to social justice, just as long as it’s upfront about it. He just thinks that if it is upfront, it won’t have very many takers. This is because employers aren’t usually looking for people who know what’s politically correct. They’re looking for people who have a better than random chance of knowing what’s true.

People trained at social justice universities like Yale get jobs at other social justice universities. People trained at the truth-seeking universities like the University of Chicago get jobs at other truth-seeking universities. Neither MSNBC nor Fox News recruits out of the University of Chicago. MSNBC recruits out of Yale, and it shows. Fox News recruits out of Ronald Reagan Elementary, and it shows.

The social network is currently engaged in what appears to be a winner-take-all culture war. It’s over bathrooms and pronouns, immigration and health care, gun control and abortion counseling … On the one side are the Alt-Right, who are, for now at least, united behind their new Fuhrer. On the other are the LGBTQQIP2SAAISA+, who are currently fighting amongst themselves about the politically correct ordering of these letters. Taking cover – because what else can they do? – are the Jonathan Haidts and Steven Pinkers, who can only wish a pox on both their houses.

Left and right, liberal and conservative, and cross-overs that boggle the mind of any non-aligned observer … Has it always been thus? I’m not old enough to say with any confidence. But I do remember the Sixties. We liberals won that one. That was two-steps-forward. So even if the Alt-Right takes us back a step, we’re still one ahead. So yes, God is in His heaven, and all’s well with the world. Except that …

Except that the university at which I work is currently poised between Haidt’s two models. Since it’s relatively small, its students predominantly rural, and not yet very racially diverse, the pressure for political correctness is much weaker than it is in larger universities in more cosmopolitan centers. But the fields surrounding it don’t entirely set it apart from the world beyond those fields. So a decision has to be made. And it has to be made clear.

But because, like at most universities, our Administration is made up of ex-academics turned bean-counters, and because members of faculty who should know better don’t, what we’re getting, and what our students are getting, is a hodgepodge of mixed signals. It would appear – and who can blame them? – that all the stakeholders want to have it both ways, notwithstanding Haidt’s admonition that they can’t. Neither mandate is being well served. As a result it’s just not a very good university.

I’m in the twilight of my career, and I’m not a believer in leaving a legacy. Que sera sera. But the future is ours to see.

THE TONY HALL CASE REVISITED

I made a stab at this in my blog in an earlier post entitled “Holocaust Denial and Anti-Semitism”. Since that post, an internal investigation of an internal complaint against Tony Hall has exonerated him, and the Administration’s complaint against him to the Alberta Human Rights Commission has been rejected, both pretty much on the same grounds I laid out in that post. But now I want to go a tad deeper into the issue. Not the issue of denying the Holocaust or of being an anti-Semite. On those scores I’ll stand by what I said in that earlier post. Rather what I want to know is this: Assuming I wanted to deny the Holocaust or reveal myself as an anti-Semite, how would I go about it?

Being that I’m Jewish it’s unlikely I’d want to – though there are Jews who would and have. Rather I’m asking because – see that earlier post – my colleague is being accused of both, and I want to know if there’s any way – any way at all – that accusation could stick.

To this end I want to grant to his accusers everything that can be granted, beginning with the concept of conversational implicature.

Suppose you ask whether I think it’s going to rain tomorrow and I answer, “Is the pope Catholic?” Have I asserted that it’s going to rain? Yes I have. That’s because “Is the pope Catholic?” is an expression we use to say yes to whatever question was just asked.

Suppose you ask whether so-and-so is attractive, and I answer that she has a wonderful personality. Have I changed the subject? No I have not. I’ve answered your question in the negative. To claim afterwards that I never said she was ugly would be disingenuous. I did say it, even though I didn’t ‘say’ it. One can say without ‘saying’. In fact one can say without ‘saying’ anything at all.

But to know that “Is the pope Catholic?” means yes to whatever question was just asked requires that one be party to that convention. By this I don’t mean one must think it’s a good convention. Some overly devout Catholic might think it’s disrespectful to the pope. All I mean is that one is aware that the convention is in place. So if I answer a question with “Is the pope Catholic?”, I know perfectly well that I’ve just answered in the affirmative to the question that was just asked.

