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Liberté d'expression, laïcité, Charlie Hebdo : un vade-mecum pour les subs étrangers ?

UN GRAND MERCI À TOUS ET TOUTES ! Pour rendre ce texte plus facilement partageable aux non-francophones, les informations relatives au message lui-même ont été mises en fin de texte.
EDIT : ajout de segments sur la stigmatisation des musulmans et Dieudonné, n'hésitez pas à apporter corrections et précisions si besoin.
HOW DOES FREE SPEECH WORK IN FRENCH LAW ?
French law is simple: people have rights, ideas don't have any.
What that means is that:
  • French law forbids hate and defamation speech (or hate/defamation drawings...) when it's directed at people, or groups. For instance, if I say "Muslims are all barbaric", or "Jews are all hateful", or "Christians are all perverts", it's against the law.
  • French law allows "hate" speech, or any speech (and therefore any drawing) when it's directed at ideas - whether ideologies (communism, capitalism...), philosophies (existentialism...), religions (Christianity, Islam, Judaism...), or any others. For instance, if I say "the Quran is a barbaric book", or "Judaism is a hateful religion", or "Christianity has a perverse philosophy", it is not against the law.
You can satirize, criticize, mock, do anything to ideas, symbols, etc. Only people are protected by the law. There are a very few exceptions to that principle, but religion is not one of them.
WHAT ARE THOSE EXCEPTIONS?
Three main exceptions:
  • Denial of crimes against humanity that have been sentenced as such by a french or international court (this, obviously, includes the holocaust). This law has been and is still discussed: some argue that the political power should not interfere in history discussions.
  • Glorifying terrorism (it's a very old law: 1881).
  • Insulting the national flag. This one is a very recent (2003) and controversial law - and its pretty limited: the Conseil d'État ruled that this law applies only to "disturbing the peace" ; insulting the french flag is allowed for those who "want to communicate, by doing this, political or philosophical ideas, or who do it as an artistic or creative act".
WOULDN'T IT BE BETTER TO RESTRICT FREEDOM OF SPEECH TO WHAT IS NOT OFFENSIVE FOR OTHERS?
It would be a bad idea.
First, free speech doesn't make sense if it only works to please everyone. If a dictator forbids free speech, it's because he usually doesn't want people to say bad things about him, not because he's afraid of receiving compliments...
But most of all, in a society in which free speech should bow to your feelings, a LOT of things would be forbidden... including religions. For a lot of people in modern society, some principles are sacred: for instance the idea that apostates, women who have sex before marriage, or same sex couples aren't guilty of anything. The holy books of the three religion are therefore deeply offensive to them: they could just as well ask to forbid those writings...
There is no logical reason for which, in a society, some citizens should be considered more "holy" than others, or their feelings more important than those of others.
The limitations in free speech laws are only made to protect people - their safety, or their reputation. Not their ideas, nor their feelings.
SO WHY DID SINÉ GET FIRED AFTER MAKING FUN OF JUDAISM?
Siné was fired from Charlie Hebdo after making, in a text, a remark on the marriage of Sarkozy's son with a jewish girl, suggesting he was choosing to convert to Judaism to marry a rich heiress. The chain of events is complicated (see the wiki page), and the Charlie Hebdo director from those years (Phillipe Val) who fired him is still very controversial.
The LICRA (association against racism and antisemitism) filed a complaint against him after this. Siné was acquitted of all charges.
To sum this up:
  • Siné was accused of stigmatization against Jews (people), not their religion (idea).
  • His being fired from Charlie Hebdo is the sole responsibility of the director of that period, not french laws.
  • France, through its judicial system, confirmed that Sine was free to say what he said.
AND WHY DIEUDONNÉ WAS FORCED TO STOP HIS SHOW WHEN HE MADE FUN OF JEWS?
Dieudonné is a talented stand-up comedian, which gradually made attacks on Jews his specialty - and as time went by, he became close to the far right (Soral, Lepen). There are two very different affairs about him.
