Jeff Cumberbatch – Chairman of the FTC and Deputy Dean, Law Faculty, UWI, Cave Hill

It is, once again, that time of the year when we UWI examiners are called upon to mark examination scripts. As a result of the introduction of the semester system, this has now become a biannual exercise for us in May/June and December/January. None of which, of course, is of the slightest interest to any of my readers, but it serves to illustrate starkly some of the eldritch ways in which this columnist derives fodder for his weekly offering.

Perusing some scripts last week, and encountering for the umpteenth time in them the seemingly perennial elision of the “ed” and “d” from the past tense form of some verbs, the alarmingly familiar unfamiliarity with the proper usage of “their”, “there”, “they’re” and “they”, who’s for whose, and the jarring insistence of putting a “d” in “privilege”, I began to wonder whether I am not merely a silly old nerd whose demand for the proper spelling of words and the accepted use of English marks me out as an ageing dinosaur.

But then I thought further on the issue, and I recalled that the elision of the past tense endings had indeed now become accepted usage in some modern English expressions so that it would now be almost laughable to ask for iced cream, waxed paper, or skimmed milk. Hence it may be that one day, newspapers might very well be “publish”, matters will be “discuss” and decisions “consider”. I note in passing, with some alarm, that the spellcheck on my desktop is not even signaling that these are incorrect, but I digress. Sic transit gloria, I assume.

One of the areas of law of which I happen to be a keen student is that of freedom of expression and the nature of its regulation. In law this is usually effected through the jurisprudence governing defamation, blasphemy, and by the criminal law that governs libel, the use of threats, indecent language and the theoretically troublesome offence of using insulting language to a police officer, among others.

It may be then that while much of the concentration in the phenomenon freedom of expression is on what one cannot or should not say, much less attention is paid on how we express either in words or writing what we want to communicate to others. So when some weeks ago James Comey, the recently dismissed Director of the FBI complained “It makes me mildly nauseous to think that we might have had some impact on the election,” he was not merely expressing regret at his actions late last year, but in fact was denigrating himself in a Nauseating way. According to one commentator, “If you’re nauseated you’re about to throw up, if you’re nauseous, you’re a toxic funk and you’re going to make someone else puke. These words are used interchangeably so often that it makes word nerds feel nauseated!”

Yet it would be churlish to deny that Mr Comey did not tellingly get his point across. If it is about communication only, then we should not cringe at the media usage of “comprise of”, “council” for “counsel” or “criteria” as a singular noun. There is, too, a current radio ad that blares about “the less (sic) plastic bags you use…” But for the very few who carp at these misuses of accepted expressions, they must now consider whether they are not in effect seeking to infringe the misusers’ freedom of expression.

Indeed, in this context of dichotomy, today’s leader in the Barbados Advocate raises an intriguing question as to whether the extent of freedom of expression might not differ in one person, depending on whether he or she is speaking officially or as an individual.

So that while the Honourable Minister of the Environment, Mr Denis Lowe, has unbridled freedom publicly to air his suspicions of, and views on, what he considers a probable future enactment of legislation permitting same sex marriage, the editorial wonders whether he is as politically or electorally free to do so in his capacity as the representative for the diverse constituency of Christ Church East. And while there are those who will condemn him for expressing even a personal view on the matter, there is nothing in the constitutional guarantee, on a plain reading, that appears to limit the choice of subject matter on which one may express an opinion.

An apt analogy is not far to seek. An employee is free, in the company of his or her friends, or even anonymously on social media, to express a personal view on any aspect of their workplace conditions. That same opinion, posted on social media in a circumstance where the poster may be identified, may lead to startlingly different results for that worker’s economic fortunes.

Similarly, I suppose with the freedom of expression as it pertains to the mode of its exercise. You may elide the past tense indicator to your heart’s content, put a “d” in privilege, and even append the understandable extra ”o” in “lose” so long as the communication is personal or among chums. For those communications of a more formal nature, such as court documents, examination scripts and general public addresses, there is a tried and tested cannon. Until it changes, as perhaps, given the historical development of the language, it will, you should use it.

63 responses to “The Jefferson Cumberbatch Column – Freedom of Expression”

  1. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    https://www.barbadostoday.bb/2017/05/22/low-interest-rates-stifling-wealth-generation/

    What is wrong with Mia, both governments have over the decades refused to rein in, regulate these companies or to lock up CEOs and GMs of insurance companies who steal from bajans because they are their friends and business partners…..now she comes up with this crap…instead of saying her government will make it easier for black bajans to conduct business on the island, therefore having new areas to invest all that money…..why allow insurance companies to continue stealing from bajans,.

    Has she not noticed that one insurance company owner used his online newspaper this week to expose an insurance company that is abusing injured claimants while the same insurance company owner continues to do the same….if Mia wants voters to have confidence in her, she needs to open her eyes to reality, stop pretending all is well with insurance companies and get serious.

    ‘Low interest rates stifling wealth generation’
    Added by Marlon Madden on May 22, 2017.
    Saved under Local News
    0
    Bothered by the low interest rates being offered by commercial banks, Opposition Leader Mia Mottley is challenging insurance companies to come up with new instruments in which the financial institutions can invest.