But it’s not always easy – is it? – to know what conventions are in place, or at least what conventions are taken to be in place by one’s interlocutors. For example, a couple of U.S. elections back, I was surprised to learn that Democrats take “New York values”, when spoken by a Republican, to be code for Jewish values. And I suspect it came as a surprise to a lot of Republicans as well. And so the question naturally arises: Are we accountable for what was said, or for what was heard?

Certainly in the case of “Is the pope Catholic?” and “She has a wonderful personality!”, what was said and what was heard are one in the same. But what about “The Holocaust, like every event in history, should be open to new research, and our understanding of it open to revision.”? In the same way that Democrats take “New York values” to be code for Jewish values, some Jews – and apparently, with a little urging, some of their gentile supporters too – take that statement as code for “The Holocaust is a Zionist myth!” And one of the to-be-made-explicit premises underpinning Tony’s accusers’ argument is going to be that Tony knew this. Or if not, then – like the reasonable man on the Clapham omnibus – he should have known it, and therefore what he said – said without scare quotes – was that “The Holocaust is a Zionist myth!”

Let’s suppose, however implausibly, that they’re right. Not about Tony saying that the Holocaust is a Zionist myth, but that the convention is in place and that Tony should have known it. How, then, could Tony say that “The Holocaust, like every event in history, should be open to new research, and our understanding of it open to revision.” and mean that the Holocaust, like every event in history, should be open to new research, and our understanding of it open to revision!? If his accusers don’t want our understanding of the Holocaust to be open to revision, then they’ll decide that any way of saying it will be code for “The Holocaust is a Zionist myth!” And that’s precisely what they’ve decided. It’s a great trick, if anyone’s stupid enough to let them get away with it. And apparently some people are that stupid. Let’s just hope no judge is among them.

But now let’s suppose, albeit counterfactually, that Tony had said – and by said I mean said – that the Holocaust is a Zionist myth. How exactly does this count as hate speech? What would have to be shown – and this is an empirical matter – is not that Holocaust denial is associated with hatred towards Jews – that, I think, can be granted – but that it causes hatred towards Jews. And this would require an experiment involving some kind of control group. Take a non-biased sampling of a hundred people, disabuse half of them of the historicity of the Holocaust – including, if you like, that it was a Zionist invention to guilt the world into backing what would become the State of Israel – and see whether they, but not the control group, begin to exhibit signs of hating Jews. My guess is that most of the disabused group will be gobsmacked by the brilliance of the subterfuge, just as I would be if I were convinced that 9/11 was the work of Mossad.

In a world of realpolitik, the exposure of subterfuge has never of itself been grounds for hatred. At most it adds insult to what’s already regarded as an injury. So no, Holocaust denial may be a consequence of anti-Semitism, but it can’t be the cause of it. So even if Tony were denying the Holocaust – whatever that might mean – that would not constitute hate speech.

All right, so Tony’s off the hook vis a vis his alleged Holocaust denial. But what about dumping 9/11 – and the lion’s share of the little 9/11’s that followed in its wake – on Mossad?

As often as not Tony’s trutherisms are expressed as conjectures rather than assertions. But as we did earlier, let’s grant, for the sake of argument, that conjecture can be taken as code for assertion. So by conversational implicature, Tony has accused agents of the State of Israel of murdering thousands upon thousands of noncombatants in the furtherance of the interests of that state.

But hang on a minute. I make the same assertion every day. Well, okay, maybe not every day. But certainly whenever the subject comes up. I’ve made the same assertion, mutatis mutandis – and I’m hardly alone in these accusations – about the United States, about England, about France, about El Salvador, about Myanmar, about Syria … In fact pretty much about every state in the world. So clearly there must be more to hate speech than the banal observation that rulers of countries sometimes feel a need to kill people, people both outside the country they rule and within it.

Some of these accusations will turn out to be false. But the spreading of false information, other than in the service of fraud, is for very good reason not an actionable offence, at least not in Canada. And even if it were, the onus would be on the state – or in Canada the Crown – to prove beyond a shadow of a doubt that Mossad wasn’t involved in 9/11. And how could it do that? It couldn’t. Even if some Israeli agent was acquitted in a court of law, that would show not that he was innocent, but only that there was insufficient evidence to convict.

