October 15, 2004
L'affaire Kinsella
Threats of legal action are flying in the Canadian blogosphere as Liberal bloggeur Warren Kinsella takes objection to a variety of comments at a number of blogs. The first rumblings of L'affaire Kinsella arrived by Red Ensign Courier yesterday morning at the beginning of what is, for me, a long day. Much had transpired by the time I returned home. If I understand correctly, bloggers took exception to Kinsella's expression of sorrow at the recent death of a Canadian sailor given Kinsella's close association with the federal Liberals those bloggers blame for underfunding Canada's military. I did not see at least two of the posted critiques as they have now been pulled as a consequence of Kinsella's legal threats and so it is difficult for me to offer comment. Equally, I am by no means convinced the Canadian navy got a bad deal with the Victoria (formerly Upholder) class of submarines despite the recent tragedy. In fact, I believe they may represent the only sound military procurement decision of that last decade (though my former research work with their manufacturer means my opinion is entirely biased and should be taken as such).
Kinsella's actions seem troubling whatever the merits of his expression of sorrow or the criticism it elicited. Jay Currie offers the following:
Ben Sharma of The Tiger in Winter fame offers a link round-up. Ben comments on part of Kinsella's posted riposte that also struck me. Kinsella claims he has received a truly repulsive email: "My favourite one so far called me a 'race mixer' (kind of suggests what circles my detractors can travel in, I think)."
Ben replies.
Well. That, I suppose, is that. I'll take my brown mixed-race self to bed now.
And then... I thought I was being clever in calling it L'affaire Kinsella. But it was Ben... vexed again! Such is the consequence of writing posts at four in the morning.
And then... Libertarian Samizdata comments (via Quotulatiousness).
To which I would add... for now. Does anyone imagine Andrew Sullivan would not choose to defend himself in court? Or Glenn Reynolds? It is only a matter of time before ad revenue provides bloggers with a stick with which to defend themselves.
Posted by the Flea at October 15, 2004 09:08 AM | TrackBackFlea said: "It is only a matter of time before ad revenue provides bloggers with a stick with which to defend themselves."
Curt says, why wait? If we had one person to carry the flag, all the rest of us need to do is chip in with paypal and then get the media and bigger players on board. Carpe Diem and whatnot. They're not just words.
The libs and WK have enough enemies, we just have to bring them on board. It's a minority gov't and WK is not on the current honour roll. It's not at all a bad time to a push back. Does the PM need try and defend WK over this, right now? I think not.
It's not a defend the accusation thing, it's a freedom of speech thing. And I have yet to see anyone address if hosting messages out of country will have any impact.
A flagbearer would probably need to be more than minimally well off or at least, not in a family way. I'd hate to see anyone hurt. Surely somebody can do it with some help?
Posted by: Curt at October 15, 2004 10:15 PMEven freedom of speech has limits defined in law. Whether this particular episide was especially egregious I hope to never know.
Posted by: Paul at October 16, 2004 03:40 PMI aware of, and support, some limits on free speech. But every authority I've seen on this issue suggests that Kinsella's case was very weak. Kinsella is not dumb either. So the threats were likley just bullying. And that's something I can't stand. Just because something offends you does not give you the right to stomp on people. The letter of the law counts and I suspect it would have worked against WK if it were to go that far. Sadly, there does not seem to be much interest. How Canadian - to slink before those claiming the sceptre. Or am I being prematurely pessimisitic?
Posted by: Curt at October 16, 2004 05:35 PMJay Currie may offer cause for optimism.
Posted by: Flea at October 16, 2004 05:56 PMI'm liking Jay Currie more every day. ;-)
Posted by: Curt at October 16, 2004 07:02 PMSo am I.
Posted by: Jay Currie at October 17, 2004 03:01 AM