    “The commercial banks have sent enough messages to us that they are prepared to shift their presence because the region is not giving them the returns that it gave them for the last century. Now, how do entities that live with us for 100 years start to make decisions to find other regions attractive all of a sudden? It is because we are not performing at the levels we ought to be performing.”

  2. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    It’s amazig the crap politicians are allowed to get away with  on the island, like not many people are paying attention to their own or children and future generation’s welfare and wellbeing.

    Here is Mia pretending that CLICO never presented the bajan public and business people with fraud instruments of investment just recently, causing untold misery on pensioners and the elderly, who are yet to receive their money, nearly 10 years later, many died while  waiting….but here is Mia inviting the same unregulated by both governments insurance companies, challenging them to invent new instruments of insurance to commit the same offenses against the people all over again. Without even thinking that there is anither and better way fir businesses and the populationto invest that over abundance of cash. 

    Dont these new insurance instruments first have to be approved by insurancorrectlators and removed if found to be fraudulent…what has been done since CLICO to cirrect this and prevent a recurrence of thefts from policyholders and instrument  holders.

    Insurance is not the only or best investment.


  3. She mussee a Bajan. lol

    “A judge with a history of releasing reasons for judgment years late was reprimanded by Ontario’s top court Thursday for “frustrat(ing) the proper administration of justice.”

    This time, it resulted in the court ordering a new trial for a case involving serious allegations of domestic and sexual violence.”

    https://www.thestar.com/news/crime/2017/05/25/ontarios-top-court-reprimands-judge-for-frustrating-administration-of-justice.html


  4. I see attorney general Adriel Brathwaite is condemning the terrorist bombing in Manchester. But what is he doing to protect Barbadian people. He should not that the bomber was born in Britain. We have lots of Barbados-born Muslims, are we safe? We are incubating bombers in Barbados, just as they are in Trinidad and Guyana.

  5. Vincent Haynes Avatar
    Vincent Haynes

    Hal

    Does Muslim equate to terrorist bomber?

    Presently the police in Manchester are looking at another reason for the bombing totally unconnected to the Jihadis whom he was known to have fought against.

    All ethnic groups have deviant members within them,whose solution to perceived injustice is anti-social behaviour that can include suicide bombing but not seeking 77 virgins.


  6. Vincent,

    Wahhabism is based on terrorism, it is the drive towards a Caliphate. Some people are bombers while others are apologists for the bombers. Silence from the majority is consent. Do we know how many local Muslims go to Saudi Arabia for whatever reason? We do know that Trinidadians go and Guyanese. I think it is a fair assumption that they all are in contact.
    Our security services cannot sit back and keep their fingers crossed that we have angels as Muslims; they must be pro-active. Do you read the Muslim column in Barbados Today? If you do plse note the use of language. It is an art of avoidance.
    Listen to the outpourings after every atrocity: that the bombers are not true Muslims, that they are outsiders, misread the Koran, etc.
    We must be precautionary.

  7. Vincent Haynes Avatar
    Vincent Haynes

    Hal

    The same way we have may christian sects and cults with extreme ones like the Jim Jones and the Waco texas ones.

    Muslim is primarily made up of Shia and Sunni with many fringe groups like the christians,one of the fundamentalist ones is the Wahhabee sect out of Saudi Arabia whose primary goal is as you rightly stated the re-establishment of the Caliphate.Note that Trump has just signed a Billions of dollar deal with them,the birth country of Osama.

    I see nothing wrong with the Bim group distancing themselves from this radical bunch,who at the end of the day are indirectly funded by the USA.


  8. one manchester on any island and tourism is dead, better be well ahead of the curve or have a exit strategy. The islands should make any people of interest known to all


  9. Vincent,
    All it takes is one person radicalised through the internet to set off a bomb or smuggle an AK47 in one of those big containers and start shooting on any beach. Whatever you say we must take precautionary action.
    .

  10. Vincent Haynes Avatar
    Vincent Haynes

    Hal

    I agree with your statement with omissions above as follows…….

    All it takes is one person to set off a bomb or smuggle an AK47 in one of those big containers and start shooting on any beach.

    I have read in the papers here of more than one AK47 being smuggled in the back of TVs and in barrells…..these are ones that have been caught and we know that only roughly 10% are caught……note these importers were all non-Muslims.

    My point is that crazies exist in all communities and we must be vigilant at all times.


  11. Of course there are crazies in every community. But the big threat to global peace are Jihadists and Barbados is not excluded..

  12. Vincent Haynes Avatar
    Vincent Haynes

    Hal

    A bunch of crazies have decided to do some brutal killings in the middle east and europe…….note Isreal is left alone which also happens to be in deals with Saudi Arabia……calling themselves all sorts of names including Jihadist which is no different to the Crusader name back then and the west has latched onto it and endowed it with some superhuman meaning. The same west that supports the Saudis, home of these crazies.

    We agree on eternal vigilance irrespective wherever the threat comes from.

  13. millertheanunnaki Avatar
    millertheanunnaki

    @ Hal Austin May 26, 2017 at 12:38 PM
    “Of course there are crazies in every community. But the big threat to global peace are Jihadists”

    Not only the jihadists but also those who sponsor them financially like the Saudis in order to buy the weapons and bomb-making equipment and detonating materials from those ‘well-respected’ arms manufacturing concerns in the West, Russia and China.

The blogmaster invites you to join the discussion.

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading