CONSERVATIVE
eurocon_12_2015_summer-fall
eurocon_12_2015_summer-fall
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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