Note that, in those two affairs, he was never accused of mocking the Jewish religion (idea), but of hate speech, racist insults and defemation against Jews (people), of glorifying terrorism, and of denial of crime against humanity.
  • The first affair is the one everybody heard of: the cancelling of his show. In 2013-2014, Dieudonné is presenting a new one-man-show, and some parts of it are considered borderline antisemitic. But wait for a trial to confirm that would have been long, and the politic power at that time (french minister Manuel Valls) didn't want to let the show still publicly attack Jews every night without doing nothing. So, through his departmental prefects (which obey to political power), he asked to stop the show for "trouble à l'ordre public" ("disturbing public order"). That's not really what "trouble à l'ordre public" is usually used for (it's mainly made for meetings judged dangerous), but it's still possible to do it for a show, through an unique case law of 1995 (case law, aka "jurisprudence", is decisive in french law). This decision opened a huge and violent debate in France, including between its different institutions (the administrative court of the city of Nantes canceled the canceling of the show, then the State Council canceled the cancel of the canceling of the show...). This decision is still debated today, and judged illegitimate by many.
  • That said, there is another affair, or several in fact, which are not known at all abroad: the fact that, on the same matter, Dieudonné was found guilty several times after proper trials. Between 2007 and 2020, he was convicted 11 times (for "call to hate", for "racist defamation", for "racial insult", for "apology of terrorism"...). Those convictions have been confirmed on appeal, and are not a french obsession: he has been also condemned for the same things in Belgium, in Quebec, and one of his french sentences has been confirmed by the European Court of Human Rights.
To sum this up:
  • Dieudonné was never convicted for attacks on Jewish religion, but for attacks on Jews, denial of crime against humanity, and glorifying terrorism.
  • He has been found guilty of this 11 times by french justice, but also by the judicial system of Belgium, of Quebec, and by the European Court of Human Rights.
  • Nevertheless, the political power of 2014 hasn't waited for a trial to stop one of his shows with antisemitic parts, and cancelled it in a way which, while still legal, was jugged abusive and problematic by a big part of french society, including some of its institutions.
BUT WHY DOES CHARLIE HEBDO ONLY TARGET ISLAM?
Note, before anything else, that Charlie Hebdo is an independent newspaper: the French government doesn't decide what is published in it. They're read by only a very small part of the population. It only represents itself. And anyone is free to file a complaint against them.
That said, Charlie Hebdo, which is a critical and satirical left-wing newspaper (anti-far-right, antimilitarist, anticlerical, propalestinian...), and the heir of an anarchist-libertarian french press, has a long history in making fun (and even being plain rude/disrespectful) of anything and anyone. This includes all religions, and Islam is far from being the main focus, as shown by this statistic of the front covers of Charlie hebdo during the ten years that preceded the killings: https://i.imgur.com/1CeIQwU.png
For those who think they are harsher on Islam, here is an example of a recent cover they made about Christianity: https://p1.storage.canalblog.com/28/07/177230/82450171.jpg
The three main religions are in fact often targeted together: https://jewpop.com/wp-content/uploads/2019/01/charliehebdoproces.Jewpopjpg.jpg
And for those who think they are nicer to the jewish community, here is one of their drawing on Isreal killing children in Palestine: https://p6.storage.canalblog.com/62/81/177230/100527364_o.jpg
The main target of Charlie Hebdo, that said, is mainly far right politicians like Le Pen, not religion.
BUT SOME CHARLIE HEBDO CARTOONS COULD BE CONSIDERED RACIST!
On decades and thousands of drawings, there are very few cartoons that have been considered racist. Their idea to be "bête et méchant" ("stupid and nasty") with everyone (the main equivalent, in the US, would not be The Onion, but more something like South Park) lead them to sometimes cross the line.
For instance with this drawing (which is not a cover) : https://www.actuabd.com/local/cache-vignettes/L450xH536/riss-aylan-382e8.jpg?1580041384
Don't think it got a free pass: this drawing, as well as some others, was heavily discussed at that time in French society. But no one filed a complaint: you still can, if you want to.
