Shouting Over People (Or Pasting Over Their Message) Is An Exercise In Thuggery, Not Free Speech
UCLA constitutional scholar Eugene Volokh blogs at the WaPo that pasting over anti-Islam ads with images of "Ms. Marvel" isn't free speech:
A group that is sharply critical of Islam recently bought space for anti-Islam ads on San Francisco buses. San Francisco had a First Amendment obligation to allow such ads; as a court recently held, once a city opens up a bus advertising program, it may not reject such ads based on their anti-Islam viewpoint.But earlier this week, some people pasted over parts of the ads with a picture of Ms. Marvel, a Muslim American superhero recently introduced by Marvel Entertainment, and with stickers bearing various messages, including "Free Speech Isn't a License to Spread Hate." Is this action itself constitutionally protected free speech, as some have suggested?
No -- just as it wouldn't be protected free speech to take a pro-religious-tolerance advertisement (or a mosque advertisement) and paste anti-Islam messages over it. People have no right to just attach their own messages to city vehicles. Indeed, attaching messages that write over lawfully purchased advertising messages likely qualifies as "[d]amag[ing]" another's property, or as "[d]efac[ing]" it by "mark[ing]" over it. (Attaching stickers is considered "mark[ing]" property, and marking is considered defacing even if it's easy to remove. The statute I cite requires that the defacing or damaging be done "maliciously," but that would likely be understood here as simply requiring that the defacing or damaging was done intentionally, rather than by accident.)
Again, the answer to speech you deplore is more speech -- not hiding or shouting down another's speech.
That's a thug's game.








On the plus side, reporting about the defaced advertisements might bring the anti-Islamist message to the attention of more people than the ads themselves would have. Personally, I never notice such ads.
BTW, I hope no one is surprised about the existence of "Ms. Marvel, a Muslim American superhero recently introduced by Marvel Entertainment".
Marvel Comics recently gender-fluidized Thor from a man into a woman... that sort of progressivist shark-jumping is all in a day's work for a wholly-owned subsidiary of Disney.
Lastango at February 4, 2015 3:28 AM
Ah, but the article that inspired the blog you cite has the wonderfully tolerant title:
"Comic Heroine Ms. Marvel Saves San Francisco From Anti-Islam Ads
By Frances Kai-Hwa Wang"
Let us not forget that when you stand up to defend free speech, that "free speech" must include things you don't like (or find 'blasphemous') or it is not free speech.
DrCos at February 4, 2015 3:30 AM
Here is the link to the NBC News story with the tolerant title.
Just to present both sides, as it were.
DrCos at February 4, 2015 3:32 AM
A hates B, B hates A. Only one of those hates is sanctioned, stop the hate means only stopping one direction.
We see the left doing this re branding all the time, basically there is power in calling the other side 'anti', or an 'ist'.
Joe j at February 4, 2015 6:55 AM
It's an example of what I call "clogging the channel"; that is, expressing my opinion so loudly and/or so frequently that nobody else's opinion can be heard. Back in the days of email mailing lists, I once banned a long-time member who sent about 400 posts in an hour. This member had previously posted some controversial opinions, and I got some questions from other members about whether I had banned him for that. I replied that I had not banned him for his opinion; I had banned him because his clear intent in sending the 400 posts was not to express an opinion (none of the 400 posts contained anything he hadn't said before), but to crash the server and/or clog up people's inboxes such that no one else's posts would get through. By doing so, he was preventing the expression of any opinion other than his.
Now, an Internet mailing list might seem to be a tempest in a teapot by comparison. But a basic civil value is that once we've said our piece, we have to give someone else a chance to talk for a while. People who don't abide by this value aren't expressing an opinion; they are trying to suppress any opinion other than their own.
Cousin Dave at February 4, 2015 7:20 AM
My favorite is branding people who criticize Islam "islamophobic." Phobia is unwarranted fear.
The girl who came up with "Draw Mohammed Day" is still in hiding, on the advice of the FBI.
Is that because they're "phobic" or because Islam commands Muslims to slaughter those who criticize Mohammed? Sure, the Bible also endorses some crazy stuff, but when's the last time the Christians neighborhood got together to stone the slut down the block for sleeping with some other lady's husband?
Amy Alkon at February 4, 2015 7:34 AM
To Amy:
Er...that's a bit confusing.
"Other lady's husband"? That implies that BOTH women are ladies. But the word used earlier in the sentence suggests otherwise. Or do we now acknowledge that a woman can be both? :)
(I believe "ladies" should be used all the time or not at all - except maybe when saying "ladies and gentlemen.")
lenona at February 4, 2015 1:02 PM
BTW, I hope no one is surprised about the existence of "Ms. Marvel, a Muslim American superhero recently introduced by Marvel Entertainment".