So if Tony is guilty of hate speech, the truth or falseness of his various trutherisms is irrelevant. What’s needed is the connection between claiming malfeasance on the part of the Israeli government and promoting hatred of Jews, in a way that claiming malfeasance on the part of, say, the American government, does not constitute the promotion of the hatred of Americans, the latter being, of course, ridiculous. That is, heaven forefend we should think that criticism of a government is criticism of its citizens. On the contrary, don’t we regularly criticize a government for beings at odds with the druthers of its citizens?

About a fifth of the Israeli citizenry are (mostly Moslem) Arabs. Of the four fifths remaining most are Jews. But about a third of these are staunchly opposed to Netanyahu’s ultra-Zionist policies. So even if we hold those who support Netanyahu responsible for those policies, that’s about the same percentage of the Israeli population as was the percentage of the American population that supported Obama. Did we hold the American people – Democrats and Republicans alike – responsible for the policies of the Obama administration? And even if we did, did we, as a consequence, hate all Americans?

So even supposing Tony were able to convince us of his trutherisms, how would this constitute hate speech against Jews? Against the Jewish perpetrators of these attacks, perhaps. But then surely, if your loved one was in one of those towers that morning, or in that nightclub in Paris that evening, that hatred would be warranted. But against Jews-qua-Jews? And if Jews-qua-Jews, then surely the official 9/11 story likewise promotes hatred of Arabs-qua-Arabs, or perhaps even Moslems-qua-Moslems. And yet that’s precisely what defenders of the official story take pains to deny that their story should promote.

So having given them everything they could ask for, what’s left to Tony’s accusers? Well, apparently, Tony’s conjectured – remember: that’s code for he’s accused – B’nai Brith of having false-flagged that virulently anti-Semitic attachment to one of his Facebook posts, the attachment that Tony claims got this smear campaign against him off the ground. But once again, how does this accusation constitute hate speech? And that question stands as a rhetorical one whether B’nai Brith was involved or not.

That is, let’s suppose that I did it. After all, I’m Jewish, and many if not most Jews are staunch Zionists. So it’s perfectly plausible that I did it to smear that anti-Zionist bastard Tony Hall. Now that I’ve confessed I should hardly be surprised that Tony now hates me. But why would Tony hate my brother, who happens to be a staunch anti-Zionist Jew?

All right, now let’s suppose I didn’t do it. It was done by some pimply-faced never-out-of-his-parent’s-basement adolescent shit-disturber for the sole satisfaction of disturbing shit. Probably the same pimply-faced never-out-of-his-parent’s-basement adolescent shit-disturber who’s photo-shopped Pope Francis giving head to Bashir al Assad. So Tony’s mistaken about me. Does his falsely accusing a Jew of malfeasance promote hatred of Jews?

Well, it would, I suppose, if Tony were saying – or for that matter even just saying – that wherever there’s malfeasance, chances are there’s a Jew behind it. And to be fair to his accusers, Tony does sometimes come across as thinking this. But according to his narrative it’s not Jews – or least not Jews-qua-Jews – who are trying to take over the world. It’s the point-zero-zero-one-percent. These neocons and Zionists just happen to have found common cause, at least for now.

But this idea that there’s a worldwide conspiracy of point-zero-zero-one-percenters – see my entry on the subject – is by no means unique to Tony. Most of my colleagues in the Philosophy department – being almost as idiotic as Tony – share this idiotic view. So if Tony’s going down, oh please please please, take my colleagues with him!

Your Honour, I move to dismiss. It’s not that my client is innocence of the charges against him. It’s that those charges – I think the legal term is – fail to disclose an offense.

HOLOCAUST DENIAL AND ANTI-SEMITISM

Down the hall and around two corners, I have a colleague named Tony Hall. I say ‘colleague’, but only in the sense that we’re both tenured professors at the same university. I teach in the Philosophy Department; he’s a one-man show in a program he calls Globilization Studies.

