Have you ever posted a Bible verse on social media? In Finland, this can land you in prison. The Finnish penal code provides that if a person is reported for expressing an “opinion” or “another type of message” that may have “threatened, defamed or insulted” someone, they can be imprisoned for up to two years. This is a serious prison sentence for nothing more than an insult.
Incredibly dystopian, this law is currently being used to bring criminal charges against long-time Finnish Member of Parliament and former Minister of the Interior, Dr. Päivi Räsänen. Her alleged crime: In 2019, she expressed her deeply held beliefs about marriage and sexuality in a Bible verse tweet and during a debate on a radio show, as well as writing a church pamphlet on the subject 17 years ago. This committed public servant, doctor and grandmother now faces onerous legal proceedings and the imminent threat of arrest.
His trial, which began today, marks a turning point for human rights. How can Finland, a country that tops the rule of law rankings, so blatantly disregard freedom of expression? May this be a wake-up call for all of us. Europe may be leading the charge against the proliferation of “hate speech” censorship laws, but the United States is far from immune to this insidious trend. The idea that the government has the prerogative to silence speech with criminal sanctions is gaining traction around the world, with severe ramifications for all fundamental freedoms.
As with any speech, public expression of opinion always has the potential to offend. Räsänen’s words may indeed have offended some, but is that criminal? As tensions mount, let’s remember that it’s not about agreeing or disagreeing with her statements. Simply put, the question here is whether the government should be able to silence what it considers the “wrong” kind of speech.
This toxic cocktail of censorship and criminal sanctions is in no one’s interest. After all, who among us could survive having nearly two decades of personal speech scrutinized against an extraordinarily low ruler by which to measure an “insult”? Also consider the chilling effect that targeting public servants has. Surely this will intimidate many people into withdrawing from public discourse altogether.
In the US, freedom of expression has long underpinned our ethos national identity, defining who we are as Americans. And yet it would be naive to suppose that this freedom is rigid. What is happening to Räsänen could happen here? The ease with which social media giants censor and ban accounts with “wrong” opinions should make us stop. Increasingly, US courts also have to deal with speech. Take, for example, Nicholas Meriwether’s challenge to Shawnee State University’s transgender pronoun policy. Although Meriwether, a professor of philosophy, walked away from the US Court of Appeals with his right to speak intact, that was far from a foregone conclusion with speech increasingly under attack in this country.
Censorship is ineffective and totalitarian. Speech restrictions in place across Europe have in no way countered the rise of extremism on the continent. Repressing freedom of expression goes against diversity and tolerance. And as exemplified by the case of Räsänen, there are no discernible limits when governments begin to police legitimate speech.
The freedom to speak only harmlessly is no freedom at all. We must all agree that incitement to violence is inadmissible and requires restraint. But beyond that, it is the free and open transmission of ideas that is most conducive to the flourishing of democracy. Everyone loses in an Orwellian reality where the fear of ending up in jail prevents them from talking.
As censorship laws sweep through “progressive” countries, now is the time for a renewed commitment to the Western tradition of free speech. We must wholeheartedly oppose pernicious efforts to position government as the final arbiter of what can and cannot be said.
The facts of the Räsänen case do not in any way support the finding of criminal wrongdoing or any wrongdoing. Human rights advocates should expect justice to prevail here, revealing the absurdity not only of her accusations but also of the law under which she was accused. Given the onerous nature of this legal ordeal, it is clear that she is being made an example – an ominous warning to all.
While this case is a world away in Finland for now, its waves will be felt across the Atlantic; and it’s about much more than the freedom to tweet Bible verses. Our very right to express our opinions and beliefs in the public square without fear of reprisal, a fundamental right to our identity as free-thinking people, is in jeopardy.
©2022 National Review. Published with permission. original in english.
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