Marvel Comics recently gender-fluidized Thor from a man into a woman... that sort of progressivist shark-jumping is all in a day's work for a wholly-owned subsidiary of Disney.
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You have no idea what you're talking about. Gender-swapping and replacing the individual holding the superhero's title are actually pretty *normal* in comics.
Thor has been turned into a woman (and back) in his past (also been turned into a frog and back as well - are you as outraged that he's species-fluid too?). And this is actually another individual entirely wielding Mjolnnir (who she is exactly is part of the storyline). Various other individuals that have been able to wield the hammer have included a horse-faced alien, an android, a different frog, and two other - gasp! - women. Likewise, Ms. Marvel is far from the only or even first of her kind (female muslim hero). If nothing else the mutant Dust (a sunni mutant in a niqab) was introduced in 2002 and Disney's acquisition was in 2009.
The blonde haired Carol Danvers got a long overdue promotion to Captain Marvel (she even gets to wear pants now!). She still exists and is kicking butt. And while Kamala may be the latest Ms. Marvel, there were two in between her and Carol.
Now does Disney have a vested interest in the creation of the new Ms. Marvel? Yes. 1) She's a young teen girl, the demographic they're trying to get into reading comics (and I'm glad someone is). 2) Fox owns the term "mutants" for the purposes of making movies, so Disney desperately needs new characters who are "Inhumans". 3) Before were acquired by Disney, Marvel sold off movie rights when it was going into bankruptcy. Disney needs new characters to make up for not having the X-men, Spiderman, FF (incidently, the new Johnny Storm is a black guy), and others. 4) Why not a muslim superhero? Wonder Woman descends from the Greek pantheon, Thor is Norse, and Superman is technically and illegal alien. If it's pandering to try to get more people to read the comic, who the hell really cares?
And if there's a political message behind it? Well, that's another long-standing tradition of not only comics, but fiction in general. Professor X and Magneto were patterned off of the opposing philosophies of Malcom X and MLK (because yes, the X-men and the mutants were originally an analogy for race and in the movies certainly drew parallels to the LGBT movement).
And shark-jumping? Marvel already survived Pet Avengers, Nomad, the Swimsuit Issues, US #1, Rob Liefield, and Billy Ray Cyrus. A 16 year-old Pakistani-American girl who has superhealing is barely a skip over a minnow in comparison.
Elle at February 4, 2015 9:04 PM
Elle, when the bad guys become as ethnically and gender diverse as the heroes, I'll start to believe it. But I almost guarantee you that the bad guys will contine to all be white males of some type. I saw all of this happen before in the '70s, and that's exactly how it played out, bringing the Silver Age of comics to an end.
Cousin Dave at February 5, 2015 10:12 AM
But I almost guarantee you that the bad guys will continue to all be white males of some type.
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Thanos is purple, Ronan the Accuser is blue, Korath was black, Yonduu (an antagonist if not a villain) was blue and played by a black guy, the Collector (again, not exactly a good guy) was "hispanic" and Nebula was both blue and female - that's just Guardians of the Galaxy (or do they not count because aliens?).
Captain America: Winter Soldier had Cap fighting Algerian pirates in the beginning. The Wolverine had Viper (a woman), Shingen, and Silver Samurai. Spiderman turned Electro into a black man as Daredevil did with Wilson Fisk. The upcoming Avengers movie will have them fighting Ultron. Granted, Days of Future Past did have Trask played by a white man, Peter Dinklage is not exactly a common body type. And that's just the movies. (Although the argument can be made that it's the movies that really matter the most because a large comic title would be lucky to clear 100,000 sales at $4.00 or so - Guardians of the Galaxy grossed over $300,000,000 in the US alone)
Female villains of Marvel? Lady Deathstrike, Mystique, Dark Phoenix, Madeline Pryor, Emma Frost, and Marrow to name a few.
Not white but human villains? Bushmaster, Bushman, Apocalypse, Tombstone, Vindaloo (seriously, they named the villain from India "Vindaloo"), and even though he's technically from DC - I'm going to include Bane because he's badass enough to put Batman out of commission (although in the movie he was a white guy it turned out he was only a pawn for .... a not-white woman!)
Maybe you should have kept reading, or pick it up again now that we're in the Rennaissance of comics. Then again, I understand that it's hard for white guys to find interesting characters that they can identify with in comics.
Elle at February 5, 2015 2:23 PM
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