Tony’s an affable enough fellow, but he’s also an idiot. To his credit, he doesn’t mind me calling him that. He understands that most of his colleagues regard him as an idiot. Why? Because he’s a 9/11 Truther? Well, yes. But it doesn’t stop there. Tony’s convinced there’s an international Zionist conspiracy out there that’s behind most of the terrorist attacks that have taken place in the West over the past two decades, attacks for which the Israelis and their American neo-con buddies have cleverly framed their Arab enemies.

Now my own view, for what little it’s worth, is that nineteen brave young men – brave beyond description! – managed to pull off what must surely be the single most cost-effective military operation in human history. No fiction could possibly match it! And so if instead it was Mossad that managed to frame these guileless young Arabs for what was in fact a ‘false flag’ operation, well, that just raises my admiration exponentially. But, alas, cool as that would have been, reality just isn’t that cool. That would have involved just too many co-conspirators to be plausible. It’s not that people talk in their sleep. It’s that people brag. To suppose that of the hundreds of people who would have had to have been involved not one of them, in the throes of passion, whispered to his lover … So no, I think the official story is gobsmackingly cool enough. So that’s my story and, much to Tony’s chagrin, I’m stickin’ to it.

But – notwithstanding that I guess I have – that’s not what I want to blog about here. Rather I want to blog about what happened on October 4th of last year. That’s the day that Mike Mahon, the President of the University of Lethbridge, in blatant violation of the collective agreement between the Faculty Association and the University, suspended Tony without pay and declared him persona non grata on campus.

Needless to say there are several court cases pending, an international censure of the U of L is in the works, and many of Tony’s colleagues, myself included, have, and continue to, come to Tony’s defense. But none of that is what I want to blog about here either. If the case for academic freedom has to be made to the kind of people I assume have been reading this blog, I might just as well hang up my shingle right now. Rather what I want to blog about is what Tony is being accused of.

In conjecturing that the State of Israel is behind the lion’s share of all these terrorist attacks, he’s being accused of promoting anti-Semitism. His accuser, by the way, is one Goldie Morgentaler, a prof in the English Department, daughter of the late Henry Morgentaler, the abortion doctor responsible – and thankfully so – for the 1988 Supreme Court ruling striking down Canada’s abortion legislation, and who was, along with Goldie’s mother, a Holocaust survivor. Bigotry doesn’t arise ex nihilo. So it’s not entirely surprising that Goldie would hold the view that – and I quote – “Any criticism of the State of Israel is anti-Semitism!”

According to Goldie, then, my fellow self-loathing Jew, Noam Chomsky, and I are both anti-Semites. Well, once played, nothing can trump the Auschwitz card, so I guess I must be. But Tony isn’t. He’s an anti-Zionist, to be sure. But then so is Chomsky. So am I. But anti-Zionism is little more than a hundred years old. Anti-Semitism has been around since the supersessionism of First Century Christianity. Two very different animals. Two very different pedigrees.

Now my own view – again for what little it’s worth – is that if I thought the Israelis were clever enough to have pulled off all those attacks and blame every one of them on their Arab enemies, that wouldn’t make me anti-Semitic. Hell, that would make me proud to be Jewish. I must be a member of the smartest race the world has ever known! So how are any of Tony’s false flag conjectures anti-Semitic? Anti-Semitism is the view that Jews are morally inferior to gentiles. So it must be that his accusers think that Tony thinks that intelligence is a sign of demon possession or something.

Look. Two peoples, Jews and Arabs, each want the same piece of land. And neither, it seems, is all that sanguine about sharing it with the other. What choice is there but war? And what, according to Thomas Hobbes, are the two cardinal virtues of war? Force and fraud, right? Fraud. So if the Israelis were responsible for 9/11 and successfully framed their enemies for it, that would be something to admire. If Tony thinks the Israelis did pull off these attacks and yet he doesn’t admire them for their chutzpah, then he must be a complete idiot.

Of course it’s entirely possible that Tony’s accusers think he’s just, well, stupid. That he has conflated cleverness with evil. Or perhaps they think he hates us Jews not because of our cleverness but for the same reason most of you anti-Semites hate us Jews, namely that we killed your Lord, we celebrate Easter by drinking the blood of a Christian baby … You know, that sort of thing. But though yes, we did kill your Lord, and though yes, we do celebrate Easter by stealing a recently baptized infant and then drinking its blood, Tony doesn’t know anything about any of this.