IF FREE SPEECH IS SO IMPORTANT, WHY DOESN'T FRANCE LET COUNTRIES BOYCOTT ITS PRODUCTS, OR ERDOGAN QUESTION THE MENTAL HEALTH OF MACRON?
As far as France didn't forbid anything (just reacted to it), the French statement demanding the immediate stop of boycotts in an authoritarian tone was indeed clumsy, to say the least. That said, the statement was also highlighting the fact that those boycotts were a reaction to lies and distortions of words. This would not contradict free speech laws in France: defamation, in France like in any other country, is a limit of free speech.
The reaction to Erdogan words were only due to the fact that a president literally insulted another one, a thing which never happens in diplomatic relationships even between unallied countries. The last political leader to do so was Duterte, who insulted Obama. Obama reacted by cancelling their meeting - at that time, nobody thought it was an abusive reaction.
IF FRANCE DOESN'T HAVE A PROBLEM WITH ISLAM, WHY DOES IT FORBID THE HIJAB?
The Hijab in general is not forbidden in France: you can wear it in the streets, in a concert hall, at your job on certain conditions (see below), etc.
But there are two exceptions. Note that those exceptions concern ALL ostensible religious signs (hijab, cross, kipas):
  • State-run school (primary school, middle-school, and highscool - college is not concerned). The school is considered a neutral ground, in which children must forge their own opinion, without outside pressure, without religious influence or influence from their parents. This doesn't only concern religion, it's a global principle of neutrality (religious, commercial, and political neutrality, which concerns teachers, but also students depending of the context : during an election time, a child woudln't be allowed to come in class with a t-shirt promoting his favorite presidential candidate, for instance). While the definitive law on the subject is recent, it has its roots deeper in french history: public education in France was born in a pretty harsh fight against religious catholic schools, more than a century ago.
  • State workers. In France, regarding religion, the State is totally neutral (there is no State religion or official religion). Therefore, all its workers (teachers, cops...) must be neutral too, as they represent the State in their interactions with its citizens.
As for jobs, it can only be forbidden in two cases: 1) a clause in the internal regulations of the company can demand than employees in contact with clients (and only them) do not show any personal convictions signs (whatever they are: religious, political, etc.), 2) it can be forbidden for safety, hygiene, or security reasons. But an employer can not ask a employee to not wear it just because he doesn't like it.
FRANCE STILL FORBIDS NIQAB AND BURQA EVERYWHERE!
Yes. And as much as all the other laws were designed for ALL religions, this one (which is very recent) is not. In concrete terms, this law forbids an individual to hide their face outside of certain contexts (for instance, it's allowed for sanitary reasons - the COVID mask is therefore not against the law).
This law was a reaction to niqab and burqa not as religious signs, but as political ones (the signs of a political/fundamentalist islam, associated with the Salafi movement). It was a huge debate here in France, and a lot of people, while being not very supportive of niqab, still think it was a bad move.
Note that France is not, by far, the only country to have forbidden these: Senagal, the Netherlands, Chad, Gabon, Austria, Cameroun and others have also forbidden them.
NEVERTHELESS, AREN'T MUSLIMS STIGMATIZED IN FRANCE?
We have to be more cautious here, as the answer that follows isn't based on something as factual as law. The short answer is "yes": they are stigmatized. But not by caricatures...
Muslims in France are for most or them Arabs, children or grandchildren of North Africans immigrants from the sixties and after. Like all immigrant waves before them (Italians, Portugueses...), they experienced racism, but there are several differences. Due to the time of their arrival in France, they settled in brand new suburbs buildings, in places in which they were not mixed with other frenchs: those places became with decades deserted by the State (regarding public services), and have now to deal with high unemployment, drug traffic, and the criminality which results from it. This led to very harsh confrontation with the Police, which took bad habits: a black or arab frenchman as 20 more chances to be controlled than a white one, as a national 2017 study shows. In addition to that, the colonial past of France, and especially all that concerns Algeria (its colonization, the Algerian war), took a long time to be recognized as such by the State - and as much as Macron recently qualified Algerian colonization as "crime against humanity" and a "barbaric act", this national work is still in process.
