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Free Expression in Poland<br />

Matthew Tyrmand<br />

Everyone perennially pays lip service to the<br />

importance of free expression, but it is only in periods<br />

of extreme stress on this issue, after Charlie Hebdo,<br />

for example, that it comes to the front and is actively<br />

defended. By not having more concern for all the subtle,<br />

coercive, and undermining acts of censorship that<br />

regularly occur, I believe we allow a crony system to<br />

fester and become ever more pernicious in the way that it<br />

crowds out the free, the uncompromised, the productive,<br />

and the competitive in a society.<br />

For my father, Leopold Tyrmand, who spent much<br />

of his adult life in Poland battling the censors and being<br />

blacklisted for how he expressed himself, free speech and<br />

a free press were the fundamental issues from which all<br />

his political beliefs sprung.<br />

It is worth recalling the First Amendment of the<br />

United States Constitution: “Congress shall make no law<br />

respecting an establishment of religion, or prohibiting the<br />

free exercise thereof; or abridging the freedom of speech,<br />

or of the press; or the right of the people peaceably to<br />

assemble, and to petition the Government for a redress<br />

of grievances.”<br />

The First Amendment, which codified the rights<br />

of a free citizen in the new American Republic, an<br />

experiment in democracy that we now can look back<br />

on as a resounding success, is a blanket protection for<br />

all forms of free expression. It goes even further than<br />

just protecting free speech, press, assembly and religion:<br />

In fact, the First Amendment encourages free citizens to<br />

complain by inputting, by suggestion, the right to petition<br />

the government for, as the framers put it, “a redress of<br />

grievances”. Sadly, such a protection was not codified<br />

into Polish law—in either the Polish May Constitution of<br />

1791 nor in 1989 after the Round Table talks. Because of<br />

this, the risk of an illegitimate power structure coercing<br />

the citizenry has remained high.<br />

Let us take a moment to look at some examples in<br />

which free expression is being impeded in Poland—but<br />

would be protected in America.<br />

The first and most pernicious example is in the<br />

manner in which criticism (especially that of visible<br />

public figures) is easily stifled by the civil justice system.<br />

What I find to be the most toxic to democracy is when<br />

the elected and appointed political class engages in this<br />

reprehensible practice.<br />

In theory, an integral component of the politican’s<br />

role is to continually defend his or her actions to those<br />

he or she serves, and to openly and honestly answer<br />

criticism head-on. But because political criticism is not<br />

absolutely protected, too often one cannot publicly ‘callout’<br />

someone and thus bring about a robust investigation<br />

of corrupt anti-competitive practices. These practices<br />

have become institutionally protected by laws crafted<br />

by the same political actors who benefit from stifling<br />

independent oversight.<br />

This is where we have to make a distinction<br />

between the letter of the law and the spirit of the law.<br />

When government officials dole out overvalued contracts<br />

for unnecessary work to their friends, it may not be a<br />

violation under the law (codified by those doling out<br />

the contracts), but it certainly is a violation of the spirit<br />

of rule of law in a constitutional republic. Unrestricted<br />

free speech and the correlative adjunct, free press, is the<br />

only weapon that can neuter this cronyism by informing<br />

potential voters of systemic corruption.<br />

I can relate a tangible example of this from my<br />

own recent experience. By social media proxy, Roman<br />

Giertych, a former Deputy Prime Minister and Education<br />

Minister, and a lawyer for many of the incumbent Polish<br />

government’s highest elected and appointed officials,<br />

stated earlier this year that on behalf of then-foreign<br />

minister Radoslaw Sikorski, he would be filing a lawsuit<br />

against Onet.pl, one of the biggest online news platforms<br />

in Poland, and myself.<br />

Ostensibly this was in response to Onet having<br />

published a Facebook comment on their news site in<br />

which I had suggested that the hypothetical example I<br />

cited a few moments ago—of paying one’s friends from<br />

the public treasury no-bid contracts many times in excess<br />

of the market rate—is (to quote myself): “what fraud<br />

VUMAG.PL<br />

The author describes a social and political dynamic in many<br />

ways reminiscent of what his late father, Leopold Tyrmand<br />

(1920-1985), faced in communist Poland in the 1950s.<br />

The European Conservative 9

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