So the best explanation is that he hates Jews for the same reason I hate Germans, namely that my co-religionists are treating the Palestinians under Occupation pretty much the way the Nazis treated us in the Warsaw Ghetto. If Sabra and Shatila aren’t grounds for Tony’s hatred then neither is Auschwitz grounds for mine.

But wait a minute. Hatred of Jews for Sabra and Shatila isn’t anti-Semitism. It’s anti-Zionism. Chomsky and I don’t exactly hate ourselves for Sabra and Shatila, but these atrocities certainly make us ashamed to be Jewish. Since Tony isn’t Jewish he can’t be ashamed. But he can be, is, and rightly so, outraged. That Goldie is neither ashamed nor outraged makes her the bigot, not him.

But now for the elephant in the room. Tony is on record as advocating that the Holocaust can be, and ought to be, as open to re-examination as any historical episode. Well, how could anyone disagree with that? And yet, apparently, some can and do. Apparently people like Goldie take opening the Holocaust to revisitation to be code for Holocaust denial. Tony should know this, so Tony is a Holocaust denier. Quod erat demonstrandum.

The absurdity of this argument aside, the problem with this closing of the canon is that it leaves no way that the Holocaust can be revisited. And that’s just the equivalent of Scriptural literalism. Scriptural literalism is an unsustainable theology. For example, since Jesus was alone in the Garden of Gesthemene, how does anyone know what was said there? The famous “Take this cup of poison away from me!” was invented. It was, at best, conjectured.

The Holocaust – more enlightened Jews prefer the theodically neutral term ‘Shoah’ – is not an event. It’s the name for a collection of events as numerous as the grains of sand on a beach. If I move one grain from here to there, have I denied the Holocaust? How many grains do I have to move, from where and to where, to count as a Holocaust denier? However that question is answered – and I’m prepared to accept any answer to it, provided it’s understood to have been a stipulated one – how does my Holocaust denial constitute anti-Semitism? How, for that matter, does it even constitute anti-Zionism?

Look. Let’s suppose that the whole beach is a lie. This is equivalent to saying that the entire New Testament was made up. Many if not most scholars are now of the view that the Exodus was a myth. How is such Exodus revisionism a threat to contemporary Jews? It isn’t. If I said to a Christian that her entire faith is built on an historical falsehood, how would that make me anti-Christian? It wouldn’t.

How, for that matter, would my Holocaust denial constitute even anti-Zionism? Zionism got off the ground in the 1880’s. The Balfour Declaration was issued in 1917, a quarter of a century before the Holocaust. So the Jews were going to have a homeland in any case. Once the camps were liberated, did the largely Jewish-controlled media exploit Christian guilt to garner support for a Jewish state? Of course they did. Do they continue to do so today? Of course they do. But calling them out on this is hardly an argument for the illegitimacy of the Jewish state. One could as readily argue that the non-historicity of the Cross means the Vatican should be leveled and turned back into a meadow.

To be fair, Tony is as guilty of this guess-the-enthymeme kind of thinking as his accusers. But that just says they’re both idiots. Tony is an idiot for thinking that a possible narrative is a true narrative, and his accusers are idiots for thinking that asking a question is providing an answer to it. But even if Tony were denying the Holocaust – whatever that might mean – this in itself is neither anti-Semitism nor even anti-Zionism. It’s true that some Diary-denialists – yes, there is such a thing – doubt the authenticity of the Anne Frank diary because they’re anti-Semites. But the because-relation doesn’t hold the other way around.

Tony Hall is an idiot, but he’s probably not a Holocaust denier, and he’s definitely not a bigot. Goldie Morgentaler, on the other hand, is undeniably the latter. I’m a bigot too. When I hear German spoken my back goes up. But I don’t allow my bigotry to close the canon on history. Nor do I allow it to ratify apartheid and genocide.

There, Goldie, I’ve said it! Now go ahead and petition President Mahon to have me join Tony in being forcibly relieved of my post.