All that explains the easiness with which a more radical Islam took roots in some of those places, when salafi movements expanded in Europe: for a lot of young people living there, who feel hated by the State and the rest of society, "being Muslim" is the only identity and pride left. Therefore any attack on it (or law lived as an attack) is extremely badly experienced. This come-back of the religion in public spaces and of its demands, in a country which just finished to deal with his century fight against Catholic Church claims, provoked a vivid reaction on the other side.
This defiance against Islam became a tool for the far right in order to gain votes, then from the right politicians (including some current ministers) wanting to keep those votes. Religious extremists and racist people in France now take profit of the same kind of ambiguity: religious extremists say any limitation of their religious expression (due to the limitations of french free speech laws) are in fact an attack on Islam and Muslims ("Islamophobia") ; and the Far Right implies that every Muslims is an extremist who doesn't accept the french laïcité (an idea which is sadly encouraged by recent polls - even if pools, and the ambiguity of their questions, should always be read with caution). This confusion is helped by the fact that the political left, which in France is historically the keepewatcher of laïcité (a true laïcité, not a preference for Catholic church), is sometimes awkward with the subject concerning Islam, as it doesn't want to attack a religion whom believers already live discriminations as Arabs. And all that confusion is of course not helped by the 20 terrorist attacks made in the name of Islam that France lived in the last 8 years...
To sum this up: yes, it's not exaggerate to say there is a stigmatization of Muslims in France. But it has not a lot to do with the free speech law, or with the caricatures of the prophet, and favoring that confusion is playing the game of religious extremists on french soil. Left newspapers like Charlie Hebdo want to continue to fight racism AND to attack religions: to treat Muslims as equals (to attack their religion as any other one), not to patronize them. That's up to each person to decide if they're doing it right...
AND WHY DOES FRANCE HAVE BUSINESS DEALING IN WEAPONS OR OIL WITH EXTREMIST ISLAMIC STATES?
For cynical economic reasons. But as much as it is not a matter of pride, nor logical in a war against terrorism, it can not be used as an argument to invalidate french version of secularism, which is only about the separation of church and State. The same way we cannot invalidate the secularism legislations of all the countries which presently deal with China just because China locks Muslims into camps (among other niceties)...
SOME LINKS
Macron's speech for the national tribute to the beheaded teacher. This speech is the reason a part of the muslim world started boycotting France, and asked for apologies, pretending he attacked Islam in it. There is no such things in his speech (he only talks about radical Islam, and the liberty to caricature):
Al Jazeera interview with Macron :
SOURCES
POURQUOI CE MESSAGE, MISES À JOUR, ETC.
Hello tout le monde,
Comme pas mal ici, depuis une semaine, je passe mon temps à répondre aux mêmes questions, aux mêmes attaques mal informées ou fake news, aux mêmes comparaisons foireuses... Et quand je vais voir sur les subs étrangers, ce n'est pas mieux.
Je me demande du coup si ce ne serait pas utile de se faire un petit bilan, en anglais, auquel on puisse renvoyer, ou dont on puisse copiecoller des bouts pour répondre aux questions les plus habituelles. Même si au fond c'est une initiative qu'on aurait du prendre la semaine dernière, là c'est limite trop tard...
Le faire ensemble ici permettrait en tout cas de le corriger, de le sourcer, de peaufiner l'anglais, de le rendre plus objectif et froid, de vérifier les affirmations auprès des juristes s'il y en a parmi nous, etc. (EDIT : j'ai eu plein de retours pour la reformulation que j'ai appliqués, merci à tous, restons-en à présent à ce qui pourrait être factuellement faux (questions de droits, affirmations) ou fautes d'anglais objectives !).
Il y aurait encore d'autres choses, sur des objections que j'ai aussi pu croiser : le fait que l'antisonisme ait intégré la loi sur l'antisémitisme, par exemple, ou encore sur la fermeture d'Hara Kiri, une explication de la pensée du modèle laïque français et de pourquoi il diffère tant des autres pays (y compris les raisons historiques), un petit bilan de la stigmatisation dont peuvent souffrir les musulmans en France pour bien faire le tri entre les attaques à la religion et les attaques racistes (mais à documenter sérieusement)...
