The First Amendment Is Bigger Than Perez Hilton's Nose, But Not His Ego

Irksome

We get press releases:

RJ Romero
5163126573

For Immediate Release

Gossip blogger Perez Hilton rally for support by NYC nightlife King JE Englebert after recent assault.

New York City

Gossip blogger Perez Hilton rally for support by NYC nightlife King JE Englebert after recent assault allegedly by Black Eyed Peas band member Will.I.Am after the musician told the blogger not to write about his band on his website www.perezhilton.com Police charged the band's tour member with assault for allegedly punching Hilton during a confrontation at a Toronto nightclub early Monday morning. “Freedom of speech should never be compromised”  “Wether [sic] you love Perez or hate Perez he is a [sic] entertainment icon that has the right to free speech”  “I am inviting Mr. Hilton to be my guest of honor in NYC and have a VIP party for him and his thousand [sic] of followers at my nightclub Suzie Wong on a night to show love not hate. Guess what is on the menu at the event? I plan on serving “Pea” soup says Englebert

If you avoid the seamy world of internet celebrity gossip, Perez Hilton, most recently famous for his jihad against a beauty queen who gave a displeasing, but respectful and honest, answer to an unsolicited question about a controversial political topic, feels that his freedom of speech was compromised when after calling a member of the Black Eyed Peas a "fucking faggot," Hilton had his face punched in.

Demonstrating his mastery of Web 2.0, but perhaps not common sense, Hilton spent 42 minutes after the incident twittering for the police.

  • I'm in shock. I need the police ASAP. Please come to the SoHo Metropolitan Hotel now. Please.
  • I was assaulted by Will.I.Am of the Black Eyed Peas and his security guards. I am bleeding. Please, I need to file a police report. No joke.
  • Still waiting for the police. The bleeding has stopped. I need to document this. Please, can the police come to the SoHo Met Hotel.
  • I spoke to my lawyer. I really need to talk to the authorities. Please come to the SoHo Met Hotel. Have called the police. Need them here.
  • The Toronto police are here now. Thank you. Please stop calling them.

Perez Hilton has over a million followers on Twitter.  If one assumes that one percent of Hilton's followers were connected to the service, and that ten percent are as callow as he, that means that in 42 minutes the Toronto police received over a thousand calls from deranged Hiltonites begging, pleading, "SAVE PEREZ!"

Since Monday, Hilton has cast himself as a free speech martyr, the sort of man whose words you might not agree with, but you'll fight to the death to defend his right to say them!  For instance:

I am honestly SHOCKED at the amount of people saying I deserved to be hit. Shame on you! NO. Violence is never the answer. NEVER.

And:

I can expect him to scream and shout but NOT assault me. That is ILLEGAL!!!!!!!!!!!!!!!!!!!!!

Perez Hilton is well versed on celebrity gossip, but about the law he's sadly mistaken.  In fact, in Ontario as in most American jurisdictions, extreme provocation may be a defense to a charge of criminal assault.  Extreme provocation such as shouting, "YOU FUCKING FAGGOT!" to another man, of any sexual orientation.  As a gay man, one might expect Hilton to know that those words are offensive.

But as an American, one might not expect him to know that in Ontario, as in the rest of Canada, though not the United States, it was Perez Hilton who committed a crime on Monday night.  The crime of hate speech.

Under Canadian law, it is a crime to say, print, or publish words that are offensive to members of discreet groups based on gender, race, ethnicity, religion, and sexual orientation.  While under the criminal law it's debatable as to whether one's intent matters, under Canadian human rights law, intent is not an element.  Even if Hilton meant "Fucking faggot" as an endearment, he'll have to answer to a Human Rights Commission, should Will.I.Am decide to press charges on Hilton's return to Toronto.

But Canadian law doesn't stop there.  Query whether, by holding a support rally at a New York club whose name suggests that Asian women are whores, Hilton can also be prosecuted in Canada for violating the human rights of Asian-Canadian women.

And then there's universal law.  Moral law.  Natural law.  God's law.

It is in fact a universal law, under all moral codes, that if a man climbs into another man's face, shouting drunken, unwarranted insults, the penalty is what lawyers call an "ass-kicking."

It is a universal law that if a man who has received an ass-kicking based on shouting drunken, unwarranted insults complains about the penalty, he must be branded:  as a jackass who couldn't take a well-deserved ass-kicking.

It is a universal law that if a man conflates his well-deserved ass-kicking for shouting drunken, unwarranted insults with a violation of the right to speak free from interference from the government, as though he's Socrates or Galileo or D. H. Fucking Lawrence, as though he's a martyr, he must be branded again: as a hypocrite, an idiot, and a guy who really fucking deserves another ass-kicking.

