The U.S. can’t stay silent about Spain’s assault on freedom of speech
Originally published in New York Daily News
By Jennifer Lutz & Bruno Millan Narotzky
For centuries, freedom of expression has been at the cornerstone of the American identity, an intrinsic part of the democracy that we defend from assaults, both ideological and concrete. We’ve operated under the idea that damages to this freedom has a ripple effect. It’s been our rationale for wars, global aid and alliances. But in the face of censorship from our democratic allies in Spain, the U.S. has been noticeably silent — perhaps the result of our own creep toward censorship.
This past February, Spain sentenced Catalan rapper Pablo Hasél to two years in prison for his tweets and lyrics. Hasél was charged with glorification of terrorism and singing against the monarchy. A sample tweet: “Police murder 15 immigrants and they’re saints. People defend themselves from brutality and we’re called ‘violent terrorists, trash etc.’ ” The tweet was in reference to immigrants who drowned after Spanish law enforcement shot rubber bullets at them during efforts to reach Spanish soil.
The sentencing was followed by a wave of protests, which were met with the expected sting of rubber bullets and swinging of police batons. Despite prohibitions against publishing photographs of police (included in the the Organic Law of Protection of Citizen Security, commonly known as the “Gag Law”), citizens and journalists succeeded in publishing extensive documentation of police violence.
It’s not the first time that Spain used penal codes and weapons to keep its citizens in line. In 2019, Spain made headlines for ongoing protests in response to the sentencing of prominent Catalan politicians involved in the 2017 independence referendum. During the protests, 367 people were sent to the hospital. At least 38 journalists were injured and an El País reporter (who was wearing an identifying bracelet) was briefly detained. The Committee to Protect Journalists said that reporters suffered “multiple instances of attacks and harassment by police during the protests.”
As European Parliament Member Jordi Solé put it, “democratic governments that want to continue presenting themselves as a guarantor of democracy and fundamental rights (such as the EU), should be as demanding with Spain as they are with Poland and Hungary.” Solé continues, “In Spain, there is a State nationalism that does not care if this creates a low-quality democracy in some respects.”
The United States should be able to speak against these abuses with a strong and clear voice, particularly as freedom of expression in the U.S. faces its own threats. Here, 110 journalists were arrested or criminally charged in 2020 (compared to nine in 2019) and roughly 300 were assaulted.
As an example, this past May, Des Moines Register reporter Andrea Sahouri was pepper-sprayed and jailed while covering Black Lives Matter protests in Iowa. The 25-year-old was charged with “failure to disperse and interference with official acts.” She was later acquitted.
According to Freedom House, Spain’s overall freedom ranking surpasses America’s by seven points (90 to 83). Spain also surpasses the U.S. on the Reporters Without Borders free press scale; the United States ranks 45th worldwide. Perhaps this helps to explain our unwillingness or inability to lead the world.
In Spain, Hasél is among many artists charged with laws infringing freedoms of expression, such as Article 491 of the Penal Code: Slander against the Crown. In 2017, singer Cèsar Strawberry received a one-year sentence. That same year, members of the rap group La Insurgenica were sentenced to two-year jail terms. In 2018, rapper Valtonyc was sentenced and fled to Belgium.
We’ve come to a reckoning with the idea of liberty. If we are to re-establish the U.S. as a world leader in democracy, reigniting our stance on these fundamental freedoms must be central and decisive. We can begin by holding ourselves accountable and demanding the same of democratic allies. Freedom of speech for America. Freedom of Speech for Spain.
Lutz is an essayist and freelance journalist, covering health and politics. Narotzky is a translator and writer, focusing on arts and music.