D'autres questions ont été proposées en réaction à ce post, comme ici et ici : si vous voulez vous y atteler et soumettre vos textes au jugement des autres: attention à rester court et factuel, et à ne pas chercher à "défendre" le pays, mais à simplement refroidir le truc en coupant court aux ambiguïtés possibles, y compris si ça met en lumière des failles et problèmes du côté français.
J'ai bien conscience que c'est délicat au sens où on a nous-mêmes des avis différents sur ces questions. Ça peut être aussi l'occasion d'en discuter.
Voilà ce qui me vient pour l'instant, par rapport aux questions qui nous sont le plus posées... (j'édite le texte ci-dessous en fonction de vos remarques).
EDIT: questions en suspend : toujours une hésitation sur la prise en compte de l'esclavage ou non dans la loi contre le négationnisme (qui est un beau bordel), un redditeur travaille dessus.
submitted by TB54 to france

4

A Deep Look at the Elf Trance

Trance is a racial ability that all Elves get, regardless of subrace, but I've noticed that a lot of people don't make much use of it, when in reality it can be fairly powerful when used correctly.
In this post, I'll list out some of the uses I've noticed for it, but before that we should clear up exactly what it does.
Trance
Elves don’t need to sleep. Instead, they meditate deeply, remaining semiconscious, for 4 hours a day. (The Common word for such meditation is “trance.”) While meditating, you can dream after a fashion; such dreams are actually mental exercises that have become reflexive through years of practice. After resting in this way, you gain the same benefit that a human does from 8 hours of sleep.
Key Takeaways:
  • Elves can finish their long rests in 4 hours, compared to the usual 8. This has been confirmed in the 2017 Sage Advice Compendium.
  • Elves do not need to sleep to gain the benefits of a long rest.
  • Elves do not have to dream.
Important Side-notes:
  • Per Mordenkainen's Tome of Foes page 38, Elves can in fact sleep and dream, they just don't have to.
  • You can only Long Rest once every 24 hours, so no taking two long rests in the same night. You can, however, Long Rest and then Short Rest 4 times, although many DMs understandably disallow this.
What does this mean for our Elf PCs? I'll list out the most general use cases first, before going into more build specific ones:
  • Elves can take watch for half the night without worry, as well as potentially be finished their Long Rests in time for night ambushes when other PCs still haven't regained their resources.
  • Elves can long rest in medium or heavy armor without penalty, as the Xanathar's rules that punish sleeping in armor are specifically for sleeping.
  • Elves can maintain concentration on spells through Long Rests. Normally, sleep causes a character to fall unconscious, which ends concentration, but Elves can avoid that. This is useful for spells with long durations like Hex.
  • Per Jeremy Crawford, Elves can still use their passive perception while in Trance. A DM may impose disadvantage on them for this, netting you a -5 to the passive score, but still better than nothing.
  • Elves have immunity to the Dream spell unless they specifically choose to sleep and make themselves vulnerable.
  • Your DM might allow you to use the extra 4 hours in a day before the party wakes up to do things like crafting or training. This is obviously very DM dependent, but could be especially good for Artificers in particular, though, as they gain increased crafting speeds.
  • Elf spellcasters who recharge slots on a Short Rest can cast certain spells with long durations, such as Mage Armor or Tiny Servant, an hour before the party wakes up, and then Short Rest to regain the slots. Warlocks can do this naturally, Wizards can use Arcane Recovery, Land Druids can use Natural Recovery, and Elf Clerics / Paladins can use the UA Class Feature Variants to spend their Channel Divinity to regain a slot, and then Short Rest to get the Channel Divinity back.
  • Elf Wizards can use the extra time to copy spells.
  • Elf Sorlocks can Long Rest, convert all their Warlock spell slots to Sorcery Points, convert those to Sorcerer spell slots, and then Short Rest 4 times to repeat the process and have additional resources for the day.
  • My favorite use: Elves with the UA Chef Feat can use their extra 4 hours to make temp hp treats. As they'll be making 5 batches of treats (1 upon finishing their long rest, and 4 more over the next 4 hours), they can provide their party with temporary HP equal to their (proficiency bonus2) * 5. This means 20 temp hp total from levels 1-4, 45 from 5-8, 80 from 9-12, 125 from 13-16, and 180 from 17-20. These treats do take a bonus action to use, however, but the idea of an Elf being impossible to kill not because they're particularly durable but because they're munching down treats as a bonus action every turn is too hilarious to me not to use. Note: this is UA, and although leaks suggest this feat is making it into Tasha's in some form, we don't know whether or not it will be changed. Also worth noting the treats go bad in 8 hours, so this'll only be relevant at the start of an adventuring day.
  • You can also just use Trance for flavor. Stuff like an Elf spending 4 hours every night performing religious rituals or a hobby or just relaxing can add a lot to a character without wasting any of the party's time.
  • Elf Druids can Wildshape before the party wakes up, and then Short Rest to regain the use. This can be used for scouting while the party rests, but you can also Short Rest while remaining transformed, so if you Wildshape an hour before the party wakes up, you can effectively have an extra use (mostly useful in later levels when Wildshapes last long enough for this to matter, and for Moon Druids). Thanks to DeltaFey for the idea.
  • Elves can use any ritual spells they have while the party rests. This is especially useful for information gathering rituals like Speak with Animals, but can also be used to immediately have things like Phantom Steed up the moment the party wakes up. Thanks to moral_mercenary for the idea.
  • Elves can use Short Rests before the party wakes up to attune to an item, use it, and then unattune from it. This can be useful for any items that continue to grant benefits even after you unattune, such as those that provide information or cast long lasting spells.
  • Elves with the Aberrant Dragonmark feat can use their free mark spell and then recharge it with a Short Rest. Useful for spells with longer durations.
  • Abiltiies that grant bonuses to checks and recharge on Short Rest can be used to have a better Perception check for your watch, and then recharged before the party wakes up. Bardic Inspiration (at level 5+) is one example.
  • Ancestral Barbarians can use their level 10 feature, Consult the Spirits, to gather information and then Short Rest to recharge.
  • Clerics can use their Channel Divinity after Trancing and then recharge it with a Short Rest. This is particularly useful for Forge Domain and Knowledge Domain.
  • Four Elements Monks at level 17+ can use their ki for "Wave of Rolling Earth" to cast Wall of Stone, which can make permanent structures, and then recharge with a Short Rest.
  • Warlocks with the Cloak of Flies invocation can use it and then Short Rest to recharge it while still maintaining the effects.
  • Any effects that grant temporary HP and recharge on a Short Rest can be useful, such as the Battlemaster "Rally" maneuver, Glamour Bard's "Mantle of Inspiration" (at level 5+), or the Shepherd Druid's "Bear Spirit". However, it's worth noting that temporary HP disappears at the end of a long rest, so you can't give it to party members mid-rest and expect them to have the HP for the entire day. Very worth using on either yourself or other Elf party members (or people skipping Long Rests for whatever reason), though. Thanks to Generic_gen for this idea as well as a bunch of the others on this list.
  • Alchemist Artificers multiclassed with a class that has the ability to regain slots on a Short Rest (ex. Warlock naturally, Cleric or Paladin using UA Class Feature Variants to convert Channel Divinity into slots) can Long Rest in 4 hours using Trance, use slots to make extra "Experimental Elixirs", Short Rest to regain the slots, and repeat until the party wakes up to gain a stockpile of elixirs each day. Thanks to lightningstroke00 for the idea.
  • Elf spellcasters can delay their Long Rest by 4 hours (if party starts Long Rest at hour 0, the Elf would wait til hour 4), and cast long duration spells such as Mage Armor right before resting. They'll finish their Long Rest at the same time as the rest of the party and still have their spell going for the first few hours of the day.
Those are most of the uses I can think of. Please comment if you can think of any more.
Thanks for reading!!
submitted by ahgnas to 3d6