Perez Hilton: Guilty on all counts.  And I'm not going to your fucking support rally.

Last 5 posts by Patrick

13 Comments

11 Comments

  1. Ken  •  Jun 24, 2009 @12:00 pm

    Perez Hilton's conduct offends me for the reasons you have identified. But not as much as it offends me that some douchestain publicist thought we would want to see that press release.

  2. Ken  •  Jun 24, 2009 @12:04 pm

    Also, at the risk of being ridiculed as a criminal law wonk who is missing the point and ignoring that this is no more of a law blog than The Onion, allow me to respectfully disagree and say that provocation is not a legal defense to assault and battery in most jurisdictions, including (I am informed) Ontario or most U.S. states.

    It is, of course, a possible inspiration for jury nullification.

  3. Ken  •  Jun 24, 2009 @12:05 pm

    Also: awesome.

  4. Mike  •  Jun 24, 2009 @12:13 pm

    I got the same press release.

    If Ken is going to "go there"…. Sure, while provocation is not a defense to liability, it is often a de facto defense to arrest and prosecution. Which is better than a jury instruction, since it saves you the expense and hassle of arrest and prosecution.

    "Arrest that man!"
    "Why?"
    "He slapped the taste out of my mouth after I called him a fucking faggot!"

    LOL. Good luck getting THAT guy arrested.

  5. Scott Jacobs  •  Jun 24, 2009 @1:05 pm

    Frankly, while I generally agree that violence isn't the go-to answer, it is often a FINE answer.

    Ask the city elders of a couple of Japanese cities what, exactly, violence can solve.

    And really, I support punching PH on general principle. Dude don't get hit enough.

    And Will.I.Am's guy has a great defense for the criminal charges. "After he drunkenly screamed a term that any sane person would find offensive – and be ashamed for having thought let alone spoken out-loud – I naturally assumed that he would proceed to physically assault him. I acted in his defense, as any reasonable person would assume such a verbal attack would be followed by a physical one. I certainly had no idea the person I hit was himself gay. I mean, who the hell is Perez Hilton?"

  6. matt  •  Jun 24, 2009 @2:20 pm

    http://en.wikipedia.org/wiki/Perez_Hilton i assume no liability over mental anguish and or self inflicted injuries from you reading this

  7. Mike  •  Jun 24, 2009 @2:29 pm

    He reads all Tweets addressed to @PerezHilton. I've been blocked for sending this this: "@perezhilton You are a homophobe; much more vile than Miss California. I'm glad you got the taste smacked out your mouth."

    My Perez-related work is done.

  8. PatrickKelley  •  Jun 24, 2009 @5:26 pm

    Somebody ought to hit Perez Hilton so many times a day you could start a drinking game over ever time its reported.

  9. Ken  •  Jun 26, 2009 @10:18 am

    Perez sues, says he will donate the money to the Matthew Sheppard Foundation. Matthew Sheppard Foundation preemptively says no.

    We very much appreciate the generosity of the offer to support our continuing work to memorialize Matthew through activism in defense of sexual minorities and in favor of understanding, compassion, and acceptance. But because so much of our work involves education to reduce the use of hateful language against gay, lesbian, bisexual and transgendered persons, or those so perceived, it would be inappropriate for us to benefit financially from circumstances in which such a verbal attack was involved.

    While we applaud Mr. Hilton's apology to the LGBT community and their loved ones for his use of such a slur, we also feel compelled to point out that use of epithets can often lead to physical violence, as it appears it may have in this case, and that the Matthew Shepard Foundation has worked for more than 10 years to bring to people's attention the consequences of hateful or intolerant language.

  10. John David Galt  •  Jun 26, 2009 @5:58 pm

    You're right on all counts, both legally and morally. This event almost (but not quite) believe there is such a thing as divine justice after all.

    But I think it's a shame that Canada, or any other place, has one of those "no insulting a politically correct group" laws; sorry, Charlie, free speech is a human right, and not having your feelings hurt isn't. I hope that law gets overturned — AFTER it's too late for Mr. Hilton to benefit by it.

    And for that matter, I have no problem with Mr. Trump firing Ms. Prejean for whatever reasons he chooses. It's his show, and he was not a jerk about it as Mr. Hilton was. (I hope I'm right in thinking Mr. Trump has a good enough PR instinct that Mr. Hilton won't be judging next year's pageant.)

  11. Eduardo  •  Jun 29, 2009 @1:21 pm

    That's some delicious rejection from the Matthew Shepard Foundation.

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