In the past week, we had two instructive lessons about the way that freedom of expression can operate from our American neighbour.
A law student from Georgetown Law School, Sandra Fluke, testified before a group of congressional Democrats that her Jesuit college's health plan should cover birth control.
The controversial radio talk show host, Rush Limbaugh, responded with a vitriolic personal attack on Fluke on his show:
"What does it say about the college coed Fluke who goes before a congressional committee and essentially says that she must be paid to have sex? What does it make her? It makes her a slut, right? Makes her a prostitute. She wants to be paid to have sex. She's having so much sex she can't afford the contraceptives. She wants you and me and the taxpayers to pay her to have sex.''
The vile description of Sandra Fluke as a slut and a prostitute led to widespread public outrage. It became an open question if Rush Limbaugh's talk show could survive despite his attempt to offer a series of feeble apologies.
Limbaugh learned quickly that there was a severe cost for his hurtful free speech. It wasn't a legal action commenced by the law student he offended. So far 29 companies have pulled their ads from his radio show. A boycott campaign has started on Twitter and online petitions are circulating urging the remaining sponsors on Limbaugh's show to pull their ads.
In a second case last week, Richard Cebull, the chief Federal District Court judge in Montana, admitted that he had emailed some friends on his government computer a joke that included deeply offensive racist and sexual language directed against U.S. President Barack Obama.
After the emails were exposed, the judge apologized to the president and referred his own matter to the Judicial Council of the Ninth Circuit Court of Appeals for possible disciplinary action.
Judge Cebull has been urged to leave the bench immediately with claims that is unfit to be a federal judge lacking impartiality and balance. The New York Times published an editorial on Tuesday urging the judge to resign. The judge's tenure on the federal bench appears precarious.
What is the lesson for Canadians? In both cases, results were achieved without relying on any court or tribunal..The court of public opinion can be the most effective tool to counter shocking excesses of freedom of expression.
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