Barbara Butch, the LGBTQ activist who was the center figure in the controversial “Last Supper” Paris Olympic scene is threatening to sue those criticizing her. Butch played the role (wearing a Christ-like halo) viewed by many as a spoof on Christ in the Last Supper. The creators insist that they were going for a type of “pagan party” of Olympic gods and sent a message of tolerance. Art experts have supported the creators and pointed to paintings that inspired the pagan motif. That is not exactly what was seen by millions of Christians who were deeply insulted by the parody.

(Article republished from JonathanTurley.org)

 The question is not the intent of the creators, but the intent of critics in denouncing the display and its participants.

The threat of legal action would not be especially serious in the United States where opinion is given robust protection in both criminal and civil cases. In France, however, free speech is in a free fall with the left pushing for the censorship and criminalization of an ever-expanding range of political and religious speech.

The ceremony itself had some truly powerful and stunning elements. I enjoyed the mix of music and imagery as well as the effort to show the diversity of France.

However, other elements were more divisive or excessive. For example, the producers decided to use the ceremony to feature such elements as three young people hooking up for a “ménage à trois.” With many families watching with kids, many of us thought the scene was inappropriate for such an event. However, it was the supper scene that led to protests from clerics and critics. While claiming a message of “tolerance,” the scene was taken as yet another slap at religious elements in society.

That is a debate that has continued to rage, particularly on the Internet.

Audrey Msellati, Butch’s attorney, posted a statement on Butch’s Instagram account that the DJ and activist will seek legal action after being “the target of an extremely violent campaign of cyber-harassment and defamation.” She is promising to file “several complaints against these acts.”

Clearly, any direct and intentional threats of violence against Butch should be prosecuted, as they can be prosecuted in the United States. However, the French laws sweep far more broadly in criminalizing opinion and what I have called “rage rhetoric.”

In France, such complaints are often criminal matters. In my new book, “The Indispensable Right: Free Speech in an Age of Rage,” I discuss the collapse of free speech rights in France as well as other European countries. This anti-free speech wave has now reached our shores. It has many allies in our own anti-free speech movement. American leaders such as Hillary Clinton have actually enlisted the help of European censors to seek to silence American citizens.

Once the cradle of individual liberty, France long ago became a global leader in the crackdown on free speech.

These laws criminalize speech under vague standards referring to “inciting” or “intimidating” others based on race or religion. For example, fashion designer John Galliano has been found guilty in a French court on charges of making anti-Semitic comments against at least three people in a Paris bar. At his sentencing, Judge Anne Marie Sauteraud read out a list of the bad words used by Galliano to Geraldine Bloch and Philippe Virgitti, including using ‘dirty whore” in criticism.

In another case, the father of French conservative presidential candidate Marine Le Pen was fined because he had called people from the Roma minority “smelly.” A French teenager was charged for criticizing Islam as a “religion of hate.”

I also wrote earlier about the prosecution of famous actress Brigitte Bardot for saying in 2006 that Muslims were ruining France in a letter to then-Interior Minister (and later President) Nicolas Sarkozy. Bardot, an animal rights activist, was repeatedly hit with such criminal complaints for criticizing different groups.

While wildly popular with many in Congress, French President Emmanuel Macron has consistently worked against free speech rights.

That is why the homage in the Olympics to Liberté rang hollow for many of us in the free speech community. The French leaders have long been hypocritical in claiming to support free speech, such as marching in support of the Charles Hebdo magazine after the massacre after cracking down on its editors and writers.

Thomas Jolly, the artistic director for the opening ceremony of the Olympics, clearly wanted to be provocative in these scenes. He succeeded. Clearly, such provocative elements will spur debate and discussion, including heated opinions. Use of criminal sanctions for those expressing opinion would make a mockery of the display of fealty to French liberties that Jolly features in his ceremony.

Read more at: JonathanTurley.org