Why French Law Treats Dieudonné and Charlie Hebdo Differently

NY Times: On the same day that the French satirical magazine Charlie Hebdo immediately sold out an initial run of five million copies of its latest issue—which featured a cover image of the prophet Muhammad—French police arrested the comedian and activist Dieudonné M’bala M’bala for writing on his Facebook page, “Je suis Charlie Coulibaly.” Dieudonné was charged with “incitement of terrorism,” for appearing to offer a gesture of solidarity with Amedy Coulibaly, the Islamist gunman who murdered four hostages in a kosher grocery store in Paris last Friday, apparently in concert with the terrorists who carried out the massacre at Charlie Hebdo’s offices two days earlier.

The juxtaposition of the two events—the celebration of a magazine that routinely publishes cartoons considered blasphemous and offensive by many of the world’s Muslims and the muscular prosecution of a relentlessly provocative black comedian—has immediately exposed France to charges of hypocrisy and double standards. To many French Muslims, it seems as if it’s open season for ridicule and anti-Muslim sentiment, while the full power of the state is ready to come down on Dieudonné, who thumbs his nose at the French establishment and enjoys making provocative and thinly veiled anti-Semitic jokes.

The Facebook post was a shrewd move by Dieudonné. As I have written for this site before, the comedian has played a complex cat-and-mouse game with the French state for years, earning himself a raft of trials and half a dozen convictions for inciting racial hatred while, at the same time, building a considerable following, particularly among disaffected young people of North African and African origin. His comic performances have long included jokes such as “The Germans should have finished the job in 1945.” Charlie Hebdo, for its part, has survived forty-eight trials over the past twenty-two years, according to Le Monde, and has lost a total of nine times, generally for “injure”—personal defamation—rather than hate speech, after, for instance, describing a journalist as “a complete and utter cretin” and a right-wing politician as “the bitch of Buchenwald.” But attempts to punish the publication for religious insults have generally failed, whether it was referring to Pope John Paul II as “un pape de merde” (a shitty pope) or publishing cartoons of the prophet Muhammad.

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